Kansas Divorce FAQ — Most Common Questions (2026)

The Basics

What does "incompatibility" mean as a divorce ground? Incompatibility is Kansas's no-fault ground for divorce under K.S.A. § 23-2701. It means the marriage relationship has broken down and there is no reasonable likelihood of reconciliation. You do not need to prove fault or wrongdoing by either party.

Can the 60-day waiting period really be waived? Yes. If both parties agree, Kansas courts may waive the 60-day waiting period. This is one of Kansas's most useful features for cooperative divorces. The procedure varies by county — some courts accept a mutual waiver in the Joint Petition; others use a separate form. Check with your District Court clerk.

Can I file alone if my spouse agrees? Yes. An Individual Petition requires service on the Respondent. However, you can also file a Joint Petition — both spouses sign as co-petitioners, no service required. The Joint Petition is simpler and faster.

What is Kansas's term for alimony? Kansas uses the term "maintenance" — not alimony or spousal support. Courts consider length of marriage, each party's property, earning capacity, health, and other factors. There is no fixed formula.

Property and Finances

Is Kansas a 50/50 state? No. Kansas is an equitable distribution state. The court divides marital property fairly under K.S.A. § 23-2802 factors — not necessarily 50/50. In an agreed divorce, the Separation Agreement controls the split.

Do I have to file the Statement of Assets and Liabilities? Yes. Both parties must file this sworn financial disclosure. Forms are at kscourts.org/Resources/Self-Help-Center.

How does Kansas calculate child support? Kansas uses the income shares model — both parents' incomes are considered. You complete the Kansas Child Support Worksheet (available at kscourts.org) to determine the support amount. Both incomes, health insurance costs, and childcare costs are factored in.

Last reviewed: March 2026 | "Divorce" not dissolution | "Incompatibility" (K.S.A. § 23-2701) | 60-day wait waivable by mutual agreement | "Maintenance" not alimony | Income shares child support | Kansas Child Support Worksheet | Statement of Assets required | kscourts.org/Resources/Self-Help-Center

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.