Divorce can be a challenging process, but an uncontested divorce offers a more straightforward path if both spouses can agree on all relevant issues. In Kansas, an uncontested divorce requires meeting specific legal requirements to ensure a smooth and efficient dissolution of marriage. Here’s what you need to know about the requirements for an uncontested divorce Kansas.

Residency Requirements

Before filing for divorce in Kansas, one or both spouses must meet the residency requirements. Either the petitioner (the spouse initiating the divorce) or the respondent (the other spouse) must have been a resident of Kansas for at least 60 days immediately preceding the filing of the petition.

Agreement on Divorce Terms

In an uncontested divorce Kansas, both spouses must agree on all relevant issues, including:

  • Division of Property and Debts: Spouses must agree on how to divide their property, assets, and debts. This can include real estate, vehicles, bank accounts, investments, and any other assets or liabilities.
  • Child Custody and Parenting Time: If the spouses have minor children, they must agree on custody arrangements (legal and physical custody) and a parenting time schedule that outlines when each parent will have the children.
  • Child Support: Both spouses must agree on child support, including the amount and terms of payment. Kansas has specific child support guidelines that may be used to determine the appropriate amount.
  • Spousal Support (Alimony): If applicable, both spouses must agree on any spousal support payments, including the amount, duration, and terms of payment.

Filing the Petition

To begin the uncontested divorce process, the petitioner must file a Petition for Divorce with the district court in the county where either spouse resides. Along with the petition, the petitioner must also file a Marital Settlement Agreement (MSA) signed by both spouses, which outlines their agreements on all divorce-related issues.

Waiting Period

In Kansas, there is a mandatory waiting period of 60 days from the date the petition is filed before the court can grant the divorce. This waiting period allows both spouses time to reconsider and ensures that the decision to divorce is deliberate and not made impulsively.

Finalizing the Divorce

Once the 60-day waiting period has passed and all necessary paperwork has been filed, the court will schedule a final hearing. If everything is in order and the judge finds that the settlement agreement is fair and equitable, the court will issue a Decree of Divorce finalizing the divorce.