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Residency Requirements

At least one member of the separating couple must have been a resident of Kansas for at least 60 days before he or she files for divorce, and to insure no-fault, he or she must explain the basis for filing under the ground of incompatibility.

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To begin the action for divorce, one spouse must file a Petition for Divorce in either their own or their spouse's County District Court. The spouse who files the initial petition is called the Petitioner, and the other spouse is now called the Respondent. Once the Petitioner has filed the Petition for divorce and any other necessary forms (the other forms for service change from county to county), he or she must then serve these forms on the Respondent. Once the Respondent has been served, he or she must then file a response with the same court. Once this response has been filed, the couple must wait 60 days before they can go to trial.

60 Day Waiting Period and the Decree of Divorce


During the mandated 60 day waiting period the Petitioner and Defendant are encouraged to work out an agreement to avoid going to trial, or to make trial smoother. Once the 60 day waiting period has passed, both the Petitioner and Respondent must present their claims, and the judge will split up debts, property, child custody and any other type of support or marital asset in as equitable as fashion as possible. Please remember that equitable does not mean equal, but rather that which is fair to each spouse.

A Note about Forms

If the parties have reached an agreement and they do not desire to proceed with a lengthy trial they can use RocketLawyer's easy interview process to complete a Divorce Settlement Agreement.  The Divorce Settlement Agreement facilitates the division of property, assets, debts and liabilities as well as settles matters of child support, custody and visitation.

Unfortunately because the forms for divorce are not standardized in the state of Kansas, you must go to your local County Clerk's office and receive additional forms needed for your divorce.

If you and your spouse disagree on the terms of the divorce, or you just need help with the forms, you can use RocketLawyer to Find a Lawyerwho's right for your needs.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.


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