THE KANSAS DIVORCE
Does Kansas have jurisdiction?
Either party must have been a resident of Kansas for 60 days prior to the filing of the Petition for Divorce. There may be other considerations if you have a spouse with children in another state at the time you want to file. If your spouse has lived with your children in another state for over six months then you should consider filing in that state as that court has jurisdiction over the children. There is no residence requirement for separate maintenance actions (which is what we would call a “legal separation” in Kansas).
What County Should I File In?
You normally file for divorce in the county where you and your spouse lived together. You or your spouse must have a Kansas address in the county of filing unless BOTH of you agree to file in another county. Kansas civilian residents living overseas may file in Kansas if they have maintained their residency in Kansas.
What if one of us is in the Military?
Active duty members of the military (or their spouses) may file in Kansas if they have been stationed in Kansas for six months or were residents of Kansas when they entered active duty. The “Soldiers and Sailors Civil Relief Act” will stay (or suspend) any litigation if one party is on active duty.
Do I need to have grounds for a Divorce in Kansas?
Kansas is a “no-fault” state which simply means you do not have to prove any grounds for a divorce other than incompatibility. Do not confuse this with “no-fault” means I can do what I want in my marriage or during the divorce and there are no consequences – that is not the case!
How long do I have to wait after I file for Divorce before I can obtain a Divorce Decree?
Kansas law requires that you wait at least sixty (60) days after the filing of the Petition for Divorce.