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Uncontested Divorce in Kensas

Requirements for an Uncontested Divorce in Kensas

To qualify for an uncontested divorce (called “dissolution of marriage”) in Kensas, the following must apply:
 

  1. Residency: 

    • Either spouse must have lived in Kansas for at least 60 days before filing.
       

  2. Grounds for Divorce 

    • Kansas allows no-fault divorce based on “incompatibility” (irreconcilable differences).

    • You do not need to prove fault.
       

  3. Full Agreement:

    To be considered uncontested, both spouses must agree on:

    • Division of assets and debts

    • Spousal support (if any)

    • Child custody, parenting time, and support (if applicable)​​

Steps to File for an Uncontested Divorce:

  1. Prepare the Required Forms

Kansas has self-help packets available from local courts or online. Forms may include:

  • Petition for Divorce

  • Civil Information Sheet

  • Domestic Relations Affidavit

  • Settlement Agreement

  • Parenting Plan and Child Support Worksheet (if you have children)

  • Decree of Divorce

    You can find forms here: Kansas Judicial Council - Divorce Forms
     

2. File the Petition

  • File the forms with the District Court Clerk in the county where either spouse resides.

  • Pay the filing fee, typically $180–$200.

  • If you can’t afford the fee, request a fee waiver using an Affidavit of Inability to Pay.



3. Serve the Other Spouse (If Not Filing Jointly)

Your spouse must be served unless they:

  • Sign an Entry of Appearance and Waiver of Service, or

  • File jointly with you


4. Wait the 60-Day Period

  • Kansas requires a 60-day waiting period from the date the divorce petition is filed before the court can finalize the divorce.

  • In emergencies or special situations, this waiting period may be waived.

5. Submit Final Paperwork

  • File a signed Settlement Agreement (covering property, debt, support, and custody).

  • File a Proposed Decree of Divorce for the judge to sign.

  • In many cases, no hearing is required if everything is complete and agreed upon.
     

6. Divorce Finalized

  • The judge reviews your case and signs the Final Decree, legally ending the marriage.

Cost Considerations

  • Filing Fee: $180–$200 (varies by county)
     

  • Service Fee: $50–$75
     

  • Attorney Flat Fee: $500–$1,200 for uncontested divorces
     

  • Online Divorce Services: $150–$350
     

  • Fee Waiver: Available for those who qualify

Important Considerations

  • With Children:

    • A Parenting Plan and Child Support Worksheet must be submitted

    • Parents may be required to complete a parenting class

    • Child support must follow Kansas Child Support Guidelines

  • Property & Debt:

    • Kansas is an equitable distribution state — marital assets and debts are divided fairly (not necessarily 50/50)

  • Legal Help Recommended:

    • Even in uncontested cases, it’s smart to have an attorney review your agreement, especially if property, debts, or children are involved

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