Divorce in Kansas

Kansas is known as “The Sunflower State,” but it may take on the namesake “The JayHawker State” when faced with an unpleasant divorce case. Termination of marriage in Kansas is legally called Divorce.

Filing for divorce in Kansas requires either party to have been an actual resident of Kansas for at least 60 days immediately preceding the filing.1

Kansas is both a no-fault and fault divorce state. A Kansas no-fault divorce may be granted on the grounds of incompatibility. Fault-based reasons include:

  1. Failure to perform marital duty;
  2. Incompatibility by cause of mental illness or mental incapacity.2

Kansas is an equitable distribution property state, and assets acquired during and prior to the marriage can be subject to division following divorce. Kansas divorce laws don’t divide marital property equally but attempt to arrive at a result that is believed to be fair and equitable. The courts might consider a partner’s economic misconduct during judgment.3

1K.S.A. § 23-2703

2K.S.A. § 23-2701(a)

3K.S.A. § 23-2802