The process for filing an uncontested divorce without children in Kansas is relatively straightforward. Kansas permits no-fault divorce; therefore, you do not need to allege any marital wrongdoing in order to obtain a divorce decree in the Sunflower State. Rather, you only need to allege that you and your spouse can no longer live together as husband and wife due to incompatibility. Before proceeding with an uncontested divorce in Kansas, you must first satisfy the residency requirement. In Kansas, either you or your spouse must have lived in the state for a minimum of 60 days prior to filing.
Obtain Pleading Forms or Divorce Papers
To obtain an uncontested divorce, first you need to get the necessary pleadings, or divorce papers, to start the case. The clerk of the district court in the county where you intend to file maintains a set of these documents for your use. The documents you require are the petition for divorce, civil information sheet, domestic relations affidavit, voluntary entry of appearance, and marital settlement agreement.
Complete Pleadings and File with Court Clerk
Fully completing all sections of the different documents you obtain from the court clerk is crucial. If you fail to complete any part of one of these documents, the clerk can decline to file your paperwork; or, if the paperwork is filed and the case is opened, you run the risk of having it dismissed by the court. Although dismissal does not prevent you from refiling, neglecting to properly complete the paperwork required will unnecessarily delay your divorce.
Deliver Pleadings to Your Spouse
Because the divorce is uncontested, the court expects your spouse to enter a voluntary appearance in the case. The need for serving divorce papers on your spouse is unnecessary because he agrees to the process and desires to terminate the marriage as well. Therefore, you deliver the filed divorce documents to your spouse, who signs a voluntary entry of appearance - acknowledging receipt of the petition - in front of a notary public. Ensure that you promptly file the signed, notarized entry of appearance with the court clerk.
Complete Marital Settlement Agreement
You need to present the court with the agreements you reached with your spouse. To do this, most couples use the standard form provided by the court or draft their own agreement. In an uncontested divorce without minor children, these agreements usually focus on assets and debts. Once the settlement agreement is completed, both you and your spouse sign the document in front of a notary public. In some Kansas jurisdictions, the court requires filing of the settlement agreement before the final divorce hearing. In others, you may bring the document to the hearing itself. Check with the court clerk to confirm the procedure used by your district court.
The final step in the process is scheduling a hearing. Schedule the hearing either through the court clerk's office or judge's administrative assistant, whichever is standard practice by your court. Since the divorce is uncontested, the hearing is likely to be short and involve answering basic questions confirming when you were married, that no children are involved in the case, and that you and your spouse want to end your marriage.
Obtain Certified Copy of Divorce Decree
Once the hearing is concluded, the judge signs the divorce decree. You may obtain a certified or official copy from the court clerk. A certified copy is one that is stamped and signed by the court clerk as being a true and correct copy of the original. You likely will require a certified copy of your divorce decree to deal with post-divorce matters, such as a name change.