Kansas Uncontested Divorce Petition + Decree Filing Packet

KANSAS UNCONTESTED DIVORCE PETITION + DECREE FILING PACKET

PACKET CONTENTS

1. Residency & Eligibility Checklist
2. Petition for Divorce
3. Summons / Voluntary Entry of Appearance & Waiver
4. Domestic Relations Affidavit (DRA)
5. Child Support Worksheet (if children) — Kansas Child Support Guidelines
6. Parenting Plan (if children)
7. Property Settlement / Separation Agreement
8. Notice of Hearing / Default
9. Decree of Divorce
10. Filing & Finalization Procedure

1. RESIDENCY & ELIGIBILITY CHECKLIST

Residency (K.S.A. § 23-2703 / formerly § 60-1603)

☐ Petitioner OR Respondent has been an actual resident of Kansas for at least 60 days immediately before filing
☐ Military servicemembers stationed in Kansas for 60+ days (and their spouses) qualify

Grounds (K.S.A. § 23-2701 / formerly § 60-1601)

☐ Incompatibility (most common — only ONE spouse must claim it; court must grant if alleged)
☐ Failure to perform a material marital duty or obligation
☐ Incompatibility by reason of mental illness/incapacity (requires 2-yr confinement OR adjudication + 2-of-3 physician findings)

Venue

☐ District Court of county where Petitioner resides, OR where Respondent resides, OR where Respondent can be served
☐ Military: any county adjacent to the post where stationed

Waiting Period (K.S.A. § 23-2708)

☐ No hearing or decree until 60 days after filing (waivable only on written emergency order with specific facts/evidence)

Pre-Filing

☐ Filing fee paid (typically ~$200; varies by county) or Poverty Affidavit (Form 39-A) filed
☐ Domestic Relations Affidavit (DRA) prepared with current financial information
☐ If children: Parent Education program required in many counties (must complete within 60 days of filing)
☐ Health insurance information for children gathered

2. PETITION FOR DIVORCE

IN THE DISTRICT COURT OF [______________] COUNTY, KANSAS
DOMESTIC RELATIONS DIVISION

Case No.: [____________________]
Division: [____________________]
(Pursuant to K.S.A. Chapter 23, Article 27)

PETITION FOR DIVORCE

COMES NOW the Petitioner, [______________________________], and for cause of action against Respondent, [______________________________], states:

I. JURISDICTION AND RESIDENCY (K.S.A. § 23-2703)

1. Petitioner has been an actual resident of the State of Kansas for more than sixty (60) days immediately preceding the filing of this Petition, residing at [_____________________________________________], [______________] County, Kansas.

II. THE PARTIES

2. Petitioner: Full legal name [______________________________]; DOB [__/__/____]; last 4 of SSN [____].

3. Respondent: Full legal name [______________________________]; DOB [__/__/____]; last 4 of SSN [____]; address [_____________________________________________].

III. MARRIAGE

4. The parties were lawfully married on [__/__/____] in [_______________], [State].

5. The parties [☐ are separated since [__/__/____] / ☐ continue to reside together].

IV. CHILDREN

6. ☐ No minor children have been born to or adopted by the parties during the marriage, and Petitioner [is/is not] / Respondent [is/is not] pregnant.

☐ The following minor children have been born to or adopted by the parties:

7. The minor children have resided in Kansas with [_______________] since [__/__/____]. Kansas is the children's "home state" under the UCCJEA, K.S.A. § 23-37,201.

V. GROUNDS FOR DIVORCE (K.S.A. § 23-2701)

8. Petitioner alleges the ground of INCOMPATIBILITY in that the parties' personalities, temperaments, and goals are such that the marriage relationship cannot be continued.

VI. PROPERTY AND DEBTS (K.S.A. § 23-2802)

9. The parties have acquired marital property and debts subject to equitable division. The parties have entered into / will enter into a written Separation Agreement which they request be approved and incorporated into the Decree pursuant to K.S.A. § 23-2712.

VII. SPOUSAL MAINTENANCE (K.S.A. § 23-2902)

10. ☐ Neither party seeks spousal maintenance.
    ☐ Maintenance is addressed in the Separation Agreement.

VIII. NAME RESTORATION

11. ☐ Petitioner requests restoration of the prior name: [____________________].

IX. PRAYER FOR RELIEF

WHEREFORE, Petitioner prays for:

a. A Decree of Divorce dissolving the marriage on the ground of incompatibility;
b. Approval and incorporation of the parties' Separation Agreement;
c. Equitable division of property and debt per K.S.A. § 23-2802;
d. Orders for legal custody, residency, parenting time, and child support per the Kansas Child Support Guidelines (if applicable);
e. Restoration of Petitioner's prior name (if requested);
f. Such other and further relief as the Court deems just and equitable.

