Kansas Divorce Filing Checklist 2025

Filing for divorce in Kansas requires navigating two distinct 60-day requirements: one spouse must have been a Kansas resident for 60 days before filing, and you must wait 60 days after filing before finalizing your divorce. Kansas handles all divorces through its Kansas District Court system, with filing fees ranging from $173 to $197 depending on your county's local surcharges. The state's most common divorce ground is incompatibility—a straightforward no-fault option where only ONE spouse must claim the marriage is incompatible. Kansas offers the free Kansas Judicial Council divorce packets for both cases with and without children, plus Kansas Legal Services interactive forms for simple cases. Understanding K.S.A. 23-2703 (residency), the 60-day cooling-off period, and the Voluntary Entry of Appearance option will help you navigate Kansas's divorce process efficiently. For general guidance on how the divorce process works, see our comprehensive overview. This Kansas divorce filing checklist covers every essential step for 2025.

60-Day Residency Requirement

Kansas requires that either the petitioner or respondent must have been an actual resident of Kansas for 60 days immediately before filing the divorce petition. Under K.S.A. 23-2703, "actual resident" means bona fide residence—you must genuinely live in Kansas with the intent to remain, not just visit temporarily.

Military servicemembers stationed in Kansas for at least 60 days meet this residency requirement, as do their spouses who live with them in the state.

For venue (which county to file in), you may file in the county where you reside, where the respondent resides, or where the respondent can be served. If you're a servicemember stationed in Kansas, you can file in any county adjacent to your post. All divorces are filed in Kansas District Court for your chosen county.

Mandatory 60-Day Waiting Period

Kansas law imposes a mandatory 60-day waiting period after you file your petition before the court can grant a divorce decree. This is a completely separate requirement from the 60-day residency rule—you need BOTH to finalize your divorce.

Under K.S.A. 23-2708, no divorce hearing may occur until 60 days after filing unless the court issues a written emergency order stating specific facts, evidence, and witnesses justifying immediate action. Such waivers are granted sparingly—only for genuine emergencies.

This cooling-off period is designed to give couples time to reconcile or reach settlement agreements. Even in uncontested cases where both spouses fully agree, you must wait the full 60 days.

Grounds for Divorce

Kansas recognizes three statutory grounds for divorce, but one dominates modern practice:

No-Fault Option: Incompatibility

Under K.S.A. 23-2701, incompatibility is the most common divorce ground in Kansas. This is a true no-fault approach—you simply state that you and your spouse are incompatible and can no longer continue the marriage.

The key advantage: only ONE spouse must claim incompatibility. Even if your spouse disagrees and claims you're still compatible, the court must grant the divorce based on your claim alone. You don't need to prove fault, wrongdoing, or specific facts—just that the marriage has broken down.

Other Grounds (Rarely Used)

Kansas law also allows divorce for:

• Failure to perform a material marital duty or obligation
• Incompatibility by reason of mental illness or mental incapacity of one or both spouses (requires medical findings and, in some cases, proof of institutionalization)

These grounds are rarely chosen because they complicate and lengthen the case. Your petition must state grounds "in the general language of the statute" and must be verified (signed under oath).

Filing Options: Uncontested vs. Contested

Kansas offers several divorce tracks depending on whether spouses agree:

Uncontested by Agreement

If both spouses sign a separation agreement covering all issues (property, debts, maintenance, and parenting if applicable), you can proceed on an uncontested track. Under K.S.A. 23-2712, if the court finds the agreement valid, just, and equitable, it must incorporate it into the decree. This is the fastest and least expensive path—most uncontested cases finalize within 60-90 days.

A huge time-saver: the respondent can sign a Voluntary Entry of Appearance form, waiving formal service. This eliminates the $15 sheriff service fee and saves weeks of waiting for service completion.

Default (No Response)

If the respondent is properly served but doesn't answer within 21 days (or 41+ days for service by publication), the case may proceed by default after the 60-day waiting period expires.

Contested

If spouses cannot agree on major issues, the case proceeds to temporary orders, discovery, court-ordered mediation or conciliation, pretrial conferences, and possibly trial. Kansas judges have broad authority to issue interim orders for support, custody, property use, and more. Contested cases typically run 9-18 months from filing to decree.

