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Kansas Uncontested Divorce Online  
  Before you start completing your uncontested divorce forms with us, please read all the requirements for Kansas divorce. Make sure that your situation matches all the requirements. Kansas Uncontested Divorce online  
 

Requirements for Kansas Divorce

(Kansas Statutes Annotated; Chapter 60, Article 16) 		 
 

RESIDENCY REQUIREMENTS:

At least one party must have been a resident of the state of Kansas for 60 days immediately preceding the filing of the petition.
 
Military residence. Any person who has been a resident of or stationed at a United States post or military reservation within the state for 60 days immediately preceding the filing of the petition may file an action for divorce in any county adjacent to the post or reservation. (Kansas Statutes Annotated, Chapter 60, Article 1603)

GROUNDS FOR DIVORCE:

The district court shall grant a decree of divorce or separate maintenance for the any of the following grounds:
  1. Incompatibility;
  2. Failure to perform a material marital duty or obligation; or
  3. Incompatibility by reason of mental illness or mental incapacity of either party.
(Kansas Statutes Annotated, Chapter 60, Article 1601)

WHERE TO FILE :

Petitions for dissolution of marriage shall be filed to District Court for the _________ County, Kansas. All pleadings shall be captioned, "In the matter of the marriage of _ __ and ______." In the caption, the name of the petitioner shall appear first and the name of the respondent shall appear second.
 
An action for divorce shall not be heard until 60 days after the filing of the petition unless the judge enters an order declaring the existence of an emergency, (Kansas Statutes Annotated, Chapter 60, Article 1608)
 
Marriage counseling: After the filing of the answer or other responsive pleading by the respondent, the court, on its own motion or upon motion of either of the parties, may require both parties to the action to seek marriage counseling if marriage counseling services are available within the judicial district of venue of the action. Neither party shall be required to submit to marriage counseling provided by any religious organization of any particular denomination.
 
Cost of counseling. The cost of any counseling authorized by this section may be assessed as costs in the case. (Kansas Statutes Annotated, Chapter 60, Article 1608)

CHILD CUSTODY & SUPPORT:

The court shall determine custody or residency of a child in accordance with the best interests of the child. The court will try to minimize the emotional distraction to a child caused by divorce.
 
Regardless of the type of custodial arrangement ordered by the court, the court may order the child support and education expenses to be paid by either or both parents for any child less than 18 years of age, at which age the support shall terminate unless:
  1. The parent or parents agree, by written agreement approved by the court, to pay support beyond the time the child reaches 18 years of age;
  2. the child reaches 18 years of age before completing the child's high school education in which case the support shall not terminate automatically, unless otherwise ordered by the court, until June 30 of the school year during which the child became 18 years of age if the child is still attending high school; or
  3. the child is still a bona fide high school student after June 30 of the school year during which the child became 18 years of age, in which case the court, on motion, may order support to continue through the school year during which the child becomes 19 years of age so long as the child is a bona fide high school student and the parents jointly participated or knowingly acquiesced in the decision which delayed the child's completion of high school. (Kansas Statutes Annotated, Chapter 60, Article 1610)
Subject to the provisions of the uniform child custody jurisdiction and enforcement act (K.S.A. 38-1336 through 38-1377, and amendments thereto), the court may change or modify any prior order of custody, residency, visitation and parenting time, when a material change of circumstances is shown, but no ex parte order shall have the effect of changing residency of a minor child from the parent who has had the sole de facto residency of the child to the other parent unless there is sworn testimony to support a showing of extraordinary circumstances. If an interlocutory order is issued ex parte, the court shall hear a motion to vacate or modify the order within 15 days of the date that a party requests a hearing whether to vacate or modify the order.
 
In determining the issue of child custody, residency and parenting time, the court shall consider all relevant factors, including but not limited to:
  1. The length of time that the child has been under the actual care and control of any person other than a parent and the circumstances relating thereto;
  2. the desires of the child's parents as to custody or residency;
  3. the desires of the child as to the child's custody or residency;
  4. the interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child's best interests;
  5. the child's adjustment to the child's home, school and community;
  6. the willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent;
  7. evidence of spousal abuse;
  8. whether a parent is subject to the registration requirements of the Kansas offender registration act, K.S.A. 22-4901, et seq., and amendments thereto, or any similar act in any other state, or under military or federal law;
  9. whether a parent has been convicted of abuse of a child, K.S.A. 21-3609, and amendments thereto;
  10. whether a parent is residing with an individual who is subject to registration requirements of the Kansas offender registration act,
  11. whether a parent is residing with an individual who has been convicted of abuse of a child, K.S.A. 21-3609, and amendments thereto.

DIVISION OF PROPERTY:

The decree shall divide the real and personal property of the parties, including any retirement and pension plans, whether owned by either spouse prior to marriage, acquired by either spouse in the spouse's own right after marriage or acquired by the spouses' joint efforts, by:
  1. A division of the property in kind;
  2. awarding the property or part of the property to one of the spouses and requiring the other to pay a just and proper sum; or
  3. ordering a sale of the property, under conditions prescribed by the court, and dividing the proceeds of the sale (Kansas Statutes Annotated, Chapter 60, Article 1610).
The decree shall provide for any changes in beneficiary designation on:
  1. Any insurance or annuity policy that is owned by the parties, or in the case of group life insurance policies, under which either of the parties is a covered person;
  2. any trust instrument under which one party is the grantor or holds a power of appointment over part or all of the trust assets, that may be exercised in favor of either party; or
  3. any transfer on death or payable on death account under which one or both of the parties are owners or beneficiaries. (Kansas Statutes Annotated, Chapter 60, Article 1610).

SEPARATION AGREEMENT:

If the parties have entered into a separation agreement which the court finds to be valid, just and equitable, the agreement shall be incorporated in the decree. A separation agreement may include provisions relating to a parenting plan. The provisions of the agreement on all matters settled by it shall be confirmed in the decree except that any provisions relating to the legal custody, residency, visitation parenting time, support or education of the minor children shall be subject to the control of the court in accordance with all other provisions of this article.
 
Matters settled by an agreement incorporated in the decree, other than matters pertaining to the legal custody, residency, visitation, parenting time, support or education of the minor children, shall not be subject to subsequent modification by the court except as prescribed by the agreement or as subsequently consented to by the parties.
 
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