Kansas Marital Settlement (Divorce) Agreement Form [PDF]

A Kansas marital settlement agreement is a legal document through which married couples regulate the terms and obligations of the divorce process. It represents a written record of the agreement reached between spouses on matters such as child custody, alimony, or the distribution of marital property. 

It is important to note that legal assistance is not needed to complete the agreement. Spouses can acquire the marital settlement agreement template and fill it out themselves.

Divorce Forms

The divorce forms are filed with the district court in the county where the petitioner resides. The filing fee should be paid, and it ranges from $100 to $300, depending on the county. The waiting period is at least 60 days.

Divorce Laws and Legal Requirements in Kansas

The divorce laws and legal requirements in Kansas provide guidance and legal protection to spouses who wish to put an end to their marriage.

How to File For a Divorce in Kansas in 8 Steps 

For married couples who want to file for divorce in Kansas, here we are going to provide a guide that will explain in 8 easy steps how to do so.

#1. Fill out the Divorce Form

To start the divorce process, the spouse must obtain and fill out the divorce form, also known as a petition for divorce. This document can be obtained from the court's clerk or downloaded from the court’s website.

Next, the petitioner must fill out the form by providing information about both parties' full names and current addresses, as well as brief information about marriage. If the couple has children, then information related to them should also be provided.

Additionally, the petitioner can ask for alimony and a name change with this document if necessary. 

Here is a list of all the documents needed for the divorce process:

• Petition for divorce

• Parenting plan

• Civil cover sheet

• Domestic relations affidavit

For any additional information, the petitioner should read the instructions for filing for divorce.

#2. File the Petition

When all documents are filled out, the petitioner needs to file the petition with the clerk in the district court where the petitioner resides. The petition must be signed in front of the clerk or notary public before filing.

The next step is to present all the documents with copies to the court’s clerk and receive a case number. The petitioner must pay a filing fee, and if they are unable to pay, they must fill out a poverty affidavit. 

#3. Serve the Forms to the Respondent

Now the petitioner must decide how to serve the forms to the respondent. Petition for divorce, along with summons, can be delivered in person, by mail, personal delivery service, or by sheriff.

If the petitioner chooses to deliver the documents in person, then the respondent must sign a voluntary entry of appearance form and file it with the court as proof that the documents were delivered.

On the other hand, if the petitioner decides to send the papers to the sheriff’s office, then they must complete the request and service instructions form.

#4. Wait for the Respondent's Answer

Now, the petitioner must wait for the respondent to answer, and they have a 21-day deadline to do so. To answer the divorce complaint, they need to fill out an answer form (agree/disagree). In order to contest the petition, the respondent must submit an answer along with a domestic relations affidavit.

It is important to note that if the respondent agrees to the divorce claims, then spouses enter the uncontested divorce process. On the other hand, they will enter the contested divorce process if they cannot agree on all matters related to divorce. In this case, the judge will make a decision on those matters.

For any additional information, the respondent should read the instructions for responding to divorce.

#5. Schedule a Hearing

The next thing the petitioner has to do is schedule a hearing and to do that, they have to get instructions from the district court’s clerk's office. Usually, the final hearing can be at least 60 days after the petition is filed. When the hearing date is set, the petitioner must fill out the notice of hearing and send it to the respondent.

To prove that the notice was sent to the respondent, the petitioner must fill out a return of service by return receipt and file it with the court.

#6. Complete Child Support Worksheet

It is important to mention that married couples with children must complete the child support worksheet before the hearing. All information on terms and amounts of child support is provided in the Kansas child support guidelines.

Additionally, in some counties, spouses are required to attend parenting, co-parenting, or divorce-related classes before the hearing. The district court’s clerk can provide information about classes and requirements.

#7. Complete Additional Documents

Both parties should gather and complete additional documents before the final hearing. Two documents are essential for this stage. The first is a decree of divorce without children or with children. Spouses should make at least two copies and fill out their part of the decree.

The other one is a divorce settlement agreement, which is crucial for the uncontested divorce process. This document contains agreements made between the spouses concerning their lives after divorce, and it will be reviewed by the judge at the final hearing.

#8. Finalize the Divorce

The last thing to do is to attend the final hearing and finalize the divorce. Both parties should present their documents, give statements, and provide evidence for their statements. In the end, the judge will make a decision and sign the decree of divorce. 

The court’s clerk will file the original decree and provide copies to both parties. When they receive their copies, the divorce is finalized. Additionally, they can use the divorce decree to legally change their names.