Required Documents and Forms

Your Kansas divorce filing checklist differs slightly depending on whether you have minor children:

With Minor Children:

• Civil Cover Sheet
• Verified Petition for Divorce (must state grounds and be signed under oath)
• UCCJEA information (5-year child address history and related disclosures)
• Domestic Relations Affidavit (DRA)
• Child Support Worksheet
• Proposed Temporary Parenting Plan (if seeking interim custody orders)
• Kansas Payment Center form
• Vital Statistics—Divorce Worksheet (for state registrar)

Without Minor Children:

• Civil Cover Sheet
• Verified Petition for Divorce
• Domestic Relations Affidavit (DRA)
• Vital Statistics—Divorce Worksheet

Access free, fillable packets from the Kansas Judicial Council. These packets include all required forms for both divorce types, plus instructions. Kansas Legal Services also offers interactive forms that auto-fill based on your answers.

E-Filing vs. Paper Filing

Kansas has different filing rules for attorneys and self-represented litigants:

Attorneys: Kansas-licensed attorneys MUST e-file through the statewide Kansas eCourt eFiling system.

Self-Represented Parties: If you're representing yourself, you generally file on paper at your District Court clerk's office. You should NOT register for the eFiling system. Check with your local clerk for specific filing procedures, hours, and any mail-in options.

Filing Fees and Costs

Kansas filing fees consist of a statewide base plus county-specific add-ons:

Statewide Base: $173 docket fee (K.S.A. 60-2001)

County Add-Ons:

• Johnson County: approximately $197 total (includes $22 Supreme Court surcharge that was authorized through June 30, 2025, plus $1.50 law library fee)
• Other counties may have different local fees for law libraries or other purposes

Always confirm the current total with your District Court clerk before filing, as surcharge authority may have expired or county fees may have changed.

Additional Costs:

• Sheriff service of process: $15 per process
• Publication service (if respondent cannot be located): varies by newspaper
• Parent education classes (if minor children): typically $50-$75 per parent (required in many counties)
• Mediation fees: varies by provider (court may allocate costs)

If you cannot afford the filing fee, file a Poverty Affidavit (in forma pauperis) requesting a waiver or deferral. The judge decides whether to grant your request.

Child Custody Considerations

Kansas uses the child's best interests standard under K.S.A. 23-3201 to decide custody, residency, and parenting time. The statute lists numerous factors courts consider, including each parent's role, the child's needs and preferences (if sufficiently mature), relationships with both parents, adjustment to home/school/community, ability to foster the child's relationship with the other parent, any history of domestic abuse, and practical considerations like work schedules and geography.

Kansas requires both temporary and permanent parenting plans. These plans must at minimum designate legal custody, set a residential schedule (as appropriate for the child's age), and provide a method to resolve disputes. Detailed plans typically address holidays, exchanges, communication, relocation procedures, and information-sharing.

Child support follows the Kansas Child Support Guidelines (effective May 1, 2025). Parties must file the DRA and Child Support Worksheet with any request for support. Payments are processed through the Kansas Payment Center (KPC) by default.

Many Kansas counties require parent education classes before finalizing custody arrangements. For example, Johnson County mandates the Parents Forever course ($50-$75). Courts may also order mediation before allowing a contested custody hearing.

Financial Planning for Your Kansas Divorce

Understanding your complete costs helps you budget appropriately. Beyond the $173-$197 filing fee, expect potential costs for service ($15), parent education ($50-$75 if children), mediation (if contested), and attorney fees (if you choose representation). Learn more about reducing divorce expenses through smart planning. Use our divorce cost calculator below to estimate Kansas-specific expenses:

Conclusion

This Kansas divorce filing checklist provides your roadmap for 2025. Kansas's dual 60-day requirements (residency before filing, waiting period after filing) and straightforward incompatibility no-fault ground create a clear structure. The Kansas Judicial Council's free divorce packets and the Voluntary Entry of Appearance option simplify uncontested cases, allowing many couples to finalize within 60-90 days for under $200 in court costs.

Use the divorce cost calculator above to plan financially, download official forms from the Kansas Judicial Council website, and remember that only one spouse must claim incompatibility for Kansas courts to grant the divorce. For complex cases involving significant assets, contested custody, or business interests, consult a Kansas family law attorney for personalized guidance.