Kansas Family Laws

The petitioner or respondent must have been an actual resident of Kansas for at least 60 days immediately before filing. Military members stationed in Kansas satisfy the requirement.

The base docket fee is $173, but most counties add surcharges bringing the total to approximately $195-$210. Fee waivers available for indigent filers.

Kansas imposes a 60-day waiting period from the date of filing before a divorce decree can be entered, unless waived by the court.

Three grounds: (1) incompatibility — the no-fault ground, simply meaning the parties cannot get along; (2) failure to perform a material marital duty or obligation; (3) incompatibility by reason of mental illness or mental incapacity of one or both spouses.

Kansas divides property equitably (not necessarily 50/50). Notably, ALL property is subject to division — including property owned before marriage and gifts/inheritances. Factors: age of parties, duration of marriage, property owned, present and future earning capacities, time/source/manner of acquisition, family ties, maintenance allowance, dissipation of assets, and tax consequences.

Custody is determined by best interests of the child. Factors include: each parent's role before separation, desires of parents and child, interaction/relationships, child's adjustment to home/school/community, willingness of each parent to respect the bond with the other parent, evidence of domestic abuse, and whether a parent resides with a registered offender. No presumption favoring either parent.

Kansas uses an income shares model. Child support guidelines are set by Supreme Court administrative order and are presumptively correct. Support is based on combined parental income, with each parent's share proportional to their income. Adjustments for childcare, health insurance, and extraordinary expenses.

The court may award maintenance in an amount found to be fair, just, and equitable. Judges may not order maintenance for longer than 121 months (about 10 years). Parties may agree to a longer period. Payment may be lump-sum, periodic, or a percentage of earnings. Factors: age, earning capacity, marriage duration, property, needs, and overall financial resources.

Kansas's Protection From Abuse Act allows victims of domestic violence to obtain orders restraining the abuser from contact, granting exclusive possession of the residence, awarding temporary custody, and ordering the abuser to provide alternative housing. Violations are criminal offenses. Related: Protection From Stalking Act (K.S.A. § 60-31a01 et seq.).