Kansas Law Summary: Filing and Legal Grounds for Divorce

This summary will include information on the filing process for a divorce, marriage counseling laws, and an overview of the legal grounds for a divorce in Kansas.

Termination of marriage in Kansas is referred to as a Divorce.

Residency Requirement:
To file for divorce in Kansas, either party must be an actual resident of the state for the 60 days immediately preceding the filing of the Petition.

The district court shall grant a decree of divorce for any of the following grounds:

1. Incompatibility

2. Failure to perform a material marital duty or obligation

3. Incompatibility by reason of mental illness or mental incapacity by one or both spouses


The Petitioner may file the Petition for Divorce and a Domestic Relations Affidavit in the District Court of the county where either party lives. After being served, the Respondent may answer and may also file a counterclaim for divorce, annulment or separate maintenance.

An action for divorce shall not be heard until 60 days after the filing of the Petition unless the judge enters an order declaring the existence of an emergency. Upon finding that an emergency exists, the divorce and all relevant issues may be heard immediately.

Marriage Counseling:
After the filing of the pleading by the Respondent, the court, on its own motion or upon motion of either of the parties, may require both parties to seek marriage counseling services if available within the judicial district. Neither party shall be required to submit to marriage counseling provided by any religious organization of any particular denomination.

If you are in need of a Divorce attorney in Kansas call us today at 855-805-0595 to set up a consultation with one of our attorneys. If you want more information on Divorce and Family Law in Missouri, Illinois, Kansas, or Oklahoma visit the link above.