Dated: [__/__/____]

[____________________________________________]
[PETITIONER SIGNATURE]
[PRINTED NAME, ADDRESS, PHONE, EMAIL]

VERIFICATION

State of Kansas, County of [______________], ss.

I, [PETITIONER NAME], being first duly sworn, state that I have read the foregoing Petition, that the facts stated are true and correct to the best of my knowledge, information, and belief.

[____________________________________________]

Subscribed and sworn before me this [____] day of [______________], [______].

[____________________________________________]
Notary Public, State of Kansas
My commission expires: [__/__/____]

3. SUMMONS / VOLUNTARY ENTRY OF APPEARANCE AND WAIVER

Summons (K.S.A. § 60-301 et seq.)

TO: [RESPONDENT NAME]

You have been sued. You must respond by serving and filing an Answer with the Clerk of the District Court of [______________] County, Kansas, within twenty-one (21) days after service of this Summons (or sixty (60) days if served outside Kansas). If you fail to do so, judgment by default may be entered.

[____________________________________________]
CLERK OF THE DISTRICT COURT
Dated: [__/__/____]

Voluntary Entry of Appearance and Waiver of Service

I, [RESPONDENT NAME], hereby:

☐ Voluntarily enter my general appearance in this matter under K.S.A. § 60-203;

☐ Waive formal service of the Summons and Petition;

☐ Acknowledge receipt of a file-stamped copy of the Petition for Divorce;

☐ ☐ Waive my right to file an Answer and consent to entry of Decree consistent with the Separation Agreement filed herein, OR
☐ Will file an Answer within 21 days;

☐ Do not waive the 60-day statutory waiting period under K.S.A. § 23-2708 (unless this waiver is separately signed and approved by emergency court order).

Dated: [__/__/____] [____________________________________________]

(Notarization recommended.)

4. DOMESTIC RELATIONS AFFIDAVIT (DRA)

Affiant: ☐ Petitioner ☐ Respondent
Case No.: [____________________]

Section A — Personal Information

Section B — Children

Section C — Monthly Income (Affiant)

Section D — Monthly Expenses

Section E — Assets

Section F — Debts

Section G — Health Insurance Available for Children

☐ Petitioner's employer plan — monthly cost $[__________]
☐ Respondent's employer plan — monthly cost $[__________]

I declare under penalty of perjury under the laws of Kansas that the foregoing is true and correct.

Dated: [__/__/____] [____________________________________________]

(Notarized.)

5. CHILD SUPPORT WORKSHEET (Kansas Child Support Guidelines)

Payable through the Kansas Payment Center via income withholding (K.S.A. § 23-3101 et seq.).

6. PARENTING PLAN (if children) — K.S.A. § 23-3211

1. Legal Custody: ☐ Joint legal custody (presumed in best interest) ☐ Sole to [________]
2. Residential Custody: ☐ Shared residency ☐ Primary residency with [________]
3. Parenting Time Schedule: [____________________________________________________]
4. Holiday Schedule: [____________________________________________________]
5. Summer/School Break: [____________________________________________________]
6. Decision-Making: Medical [______] / Educational [______] / Religious [______]
7. Communication Between Parents: [____________________________________________________]
8. Transportation/Exchange Location: [____________________________________________________]
9. Relocation: Except when K.S.A. § 23-3222(d) applies, either parent must give notice by restricted mail, return receipt requested, not less than 30 days before changing the children's residence or removing them from Kansas for more than 90 days. K.S.A. § 23-3222(a).
10. Health Insurance: [________] shall maintain medical/dental.
11. Uncovered Medical: [____]% / [____]% allocation.
12. Tax Dependency Exemption: [____________________________________________________]

7. PROPERTY SETTLEMENT / SEPARATION AGREEMENT (K.S.A. § 23-2712)

This Separation Agreement is entered into between [PETITIONER] and [RESPONDENT] for incorporation into the Decree of Divorce.

A. PROPERTY DIVISION (K.S.A. § 23-2802)

To Petitioner:
[____________________________________________________________]

To Respondent:
[____________________________________________________________]

B. REAL PROPERTY

Marital residence at [_________________________________________] is awarded to ☐ [Petitioner] ☐ [Respondent]. Conveying deed within [____] days of decree.

C. DEBT ALLOCATION

Each party shall indemnify the other against debts allocated.

D. RETIREMENT / QDRO

☐ N/A ☐ QDRO required for [_____________ plan]; [________] shall prepare within [____] days.

E. SPOUSAL MAINTENANCE (K.S.A. § 23-2902)

☐ Both parties WAIVE maintenance, now and forever.
☐ [________] shall pay $[________]/month for [______] months (maximum statutory term: 121 months).

