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Getting Divorced

K.S.A. 23-2701 — incompatibility is enough, after 60 days in the state, and no hearing until 60 days after filing

  • Incompatibility.
  • Failure to perform a material marital duty or obligation.
  • Incompatibility by reason of the mental illness or mental incapacity of one or both spouses.
  • K.S.A. 23-2701
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Who handles this in Kansas: Kansas Legal Services, apply for help and Kansas Legal Services; and legal aid programs, lawyer referral and the state offices, listed in the Kansas directory.

The court grants a divorce or separate maintenance on any of those grounds. Incompatibility needs no showing of fault.

  • K.S.A. 23-2701

One of the spouses must have actually lived in Kansas for the 60 days just before the petition is filed. Someone living or stationed on a military post in Kansas for those 60 days may file in a county next to it.

A divorce is not heard until 60 days after the petition is filed, unless the judge orders an emergency stating its precise nature and the evidence for it. Notice of an emergency hearing goes to the other side at least seven days before, unless waived.

  • K.S.A. 23-2708
Sources for this section (3)
  1. K.S.A. 23-2701 — Grounds for divorce or separate maintenance
  2. K.S.A. 23-2703 — Residence
  3. K.S.A. 23-2708 — Action for divorce; time for hearing

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kansas attorney.

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