10 Kansas Divorce Mistakes to Avoid (2026)

Mistake #1 — Not Waiving the 60-Day Waiting Period When Both Agree

Kansas's 60-day waiting period is waivable by mutual agreement — but only if both parties request it. Many couples who both want a quick divorce wait 60 unnecessary days because they didn't know they could waive it.

Fix: If both spouses agree on everything, include a mutual waiver request in the Joint Petition or file a separate Joint Stipulation Waiving Waiting Period. Check the procedure at your District Court.

Mistake #2 — Calling It a "Dissolution" Instead of a "Divorce"

Kansas uses the word "divorce" — not "dissolution of marriage." While clerks know what you mean, using the wrong terminology on forms can cause confusion.

Fix: Always use "divorce" in Kansas. The proceeding is a "divorce action" in "District Court."

Mistake #3 — Omitting the Statement of Assets and Liabilities

Kansas requires both parties to file a Statement of Assets and Liabilities. Omitting it can delay the case or result in a defective filing.

Fix: Download the form from kscourts.org/Resources/Self-Help-Center. Both parties complete and file it.

Mistake #4 — Using "Alimony" Instead of "Maintenance" in Kansas

Kansas courts use the term "maintenance" — not alimony. This is more than semantics — using the wrong term in your Separation Agreement can create ambiguity about modifiability and tax treatment.

Fix: Use "maintenance" consistently in all Kansas divorce documents. Specify amount, duration, and whether it terminates on remarriage or death.

Mistake #5 — Not Using the Kansas Child Support Worksheet

Kansas's income shares child support model requires completing the Kansas Child Support Worksheet — it's not a simple percentage calculation. Missing the worksheet can result in a defective support order.

Fix: Download the Kansas Child Support Worksheet from kscourts.org. Fill in both parties' incomes, deductions, health insurance, and childcare costs. Attach the completed worksheet to your Separation Agreement.

Mistake #6 — Recording the Deed at the Wrong Office

Kansas real property records are maintained by the County Register of Deeds — distinct from the District Court where the divorce is filed.

Fix: After the Decree, record all deed transfers at the County Register of Deeds in the county where the property is located. Confirm the transfer tax exemption for divorce-related deed transfers.

Mistake #7 — Forgetting the QDRO

The Separation Agreement and Decree do not automatically transfer retirement benefits. Employer-sponsored plans require a separate QDRO (or for Kansas KPERS, a domestic relations order submitted to KPERS).

Fix: After the Decree is entered, work with a QDRO specialist for private employer plans. For KPERS, contact Kansas KPERS directly.

Mistake #8 — Incomplete Financial Disclosure

The Statement of Assets and Liabilities must be accurate and complete. Concealing assets is perjury and can result in the court reopening or setting aside the Decree.

Fix: Be thorough. List all accounts, real property, retirement accounts, business interests, and debts.

Mistake #9 — Agreeing to Joint Debt Assumption Without Indemnification Language

If your ex-spouse assumes a joint debt but fails to pay, the creditor can still come after you. The Separation Agreement binds only the parties — not creditors.

Fix: Add clear indemnification language to every debt assumption: "[Spouse] shall assume [debt] and indemnify and hold [other spouse] harmless from any claim arising from nonpayment."

Mistake #10 — Not Updating Beneficiary Designations After the Decree

The Decree does not automatically change beneficiary designations on life insurance, retirement accounts, or payable-on-death accounts.

Fix: Immediately after the Decree, update all beneficiary designations.

Last reviewed: March 2026 | 60-day wait WAIVABLE — don't miss it | "Divorce" not dissolution | "Maintenance" not alimony | Statement of Assets required | Kansas Child Support Worksheet | Register of Deeds for deeds | QDRO for retirement | KPERS DRO | kscourts.org/Resources/Self-Help-Center

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