By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 09, 2023
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Just as states have regulations on the marriage process, the same holds true for divorcing. There are legal requirements for divorce that define the procedures a person must go through in order to get divorced. Here is an overview of the legal requirements for divorce in Kansas.
State laws determining the legal requirements for divorce set out the process by which marriages become legally dissolved. Kansas, like many states, has a 60-day residency requirement to file for divorce, as well as a 60-day waiting period between a divorce filing and a court hearing. “Incompatibility" and “the failure to perform a material marital duty or obligation" are the legal grounds for divorce in Kansas. The details of Kansas's divorce statutes are listed below.
Code Section |
§ 23-2701, et seq. of the Kansas Statutes |
|---|---|
Residency Requirements |
One party must have been a resident for 60 days before filing |
Waiting Period |
Hearing not for 60 days after filing (unless emergency) |
'No-Fault' Grounds for Divorce |
Incompatibility |
Defenses to a Divorce Filing |
- |
Other Grounds for Divorce |
Insanity (mental illness/incapacity; failure to perform material marital duty/obligation |
All states, including Kansas, offer what is known as a “no-fault" divorce under the state's “incompatibility" ground for divorce. In a no-fault divorce, you don't have to prove (or even allege) that your soon-to-be-ex engaged in any specific wrongdoing in order to get a divorce. Instead, you only have to tell the court that you and your spouse are “incompatible," and there is no use in trying to preserve the marriage.
States also have some alternatives to divorce, like an annulment or legal separation. Each of these processes has its own separate requirements and they only apply to specific circumstances. If you and your spouse have any shared minor children, you should also be familiar with Kansas child custody laws, as well as any state child support guidelines and child support enforcement regulations.
Going through a divorce can be both emotionally difficult and legally complex. You can visit FindLaw's section on Divorce for additional articles and information on this topic. Also, check out FindLaw's articles on Kansas Marital Property Laws and Kansas Child Custody Laws.
Divorce is difficult, complex, and often emotionally exhausting. Even without children, it can be difficult negotiating a settlement with your estranged spouse. That's why it helps to have an attorney by your side who knows the intricacies of Kansas divorce law.
Get started today by reaching out to an experienced Kansas divorce lawyer near you.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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