Kansas Divorce Records

Kansas has one of the lowest divorce rates in the U.S., consistently staying below the national average. According to recent data from the National Center for Health Statistics, the state's current divorce rate is approximately 1.7 divorces per 1,000Kansans, which is over 29% lower than the national rate of 2.4 per 1,000 total population.

Kansas is primarily a no-fault divorce state, meaning that spouses do not need to prove wrongdoing to get a divorce. However, the state also allows for fault-based divorces, which require proving misconduct by one spouse. Grounds for divorce in Kansas are incompatibility (meaning the marriage is irretrievably broken), failure to perform marital duties (when a spouse neglects their responsibilities in the marriage), and mental illness or incapacity (at least two out of three court-appointed doctors must agree with this prognosis).

While the cost of getting divorced in Kansas largely depends on the complexity of the case, the average expense is estimated to be $8,400 per person (lower than the national average of $9,969). This amount may vary based on factors like attorney fees, court costs, child custody disputes, mediation, and the division of marital property and debts.

Are Divorce Records Public in Kansas?

Kansas divorce records are generally considered public records under the Kansas Open Records Act (KORA). As such, they are typically accessible to any interested member of the public for inspection and copying. However, there are certain exemptions where disclosure of divorce-related information may be restricted to specific parties. Information that is typically exempt from public disclosure includes Social Security numbers, financial account numbers, medical records, information related to minor children (especially in cases involving allegations of abuse or neglect), and records that have been sealed by a court order.

In addition, the Kansas Uniform Vital Statistics Act also restricts access to certified copies of vital records (which include state-issued divorce certificates) to the individuals named on the record, their immediate family, legal representatives, and requesters who can prove a direct interest in the record.

What Is Included in Kansas Divorce Records?

Divorce records in Kansas collectively refer to all official documents related to the legal dissolution of a marriage. There are three main types of divorce records in Kansas:

• Divorce Certificates: These are documents that confirm basic details of the divorce, such as the names of both parties, date of marriage, and date of divorce. Divorce certificates are issued by the Kansas Department of Health and Environment and they are typically used for legal verification purposes.
• Divorce Decrees: These are official court documents that outline the terms of the divorce, including property division, child custody, alimony, and other legal agreements. Divorce decrees are issued once the divorce proceedings have been finalized and are maintained by the Clerk of the District Court in the county where the divorce was granted.
• Divorce Court Records: These are documents filed and/or generated during a divorce proceeding, such as the initial divorce complaint, petitions, motions, financial disclosures, and court orders (including the divorce decree). These documents are also maintained at the District Court.

How Do I Find Kansas Divorce Records?

Kansas divorce records can typically be accessed through the Clerk of the District Court in the county where the divorce was finalized, and also the Kansas Department of Health and Environment (through its Office of Vital Statistics). Certified copies of these records are often required for various official purposes, including:

• Providing legal proof of divorce status for remarriage or immigration
• Modifying or enforcing orders related to child support, custody, and spousal support
• Updating identification documents
• Settling estates or updating legal documents
• Accessing certain benefits or claims
• Facilitating name changes and updating personal records

Look Up Kansas Divorce Certificate

The Kansas Department of Health and Environment (KDHE) provides access to copies of divorce certificates for divorces that occurred across the state from July 1, 1951, to date. However, it should be noted that access to these records is limited to the parties named on the certificate, their immediate family (including grandparents, aunts, and uncles), and legal representatives, and requesters who can prove a direct interest in the record.

Eligible parties may request copies of a Kansas divorce certificate by submitting a properly completed Application for Certified Copy of Kansas Divorce Certificate to the KDHE's Office of Vital Statistics at:

Submissions may be made via mail or in person between the hours of 9:00 a.m. to 4:00 p.m., Mondays through Fridays. There is a $20 fee per copy requested, and requesters will also have to provide a copy of a valid and acceptable ID. In-person requests are typically processed the same day (usually within 30 minutes, provided there are no difficulties locating the record), while mail-in requests are typically processed within 7 - 10 business days. Inquiries may be directed to the Office of Vital Statistics at (785) 296-1400.

Look Up Kansas Divorce Decree

Kansas divorce decrees are available at the District Court in the county where the divorce was finalized, and copies of these records may be obtained by taking the following steps:

• Identify the specific county where the divorce proceedings were held.
• Contact the Clerk of the District Court for that county.
• Submit a record request to the Clerk of the District Court. You may either use a general Request Form for Court Records provided by the Kansas Judicial Branch or a court-provided form (available at the District Court). You will typically need to provide details like the names of the divorcing parties and the approximate date of the divorce or the case number if known.
• Pay the applicable fees. There is a base fee of 25 cents per page for copies and $10 per document for certified documents (note that actual fees may vary by county).

