divorcing man and woman sitting back to back

Divorce in Kansas

Steps to filing a divorce in Kansas.

Generally, there are 3 steps in a divorce proceeding: property and liability division; child custody and child support; and maintenance. Any details that the parties cannot agree on will be decided by the judge at trial.

We break this down below in 7 sections to filing a divorce in Kansas include:
1) Talk with your spouse and family.
2) Hire a divorce attorney
3) Declare an appropriate grounds for divorce. 
4) Complete the appropriate forms and pay the required fees.
5) File a petition for divorce.
6) Negotiate a settlement.
7) Final divorce decree and marital settlement agreement. 
8) Other FAQ's

How Is Child Custody Decided In Kansas?

Who Has Custody Of A Child Born To Unmarried Parents?

As a Kansas family law firm with the appropriate education and years of experience we understand the divorce process can be a difficult and overwhelming experience.

That's we explain the seven steps below in detail. We want you to have an understanding of a typical divorce process. There are variables in these seven steps that will apply to you as an unique individual.  We want to help you avoid the traps and pitfalls during a divorce that's why it is important to hire a divorce attorney early in the process.

1. Talk With Your Spouse And Family.

Talk with your spouse, talk with your spiritual adviser, talk with a family member. It’s a big life decision. But if you feel like it may be the right thing for you,call to talk with a family law attorney at (913) 210-0844.

2. Hire A Kansas Divorce Lawyer.

How much does it cost to get a divorce in Johnson County, Kansas? And How much doe a typical lawyer cost for a divorce?

It depends on how much you want to fight. All of your property, debts, and child custody must be divided “equitably”.

The more you and your future former spouse can agree on as far as dividing things up, the less time (money) your attorney will spend. The opposite is also true. The less you can agree on, the more time (money) it will take to finalize the divorce.

This is one of the most important events in your life. Take some time to meet with Vinnie Rivera for a consultation. During this consultation be sure that your personalities will match and expectations are set so you feel comfortable and well educated about the process.

It is important to know a lawyer can only represent one side. But, both parties don’t have to have their own lawyer. The person with a lawyer can file for divorce and have their attorney draft the settlement agreement. The other person is acting “pro se,” and cannot receive legal advice from the other party’s attorney.

While an attorney is only representing one party, it is possible for a divorce to go through.

3. Declare An Appropriate Ground For Divorce.

In the initial paperwork, you must provide a ground for requesting a divorce.

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

No fault means you and your spouse are no longer compatible.

Fault means failure to perform a material marital duty or obligation or incompatibility by reason of mental illness or mental incapacity of one or both spouses.

What is the stand on adultery as a reason for divorce in Kansas?

Kansas recognizes three grounds for divorce:

  • Incompatibility
  • Failure to perform material marital duty
  • Incompatibility based on mental illness or incapacity.

4. Complete The Appropriate Forms And Pay The Required Fee(S).

Kansas has a $196.50 filing fee for the divorce petition to be filed with the clerk of the court. If there are children involve in the divorce, there is also a required to attend Parents Forever classes at a cost of $75 for each parent.

In the initial paperwork, you must provide a ground for requesting a divorce.

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

No fault means you and your spouse are no longer compatible.

Fault means failure to perform a material marital duty or obligation or incompatibility by reason of mental illness or mental incapacity of one or both spouses.

5. File A Petition For Divorce.

In the State of Kansas, parties must wait at least 60 from the date of which the petition for divorce is filed (unless the court determines that an emergency exists*) before the final hearing for the divorce to be granted.

How long do I have to be separated to get a divorce in Kansas?

There is no required period of separation in Kansas before a divorce can be filed. Kansas does have a 60 day “cooling off” period between filing and finalization of the divorce.

The parties to a divorce action are called the “petitioner” (the spouse that files for divorce) and the “respondent” (the other spouse who must file an answer to the petition).

The petitioner or respondent in an action for divorce must have been an actual resident of the state for 60 days immediately preceding the filing of the petition.

Notify your spouse. Once the Respondent has been served, he or she must then file a response with the same court. The respondent typically has 21-30 days to answer. Once this response has been filed, the couple must wait 60 days before they can go to trial.

*What constitutes for an emergency divorce in Kansas?

A judge will determine whether of not an emergency exists. This emergency exception only applies to having the divorce finalized ahead of the normal 60 day “cooling off” period.

Emergency Temporary Orders are available to address issues prior to the divorce being finalized. For example, child custody, child support, spousal support, housing, restraining orders. Essentially any thing that can be ordered for the final decree of divorce can be temporarily ordered pending the final disposition of the case.

How do I file for divorce in Kansas without the other spouse being living in the same county as well?

If you have been a resident of Kansas for 60 days, then you can file for divorce in the county of residence. If the spouse lives outside of the same county, they will be required to participate in proceeding in your county.

6. Negotiate A Settlement.

Lawyers begin requesting “Discovery” from each other, which can include providing pay stubs, tax returns, retirement statements, home appraisals, mortgage statements, personal property appraisals.

You are entitled to get a very detailed accounting of financial and property information from an opposing party, as well as their opinions and calculation regarding the award of child custody and child support.

Is Kansas a community property or common law state when it comes to marital debt in a divorce?

Kansas uses “equitable division” as a guideline for dividing property and debts. This does not mean 50/50, just equitable (fair).

Typically during this time, both parties will create a settlement agreement. This agreement includes division of the marital assets, spousal maintenance, child custody and child support. If the agreement is considered fair the court will approve and include the agreement into the divorce decree after the 60 day waiting period.

How does a Chapter 13 bankruptcy affect divorce a divorce in Kansas?

“Domestic Support Obligations” are not dischargeable in a bankruptcy.

7. Final Divorce Decree And Marital Settlement Agreement.

If the petitioner and respondent can come to an agreement there probably won't be any need for a contested hearing.

When children are involved a parenting plan detailing custody and physical time spent with each parent will be included.

Both parties have 30 days to appeal the divorce decree.

How long before a divorce will be final in Kansas?
Kansas has a 60 day “cooling off” period from filing the divorce to finalization.

8. Divorce FAQ's

How do I change my name back to my maiden name after my divorce in Kansas?

Changing your name in Kansas is fairly straight forward. You must be a Kansas resident for at least 60 days. The purpose of the name change must not be to mislead or defraud creditors. You must provide notice to creditors. Generally, upon divorce finalization, a spouse is entitled to restoration of their maiden name and can request such in the Decree for Divorce.

In Kansas, when filing for divorce, can I exclude my address from my abusive spouse?

Yes, you can keep your address confidential from an abusive spouse in the divorce proceedings.

How long do I have to wait after my divorce to get remarried in Kansas?

Normally, you must wait 30 days after a divorce before getting remarried. However, this window may be shortened by agreement of the partner.

Is there a special form or document for me to receive benefits from my spouses 401k after the divorce?

Yes, you might be required to file a Qualified Domestic Relations Order.