Kansas Divorce When Your Spouse Won't Cooperate (2026)

If your spouse will not agree to a Joint Petition, file an Individual Petition for Divorce alleging incompatibility. You serve the Respondent; if they do not respond, proceed to default.

Individual Petition — Overview

1. File a Petition for Divorce at District Court (your county; either spouse's 60-day residency)
2. File the Summons
3. Serve the Respondent
4. Respondent has 30 days to file an Answer
5. If no Answer: proceed to default
6. If Answer filed: contested case — mediation or trial

Service Options

Option 1 — Acceptance/Waiver of Service

Ask your spouse to sign an Entry of Appearance and Waiver. Avoids service cost and complexity.

Option 2 — Sheriff's Service

The most common method. Sheriff of the county where the Respondent lives serves the Petition and Summons. File the Return of Service.

• Cost: ~$30–$70

Option 3 — Process Server

Private process servers available in Kansas. Often faster.

Option 4 — Publication

If the Respondent cannot be located after diligent search:

1. File Affidavit of Diligent Search
2. Court authorizes publication in a newspaper of general circulation
3. Publish once per week for 3 consecutive weeks (or as directed)
4. File Affidavit of Publication

Publication divorces may not provide personal jurisdiction for property division or support — consult an attorney.

After Service — Response Deadline

The Respondent has 30 days after personal service to file an Answer. File a Motion for Default and supporting affidavit if no Answer is filed.

Default Process

1. File Motion for Default (or request Clerk's Default)
2. Default entered
3. 60-day waiting period still applies (unless waived — though waiver requires both parties)
4. Schedule default final hearing
5. Present evidence of incompatibility (brief testimony)
6. Present proposed Decree and Separation Agreement (or testimony on property division)
7. Judge enters Decree of Divorce by default
8. Judge rules on property, maintenance, and custody based on your evidence

Temporary Orders

During the case, file a Motion for Temporary Orders for:

• Temporary maintenance (alimony)
• Exclusive use of marital home
• Temporary child support and custody (if children)
• Restraining order against dissipation of marital assets

Last reviewed: March 2026 | Individual Petition + service | 30-day response deadline | Default after 30 days | 60-day wait applies | Incompatibility ground | District Court | Temporary orders available | kscourts.org/Resources/Self-Help-Center

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.