Kansas Divorce Records
What Are the Residency Requirements for Divorce Records in Kansas
What Are the Grounds for Divorce in Kansas?
How Much Does It Cost to File for Divorce in Kansas?
How Long Is the Waiting Period for Divorce in Kansas?
How To File for Divorce in Kansas?
Are Divorce Records Public in Kansas?
How To Get Certified Copies of a Divorce Decree in Kansas?
Divorce Settlement: Is Kansas a 50/50 State?
FAQs about the Divorce Process in Kansas

Kansas Divorce Records

At 1.9 per 1,000 persons, Kansas has the fourth lowest divorce rate in the United States. This figure is lower than the national average of 2.4 per 1,000, indicating that couples in Kansas are less likely to divorce. The local divorce rate in the state also varies by ethnicity, with African Americans being more likely to divorce while Asian couples are less likely to divorce.

Kansas divorce records include all legal documents generated during divorce proceedings in the state. These records are created and maintained by the state's District Courts. There are three types of divorce records in Kansas:

Divorce Decree: This document details the terms, conditions, and finalization of a divorce.
Divorce Certificate: This document specifically states that divorce has occurred between two parties.
Separation Agreement: This outlines the terms agreed upon by both parties involved in the divorce and is typically filed as part of the divorce proceedings.

Kansas divorce records are considered public and available for inspection. However, certain records are considered confidential and exempt from public disclosure.

What Are the Residency Requirements for Divorce Records in Kansas

K.S.A. Chapter 23 (specifically section 2703) outlines the residency requirements for divorces in Kansas. According to this law, you may file a divorce if you have lived in the state for at least 60 days. However, if your spouse is also a state resident, you may file a divorce petition.

What Are the Grounds for Divorce in Kansas?

In Kansas, divorces can be filed as either a fault or no-fault divorce:

Fault Divorce: this type of divorce is filed when one spouse is considered at fault for the other seeking a divorce. Fault divorce may be contested (the other party disagrees) or uncontested (both parties agree with everything filed). Chapter 23, section 2701 of the K.S.A outlines grounds for filing a fault divorce, including:
- Failure to perform marital duty
- Mental illness
Note that the spouse filing the petition in this type of divorce has to prove the specific ground for doing so.
No-Fault Divorce: In this type of divorce, both parties seek to end their marriage without blame. In Kansas, no-fault divorces are also known as divorces due to incompatibility. The court only needs to determine that the couple is incompatible for divorce to be granted.

How Much Does It Cost to File for Divorce in Kansas?

Filing for divorce in Kansas costs around $173, excluding additional costs usually involved in the divorce process. These additional costs may include:

Counseling fees
Property division
Attorney fees
Parenting/Co-parenting classes
Joint debts

The average total cost of a divorce in Kansas is about $8,000. This is lower than the national average of $9,970 and neighboring Missouri, where the average cost of divorce is as high as $10,000.

How Long Is the Waiting Period for Divorce in Kansas?

Kansas imposes a 60-day waiting period between filing for a divorce and finalizing it. This applies even in uncontested divorce, where both parties reach an agreement concerning all the issues in the divorce. However, depending on the unique circumstances of each divorce case, a divorce judgment may not be granted even after the 60-day waiting period. In an emergency, a judge may waive the waiting period.

How To File for Divorce in Kansas?

Filing for divorce in Kansas typically begins with determining your eligibility and the type of divorce you wish to file for. The forms and procedure for filing a divorce in Kansas depend on whether you and your spouse have children below the legal age. Generally, the divorce process in Kansas includes:

Filing either a divorce petition without children or a petition with children alongside an affidavit with the District Court in your county. Your petition must be signed and stamped with the date the Clerk of the District Court received it.
After filing the petition, you must notify your spouse that you have filed a divorce petition. Your spouse must get copies of the stamped petition and summons one of the following ways:
- Personal service
- Sheriff service
- Service by certified mail
- Service by publication
Your spouse may respond to the petition and file a counterclaim for divorce. If a counterclaim is filed, it shall be subject to the provisions of subsections (a), (b), and (c) of K.S.A. 23-2704.
If you are filing a divorce with minor children, you also have to file a parenting plan and child support worksheet
After receiving the petition and response, the court may require both parties to seek marriage counseling on their own or in response to the request made by one party.
The court will schedule a trial to listen to both parties present their case.
Note that there is a 60-day waiting period between filing for a divorce and finalizing the divorce in Kansas.

For more information concerning the divorce process in Kansas, visit the state's judicial council divorce page.

Are Divorce Records Public in Kansas?

According to the Kansas Open Records Act, divorce records are considered open and available for inspection in Kansas. However, some records are confidential and are sealed on request or state statute. Confidential divorce records include but are not limited to:

All records containing personal information of a minor
Records about parental rights
Documents filed by Child Protective Services
Mental health records
Tax records

To access confidential court records in Kansas, the requester may have to obtain a valid court order issued by a judge.

How To Get Certified Copies of a Divorce Decree in Kansas?

