Kansas State Divorce Records and Property Division

Posted by Kansasrecords on November 30th, 2018

What are the requirements for filing a divorce in Kansas State?

To file for a divorce in Kansas, one of the spouses must be a resident of Kansas from at least 60 days before the date of the divorce filing.
How to file for a divorce in Kansas State?

A Petition of Divorce and Domestic Relations Affidavit may be filed in the District Court of the county either of the spouses is residing.

What are the legal grounds for filing a divorce in Kansas?

1. Incompatibility;
2. Failure to perform a material marital duty or obligation; or
3. Incompatibility by reason of mental illness or mental incapacity by one or both spouses.

What is an Annulment?

An annulment is a case, where the court deems that a marriage was not legal in the first place. In Kansas, this can happen when –

1. The marriage is incestuous.
2. The marriage is forced.
3. If one of the parties is underage at the time of marriage.

How is the Divorce Finalized?

A divorce is finalized when the court awards the decree of the divorce. During the awarding of the decree, the court may give an order to restore the maiden or former name of the spouse, if requested to do so.

Property Division on Divorce in Kansas

During the divorce, the court may decide to divide the property owned either individually or jointly by the couple in the following manner –

1. Division of Property – The court will assess all the properties owned, and simply divide it between the spouses.
2. Awarding the property to one spouse and asking the other spouse to be paid a fair and just amount.
3. Ordering sale of a property and dividing the proceeds of the sale between the spouses.

The decree of divorce awarded at the end of divorce proceedings has all the details on the division of the property between the spouses and is on records.

Kansas Divorce Records

For the marriage/divorce records to be available to the public, it is necessary that the marriage or the decree of divorce undergoes a civil registration.

Marriage records are maintained at a county level. Marriage and Divorce records are organized in the following manner –

1. Before 1913 – to 1913
2. 1913 to Present.

In addition, details about marriage licenses issued in early 1913 reconciled from clerk registers, church records, and country offices are kept in Kansas Family History Library. Marriage records from pre-1920 are in the process of being collected and filed in the Family History Library.

Jason Hayes is the author of this article. For further detail about Kansas Divorce Records. Please visit the website: kansas.staterecords.org