Kansas Uncontested Divorce

This information is an overview of the uncontested Kansas divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those "do it yourself divorce" filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Kansas.

To file for a divorce in Kansas, either spouse must be a resident of the state for 60 days before filing, and the divorce may be filed in a county where either spouse lives.

Kansas is a No-Fault state, which means incompatibility. General grounds for divorce are 1) failure to perform a marital duty or obligation and 2) incompatibility due to mental illness.

Actions are filed in the District County of the county. The filing spouse is called the Petitioner; the responding spouse is called the Respondent.

Kansas permits legal separations when either spouse is a resident of the state for 60 days and under the grounds of 1) incompatibility, 2) failure to perform a marital duty or obligation, 3) incompatibility due to mental illness.

In Kansas, only one spouse need testify as to the facts in a divorce.

To file for an uncontested divorce in a marriage without children, the Petitioner must complete and file the following forms:

> A Civil Information Sheet, which identifies the parties and the type of action:

> A Petition for Divorce (without children), which identifies the parties, asserts the ground and asks the property and debt be distributed between them.

The Petitioner must notify the Respondent in one of the following three ways:

> By Waiver, wherein the Respondent signs an Entry of Appearance and Waiver of Service, or

> By Sheriff’s Service, wherein the Petitioner completes a Request and Service Instruction form (provided by the Clerk of the District Court), and the Sheriff serves the Petition and Summons on the Respondent;

> By Mail, wherein the Petitioner mails the Petition to the Respondent, Certified Mail, Return Receipt Requested, and the Petitioner signs a Return of Service form for Certified Mail, which is filed with the court clerk.

After the appropriate papers have been filed, the Petitioner contacts the court to obtain a date and time for a hearing.

At the hearing, the Petitioner presents a completed Decree of Divorce, which is signed by the judge, and completes a Certificate of Divorce, which is obtained from the clerk.

To file for an uncontested divorce in a marriage with children, the Petitioner must complete and file a Petition for Divorce (with children) and all of the forms used for a marriage with no children as well as these:

> A Parenting Plan, by which the terms and conditions of custody and visitation are established;

> A Domestic Relations Affidavit, by which the domestic situation of the couple, their finances and children are established;

> A Child Support Worksheet, by which the child support calculations are established.

After the appropriate papers have been filed, the Petitioner contacts the court to obtain a date and time for a hearing. He or she then sends a Notice of Hearing to the Respondent, Return Receipt Requested, and files the green postal card with a certificate of service.

At the hearing, the Petitioner presents a completed Decree of Divorce, which is signed by the judge, and completes a Certificate of Divorce, which is obtained from the clerk.