In Kansas, a divorce decree refers to all documents that contain details of the finalization of divorces in the state. Unlike a divorce certificate that includes only basic information about the parties and the divorce date, a decree details the entire divorce settlement. Certified copies of divorce decrees are obtained from the Clerk of the District Court in the county where the divorce was filed. You may obtain a certified divorce decree in person or by any other option your local District Court offers. A certified copy of the divorce decree costs $20 in Kansas.

Divorce Settlement: Is Kansas a 50/50 State?

Per K.S.A Chapter 23 (specifically Section 2711), the state adopts an equitable approach to dividing property in a divorce. This is unlike the 50/50, where the couple's property is split equally. An equitable approach allows the court to divide the property fairly and impartially. In dividing property, the court considers the following factors:

The age of the parties
The duration of the marriage
Both parties present and future earning capacity
The time, source, and manner of acquisition of property
The tax consequences of the property division
Dissipation of assets

FAQs about the Divorce Process in Kansas

Here are answers to frequently asked questions about the divorce process in Kansas.

How Do I Modify a Divorce Decree in Kansas?

In Kansas, you may modify divorce judgments concerning child support, child custody, and alimony. To do so, you must file a motion to modify stating the reasons and facts that support the need for a modification. You may be required to serve your spouse documents about your motion if they do not agree to the modification. If both parties do not agree to the modification, the court will schedule a court hearing where the necessary evidence supporting or refuting the modification will be presented by both parties. If after reviewing the evidence, the court determines that there is a need for modification, your motion will be granted.

How Do I Enforce a Divorce Decree in Kansas?

If your ex-spouse fails to comply with the divorce decree, you may involve the court to ensure they obey the court order. There are several steps you must follow to get a court to enforce a divorce decree:

File a motion to enforce and a notice of hearing
Serve your spouse the documents at least 8 days before the hearing. Once they respond, you must complete a certificate of service
File the certificate of service and wait for the hearing
Attend the hearing for judgment

What Are the Restrictions to a Divorce Decree in Kansas?

Kansas Family Law Code makes provisions for the modification of judgment concerning child support, child custody, and alimony. Court decisions concerning property and debt division are considered final and almost impossible to modify.

Can I Efile My Divorce in Kansas?

Yes, Kansas offers an electronic filing system that allows the submission of divorce petitions online. However, you must be a registered attorney in the state to use this system. If you wish to file your divorce petition yourself, consider visiting the District Court in your county in person. To file online, users are required to register and create a profile on the system.

How Do You Serve Divorce Papers in Kansas?

There are primarily four ways to serve your spouse divorce papers in Kansas and they include:

Voluntary Entry of Appearance: here, your spouse signs a voluntary entry of appearance form in front of a notary public, acknowledging that they are aware of and have received the divorce petition.
Sheriff Service: here, the court clerk issues a summons and asks a sheriff to deliver it on your behalf. You must complete a request for service form asking a sheriff to deliver your petition. Note that you will be charged a service fee.
Certified Mail Service: This option allows you to deliver divorce papers to your spouse using certified mail. The U.S. postal service will send you a return receipt card when they provide the documents to your spouse. You must file the return receipt card with the Clerk of the District Court where you filed the case.
Service by Publication: This option is used when you cannot find or locate your spouse. You can serve divorce papers by publishing a divorce notice in local newspapers.

Does Kansas Mandate Couples to Participate in Divorce Mediation or Counseling?

Kansas does not impose mandatory counseling or mediation for divorce. However, after a defendant responds to a divorce petition, the court may require both parties to seek counseling or participate in mediation on its own or upon request by either party. The cost of any counseling authorized by the court is included in the total cost of the divorce case.

How Do I Seal My Divorce Records in Kansas?

To seal your divorce records in Kansas, you must file a motion to seal. The motion must explain what record you want to seal and why. Upon reviewing the motion, the court will schedule a hearing. The court will seal the case files and records if it determines that it is best to exempt a record from public disclosure.

How Does Kansas Calculate Alimony?

There is no specific formula for calculating alimony in Kansas. However, the court ensures that the amount awarded as alimony is fair, just, and equitable under all circumstances. In making a decision, the court considers the following factors:

The length of the marriage
The age and health of the couple
The income, employment, and employability of both parties
Each party's contribution to the marriage
Lost economic opportunities due to the marriage

Alimony can be paid in a lump sum, periodically, or based on a percentage of earnings. Once awarded, alimony can be modified or terminated under the following situations:

The death of either spouse
The receiving spouse remarries
Serious health issues

How Do I Access Historic Records in Kansas?

Divorce records are an important source of information during genealogical research. These records typically provide information about old family members, the date of their divorce, and if they had children. Kansas has been keeping divorce records since 1951. During this period, divorce records were only available at the state's District Courts. However, since 1951, these records have also been maintained by the Kansas Department of Health. To access divorce records for genealogical research, you may either visit the District Court that handled the divorce or the Kansas Department of Health.