Kansas Divorce Law

Complete Overview of of the Kansas Divorce Laws

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Important Kansas Divorce Guidelines to File for a Divorce

Kansas Residency Requirements For Divorce

A spouse filing Kansas divorce papers must have been a resident for 60 days.

Grounds For Divorce In Kansas

Kansas recognizes both no-fault grounds and fault grounds for divorce.

The no-fault ground is:

  • incompatibility.

Some of the fault-based grounds for divorce in Kansas are:

  • failure to perform a marital duty or obligation;
  • incompatibility by reason of mental illness and confinement to a mental institution for two years or adjudication of mental illness.
Kansas Child Custody

The court shall determine joint or sole custody in accordance with the best interest of the child. If the parties have a written agreement concerning the custody of their minor child, it is presumed the agreement is in the best interest of the child.

The following are some factors the courts consider in custody decisions:

  • wishes of the child’s parents;
  • wishes of the child;
  • bond between child and parent and siblings;
  • child’s adjustment to home, school, and community;
  • mental and physical health of all individuals involved.
Kansas Child Support Guidelines

Unless special circumstances are present, the courts calculate child support based on the official child support guidelines. Child support will continue until the child reaches adulthood, and may be extended through his or her secondary education.


Kansas divorce forms may be filed in the respondent’s or petitioner’s county of residence.


The court may order mediation of any contested issue at any time upon the motion of a party or upon the court’s own motion. In every case, the parties are free to engage in mediation before or after their divorce has been initiated. If the parties are able to reach agreements as to their divorce issues through mediation, they may proceed in court on an uncontested basis.