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Divorce Process in Kansas

Guide to Divorce Process in Kansas

The divorce process in Kansas is fairly similar to the laws and procedures within most other states.  If a divorce is uncontested, the divorce process in KS is fairly straightforward and less stressful for the parents, children, and rest of the family.  A family law attorney usually makes an uncontested divorce process in Kansas as easy as possible as well.  Your lawyer will guide you through multiple steps, but he or she will also need any number of items and information.  

Step 1

The first step for uncontested divorce in the state of Kansas and all other states includes filing the petition.  The state of Kansas requires both the petitioner and respondent to reside within the county for at least 60 days before a petition is officially filed.  

Step 2

The second step of the divorce process in Kansas is to serve the respondent.  There are numerous ways in which a respondent can be served a petition.  The majority of uncontested divorces result in the respondent signing an Entry of Appearance form, but a petition can be served two other ways.  First, a sheriff may deliver a petition to the other spouse, or a private process server may deliver the form.  

Step 3

Within Kansas, there must be a 60-day waiting period between the signing of a petition and the settlement hearing.  A family law attorney becomes essential during this period in the divorce process in KS because they will help write up an agreement that divides the following:

• Liabilities and assets within property division

• Child custody and support

• Spousal Support

• Maintenance 

Your lawyer may draft several different settlement agreements, and they will probably ask you to provide the following:

• Information on each spouse’s commitment and responsibility for the mortgage

• Car titles and loans within either spouse’s name

• Bank accounts, names of banks, and how each bank account may be split up 

• Retirement accounts such as a 401-K or IRA, how each will be divided, and where they are held

• The amount of inheritance each spouse is entitled to 

• Life insurance policies

• Credit card(s) information including name of card and how much is owed on each card by each spouse

• Medical bills, student loans, and any number of other liabilities

• Child support based on the software approved by the Judicial Court

Step 4

At least one, and in many cases, both of the spouses, must attend a final hearing in front of judge.  Not all judges require a formal hearing for the finalization of the divorce, but most do within Kansas.  The judge will ask at least one spouse to testify, and the judge will also make sure each party understands the settlement agreement with utmost confidence.  

Step 6

The final step in the divorce process in Kansas includes filing the Decree and Certificate of Divorce.  A judge will sign the decree at the final hearing which is then filed with the Kansas Civil Records Department.  A Certificate of Dissolution will also be filed and sent to the Office of Vital Statistics in Topeka.  

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