Look Up Kansas Divorce Court Records

You may obtain copies of a Kansas divorce court record by submitting a request to the Clerk of the District Court in the county where the divorce proceedings occurred, using either a state-provided Request Form for Court Records or a local court-provided request form. You will typically need to provide necessary details to locate the record, like the type of document required and the names of the parties involved, and pay any stipulated copy fees.

Kansas divorce court records may also be accessed online through the Kansas District Court Public Access Portal (you will typically need to register a user account to utilize this portal). Be aware that divorce information viewed online via the public access portal is not considered official court records - official records may only be obtained via the appropriate Clerk of the District Court.

Can You Seal Divorce Records in Kansas?

Kansas divorce records may be sealed under specific circumstances and for a compelling reason, such as to protect minor children, safeguard abuse victims, and secure sensitive financial information or proprietary business information.

Individuals who wish to get their Kansas divorce records sealed must file a motion with the District Court that finalized the divorce, outlining the reasons for the request, with necessary supporting documentation. The court will then review the request, balancing privacy concerns against the public's right to access records, and may schedule a hearing if necessary to assess the merits of the request. If it approves the sealing request, it will issue a court order specifying whether access to the entire divorce case file or only certain documents/information will be restricted.

How Long Does a Divorce Take in Kansas?

Kansas Statutes Annotated (K.S.A) Section 23-2708 stipulates a 60-day waiting period after divorce papers are filed before the divorce case may be heard and the divorce decree subsequently issued (note that this waiting period may be waived by the court in certain circumstances).

In addition to the state-mandated waiting period, factors like the court's schedule and the specifics of the case will also influence the length of a divorce case in Kansas. In situations where both spouses reach a complete agreement on all terms (such as property division, child custody, and support), the divorce can typically be finalized shortly after the 60-day waiting period has elapsed. However, if the spouses disagree on significant issues, the divorce process may take considerably longer, sometimes up to a year or more.

Does Kansas Require Separation Before Divorce?

No, Kansas does not require a mandatory period of legal separation before a couple can file for divorce.

How Are Assets Split in a Kansas Divorce?

Kansas follows the principle of equitable distribution when dividing marital property in a divorce, meaning that each spouse will be awarded a portion of their marital property that is considered "just and proper". It should be noted that under Kansas law, all property owned by the couple, including assets owned by either spouse before the marriage or acquired individually after the marriage, and retirement and pension plans, are considered marital property and subject to division during a divorce.

When dividing marital property between divorcing couples, courts are statutorily required to consider certain factors to ensure an equitable distribution. These factors include:

• Each spouse's age
• The duration of the marriage
• Property owned by each spouse
• When and how the marital property was acquired
• Each spouse's present and future earning capacities
• Any wasteful or improper use of marital property by either spouse
• Tax consequences of the property division
• Alimony/support awards (or lack thereof)
• Each spouse's family ties and obligations

Who Gets Custody of a Child in Divorce in Kansas?

Child custody decisions in Kansas are based on the best interests of the child, as outlined in Article 32 of the Kansas Family Law Code. While courts historically often favored mothers when making custody decisions, state law presently emphasizes that there is no presumption in favor of either parent based on gender. The courts' primary concern is to determine what custodial arrangement will serve the child's physical, emotional, and mental health and welfare. However, recent surveys indicate that fathers in Kansas are typically awarded about 26.4% parenting in divorce cases (roughly 96 days per year) - this is lower than the national average of 35% (approximately 128 days). Notwithstanding this, Kansas courts generally encourage both parents to be actively involved in their children's lives to the extent it is in the child's best interests.

To this end, the state recognizes two main aspects of custody:

• Legal Custody: This refers to the right and responsibility to make major decisions about the child's upbringing, such as education, healthcare, and religious training. Depending on the circumstances of the case, the court may decide on one of two legal custody arrangements:
• Joint Legal Custody: Here, both parents share equal rights in making major decisions about the child's upbringing and overall welfare.
• Sole Legal Custody: Here, one parent has full decision-making authority over the child. Sole legal custody is usually granted if the court believes joint custody isn't in the child's best interest (the court will be required to explain its reasoning in the official records). Note that even if sole custody is awarded, the other parent can still access information about the child unless the court decides otherwise.
• Residency: This refers to the child's living arrangements. The court typically makes residency determinations after deciding legal custody, and both parents are required to submit either an agreed-upon parenting plan or separate proposed plans for the court to review. The court may choose from several residency options (based on the child's best interests), including:
• Primary Residency: Here, the child spends most of their time with one parent, who will be designated the "primary residential custodian", while the other parent spends time with the child as outlined in the court-approved parenting plan.
• Shared Residency: Here, the child splits their time between both parents' respective homes.
• Divided Residency: Here, siblings are split between parents, with each child living primarily with one parent while having parenting time with the other. This arrangement is relatively rare.