F. CHILD CUSTODY, SUPPORT & PARENTING TIME

See attached Parenting Plan and Child Support Worksheet, incorporated by reference.

G. NAME RESTORATION

☐ Petitioner's prior name [____________________] is restored.

H. INCOME TAX

For year [______]: ☐ Joint ☐ Married filing separately ☐ Single (decree before 12/31).

I. ENFORCEABILITY

The parties agree this Agreement is valid, just, and equitable under K.S.A. § 23-2712 and request that the Court incorporate it into the Decree.

Dated: [__/__/____] [____________________________________________] PETITIONER
Dated: [__/__/____] [____________________________________________] RESPONDENT

(Notarized.)

8. NOTICE OF HEARING / APPLICATION FOR DEFAULT

TO: [RESPONDENT NAME] / TO ALL PARTIES:

PLEASE TAKE NOTICE that Petitioner will appear before the Honorable [________________], Division [____], District Court of [______________] County, Kansas, on [__/__/____] at [____]:[____] [a.m./p.m.], for hearing on the Petition for Divorce.

Dated: [__/__/____] [____________________________________________]

(If Respondent has not answered after 21 days and 60-day waiting period has elapsed, Petitioner may file Application for Default Judgment.)

9. DECREE OF DIVORCE

IN THE DISTRICT COURT OF [______________] COUNTY, KANSAS

Case No.: [____________________]

DECREE OF DIVORCE

This matter came on for hearing on [__/__/____], more than sixty (60) days after the filing of the Petition pursuant to K.S.A. § 23-2708. Petitioner appeared [in person / by counsel]. Respondent appeared [in person / by Voluntary Entry of Appearance / not at all by default]. The Court, having reviewed the pleadings, Domestic Relations Affidavits, Separation Agreement, Parenting Plan (if applicable), Child Support Worksheet (if applicable), and the evidence, FINDS:

FINDINGS

1. The Court has jurisdiction over the subject matter and the parties.
2. Petitioner has been an actual resident of Kansas for more than 60 days preceding the filing. K.S.A. § 23-2703.
3. More than 60 days have elapsed since the filing of the Petition. K.S.A. § 23-2708.
4. The parties are INCOMPATIBLE within the meaning of K.S.A. § 23-2701(a)(1).
5. The Separation Agreement filed [__/__/____] is valid, just, and equitable. K.S.A. § 23-2712.
6. The Parenting Plan and child support orders are in the best interests of the minor children (if applicable) and consistent with the Kansas Child Support Guidelines.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. The marriage between [PETITIONER] and [RESPONDENT] is DISSOLVED, and the parties are restored to the status of single, unmarried persons.

B. The Separation Agreement filed [__/__/____] is APPROVED and INCORPORATED into this Decree as if fully set forth herein, and is enforceable as an order of this Court. K.S.A. § 23-2712.

C. ☐ Legal custody, residency, parenting time, and child support are ORDERED as set forth in the Parenting Plan and Child Support Worksheet, incorporated herein. Child support payable through the Kansas Payment Center.

D. ☐ Spousal maintenance: WAIVED forever / ordered per the Agreement.

E. ☐ Petitioner's prior name [____________________] is RESTORED.

F. Each party shall execute documents necessary to effectuate this Decree.

G. Court costs are taxed to [____________].

Dated: [__/__/____]

[____________________________________________]
DISTRICT JUDGE

10. FILING AND FINALIZATION PROCEDURE

Sources and References

• Kansas Statutes Chapter 23, Article 27 (Divorce): http://www.ksrevisor.org/statutes/chapters/ch23/
• K.S.A. § 23-2701 (Grounds): https://ksrevisor.gov/statutes/chapters/ch23/023_027_0001.html
• K.S.A. § 23-2703 (Residency): https://www.kslegislature.gov/li/b2023_24/statute/023_000_0000_chapter/023_027_0000_article/023_027_0003_section/023_027_0003_k/
• Kansas Judicial Council — Divorce Forms: https://www.kjc.ks.gov/legal-forms/divorce
• Kansas Self-Help Website: https://self-help.kscourts.gov/
• Kansas Child Support Guidelines: https://kscourts.gov/About-the-Courts/Programs/Child-Support-Guidelines
• Kansas Payment Center: https://www.kspaycenter.com

DISCLAIMER: This packet is provided for informational purposes only and is not a substitute for advice from a licensed Kansas attorney. Kansas law was recodified in 2012; legacy statutory references (e.g., § 60-1601, § 60-1603) remain in older sources but the current citations are K.S.A. §§ 23-2701 and 23-2703. Both the 60-day residency and the 60-day post-filing waiting period are mandatory absent a written emergency court order under § 23-2708.