Divorce in Kansas: Laws, Process, and What You Need to Know (2026)

Q: Can I get alimony in Kansas?

Yes, Kansas courts can award spousal maintenance the Kansas term for alimony when one spouse demonstrates financial need. The court considers factors such as the length of the marriage, each spouse's age and health, earning capacity, and financial resources. Kansas law limits maintenance to a maximum of 121 months, and courts focus on the requesting spouse's ability to become self-sufficient.

Introduction

Kansas recognizes common law marriage, which means couples who hold themselves out as married without a formal ceremony may still need to go through the divorce process. The state uses equitable distribution and considers both fault and no-fault grounds.

Kansas is an equitable distribution state for property division purposes. For an overview of how this system works, see our guide to property division. Understanding how Kansas handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in Kansas, you must meet the state's residency requirements: 60 days residency. This means at least one spouse must have lived in Kansas for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

Kansas allows both no-fault and fault grounds for divorce. No-fault: incompatibility. Fault grounds include failure to perform a material marital duty and incompatibility due to mental illness. While most divorces proceed on no-fault grounds, filing on fault grounds can sometimes affect alimony or property division outcomes.

Property Division

Kansas follows the equitable distribution approach to dividing property in a divorce. Under this system, the court divides marital property fairly, though not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and any dissipation of assets.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in Kansas:

Length of marriage
Age and health
Earning capacity
Financial resources
Time needed for education/training

In Kansas, alimony is referred to as "spousal maintenance." Limited to 121 months. Courts consider the requesting spouse's ability to become self-sufficient.

For a comprehensive overview of alimony types and negotiation strategies, see our alimony and spousal support guide. The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

Kansas uses the Income Shares model for calculating child support, based on combined gross income of both parents.

See our child support guide for a detailed explanation of calculation models and modification rules. Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

Kansas courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including Kansas, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is not required in Kansas, though it is often encouraged.

Filing Fees and Costs

Filing fees for divorce in Kansas typically range from $150-$200, though exact amounts vary by county. Additional costs may include:

Attorney fees (if you hire a lawyer)
Mediation or alternative dispute resolution fees
Process server or publication fees
Costs for financial experts or appraisers (in complex asset cases)
Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

Waiting period: 60 days after filing
Common law marriage: Kansas recognizes common law marriage, which means unmarried couples who meet certain criteria may need to formally divorce.

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About Kansas Divorce

Is Kansas a community property state?

No, Kansas is not a community property state. Kansas follows the equitable distribution model, which means the court divides marital property in a manner that is fair and just, but not necessarily equal. The judge has discretion to weigh factors such as each spouse's contributions, economic circumstances, and the duration of the marriage when determining how to split assets and debts.

How is property divided in a Kansas divorce?

In Kansas, marital property is divided through equitable distribution. The court considers factors including each spouse's economic circumstances, contributions to the marriage (including homemaking), the length of the marriage, and whether either spouse dissipated marital assets. Property owned before the marriage, along with gifts and inheritances received individually, is generally treated as separate property and excluded from division.

How long does a divorce take in Kansas?

A Kansas divorce takes a minimum of 60 days from the date of filing due to the mandatory waiting period. An uncontested divorce where both parties agree on all terms can often be finalized shortly after the waiting period ends. Contested divorces involving disputes over property, custody, or support can take six months to over a year, depending on the complexity of the issues and court scheduling.

Can I get alimony in Kansas?

Yes, Kansas courts can award spousal maintenance (the Kansas term for alimony) when one spouse demonstrates financial need. The court considers factors such as the length of the marriage, each spouse's age and health, earning capacity, and financial resources. Kansas law limits maintenance to a maximum of 121 months, and courts focus on the requesting spouse's ability to become self-sufficient.

What are the grounds for divorce in Kansas?

Kansas allows both no-fault and fault-based grounds for divorce. The no-fault ground is incompatibility, meaning the spouses simply cannot get along. Fault grounds include failure to perform a material marital duty and incompatibility due to mental illness. Most Kansas divorces are filed on the no-fault ground of incompatibility, as it does not require proving wrongdoing.

What are the residency requirements for divorce in Kansas?

To file for divorce in Kansas, at least one spouse must have been a resident of the state for a minimum of 60 days before filing. The divorce petition is typically filed in the district court of the county where either spouse resides. There is no requirement that both spouses live in Kansas.

How much does a divorce cost in Kansas?

Filing fees for a Kansas divorce typically range from $150 to $200, depending on the county. An uncontested divorce handled without attorneys can cost under $500 total. However, contested divorces with attorney representation typically cost $5,000 to $15,000 or more per spouse, depending on the complexity of issues like property division, custody disputes, and whether trial is necessary.

Does Kansas recognize common law marriage?

Yes, Kansas is one of a small number of states that still recognizes common law marriage. If a couple holds themselves out as married, lives together, and intends to be married, they may be considered legally married under Kansas law even without a formal ceremony or marriage license. This means common law spouses must go through the formal divorce process to legally end their relationship.

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