Kansas Divorce Law

Divorce – State Law Summary – Kansas

Notes: This summary is not intended to be an all-inclusive summary of the laws of divorce in the State of Iowa, but does contain basic and other procedures.

Kansas law permits no-fault divorces based upon incompatibility of the parties. Additional grounds include failure to perform a material marital duty or obligation, and incompatibility of the parties due to metal defect.  KSA 23-2701

Residency requirements
Kansas law requires that at least one of the spouses must be a resident of the state for a minimum of sixty (60) days immediately prior to the filing of the petition for divorce.  KSA 23-2703

The petition for divorce may be filed in the county where either party resides.  KSA 23-2703

Legal separation
Kansas law permits a judgment of separation. The grounds for legal separation are the same as for a decree of divorce.  KSA 23-2712





At any time prior or subsequent to the alteration of the parties’ marital status the court may order that any party or parties and any of their children be interviewed by a psychiatrist, licensed psychologist or other trained professional in family counseling, approved by the court, for the purpose of determining whether it is in the best interests of any of the parties’ children that the parties and any of their children have counseling regarding matters of legal custody, residency, visitation or parenting time. The court shall receive the written opinion of the professional, and the court shall make the opinion available as provided by K.S.A. 2011 Supp. 23-3210, and amendments thereto. Any professional consulted by the court under this section may be examined as a witness. If the opinion of the professional is that counseling is in the best interests of any of the children, the court may order the parties and any of the children to obtain counseling. Neither party shall be required to obtain counseling pursuant to this section if the party objects thereto because the counseling conflicts with sincerely held religious tenets and practices to which any party is an adherent.  KSA 23-3510

Name change
The court, upon granting a final judgment of divorce, may allow a party to resume the use of their former name.  KSA 23-2716

Inside Kansas Divorce Law