Divorce Attorneys in Kansas City, KS

Colgan Law Firm LLC has represented Kansas City-area families through divorce for more than two decades. Whether your case is straightforward or deeply contested, the decisions made during a divorce shape your finances, your parenting relationship, and your day-to-day life for years afterward. Our attorneys prepare every case thoroughly, explain your options in plain language, and advocate for terms that protect your interests.

We represent clients throughout Kansas City, KS, and across Wyandotte, Johnson, Leavenworth, Douglas, Miami, Atchison, Jefferson, and Shawnee counties in every stage of the divorce process, from the initial filing through a final decree.

How Divorce Works in Kansas

Kansas is a no-fault divorce state. Under K.S.A. 23-2701, a court will grant a divorce on the ground of incompatibility, meaning neither spouse has to prove the other did something wrong. Failure to perform a material marital duty and incompatibility due to mental illness or incapacity are also recognized grounds, though incompatibility is by far the most common basis for filing.

Before you can file, at least one spouse must have lived in Kansas for 60 days. Once a petition is filed, Kansas law requires a minimum 60-day waiting period before the court can finalize the divorce, though contested cases involving children, real estate, or retirement accounts routinely take several months to a year or more to resolve. For a full walkthrough of what to expect at each stage, see our blog post on what to expect during the divorce process in Kansas.

Types of Divorce We Handle

No two divorces look the same, and the right strategy depends heavily on your specific situation. Our attorneys represent clients in:

• Contested divorce involving disagreements over custody, support, or property division
• Uncontested divorce where both spouses agree on the major terms and want an efficient, lower-conflict resolution
• High-asset and complex-property divorce involving business interests, executive compensation, or multiple properties — see our high-asset divorce page
• Military divorce involving service members or spouses connected to Fort Leavenworth — see our military divorce page
• Same-sex divorce with the same custody, support, and property considerations as any other marriage dissolution

The Divorce Process in Kansas

While every case is different, most Kansas divorces move through the same general stages:

• Filing and service — the petition is filed with the district court and formally served on the other spouse
• Temporary orders — the court can set temporary custody, parenting time, support, and use of the marital home while the case is pending
• Discovery — both spouses exchange financial records, property valuations, and other documents needed to divide the marital estate fairly
• Negotiation or mediation — many issues can be resolved by agreement, which is typically faster and less expensive than a trial
• Trial — if the parties cannot reach agreement on custody, support, or property, a judge decides the remaining issues
• Final decree — once all issues are resolved, the court enters a decree that legally ends the marriage and sets out each party’s rights and obligations

Custody and Parenting Time in a Kansas Divorce

If you have minor children, your divorce will also resolve legal custody, residency, and a parenting time schedule based on the children’s best interests. We help clients build a parenting plan that reflects their family’s routine and protects their role as a parent. Learn more on our child custody page.

Property Division and Debt

Kansas divides marital property under an equitable distribution standard. Under K.S.A. 23-2801, all property owned by either spouse — including property acquired before the marriage — becomes marital property once a divorce action is filed, and the court divides it in a manner that is fair based on the circumstances, not necessarily an even split. Debt is divided the same way. If you are wondering how credit cards, loans, or a mortgage will be handled, our blog post on what happens to debt during a divorce in Kansas walks through the basics.

Spousal Maintenance and Child Support

Kansas courts may award spousal maintenance in an amount that is fair, just, and equitable under K.S.A. 23-2902, capped at 121 months unless both spouses agree in writing to a longer term. Child support is calculated using the Income Shares Model under the Kansas Child Support Guidelines, based on both parents’ incomes and the parenting time schedule.

What to Expect at Mediation

Many Kansas courts encourage or require mediation before a contested divorce goes to trial. In mediation, a neutral third party helps both spouses work toward agreement on the issues still in dispute, whether that’s the parenting schedule, a specific asset, or the amount of maintenance. Mediation doesn’t require you to reach an agreement, but it often narrows the issues that actually need a judge’s decision, which can shorten the case and reduce legal fees. We prepare clients thoroughly for mediation so they walk in knowing their priorities and their realistic options.

How Fault Can Still Matter, Even in a No-Fault State

Kansas doesn’t require proof of wrongdoing to grant a divorce, but conduct during the marriage can still be relevant to specific issues within the case. Financial misconduct — hiding assets or running up debt without the other spouse’s knowledge — can affect how property is divided. Evidence of domestic abuse is a statutory factor in custody decisions. “No-fault” changes how the divorce itself is granted; it doesn’t make every detail of the marriage irrelevant to the outcome.

Annulment: An Alternative to Divorce

In limited situations, a marriage can be annulled rather than dissolved through divorce. Kansas recognizes annulment for reasons such as a marriage entered into under fraud, duress, or while a spouse lacked the legal capacity to consent. An annulment treats the marriage as void rather than ended, which can matter for religious, personal, or specific legal reasons. Not every couple who wants an annulment qualifies for one, and we can help you understand whether your situation meets the legal standard or whether divorce is the more realistic path.

Temporary Orders While Your Case Is Pending

A divorce case can take months to resolve, and families still need to function in the meantime. Kansas courts can enter temporary orders early in the case addressing:

• Which parent the children will primarily reside with while the case is pending
• A temporary parenting time schedule
• Temporary child support and spousal maintenance
• Who remains in the marital home during the case
• Responsibility for shared bills and debts while the divorce is pending

Temporary orders are not a preview of the final outcome, but they do set the day-to-day reality for your family during the case, which is why it’s worth getting them right from the start.

Preparing for Your First Consultation

Clients often ask what they should bring or think about before meeting with an attorney. A productive first consultation usually covers:

• A general picture of your household finances — income, debts, and major assets
• Your goals for custody and parenting time, if you have children
• Any immediate concerns, such as safety issues or an upcoming move
• Questions about timeline, process, and what to expect

You don’t need to have every document gathered before your first meeting — we’ll help you identify what’s needed as the case moves forward.

Why Work With Colgan Law

Divorce is rarely simple, and the details of your case determine the outcome. Our attorneys prepare every case as though it may go to trial, which gives our clients a stronger position whether their case settles or is ultimately decided by a judge.

Working with Unmarried and Long-Term Partners

Not everyone separating in Kansas is married. Unmarried couples who share children, property, or a home face many of the same practical questions as a divorcing couple — custody, support, and how to divide what was built together — but without a divorce statute to fall back on for property division. We help unmarried clients understand what legal tools are actually available to them, which are often different from what a divorcing spouse would use.

Restoring a Former Name

Many clients want to return to a former name as part of their divorce. Kansas allows a spouse to request restoration of a former name in the divorce decree itself, which avoids a separate, additional court filing later. If this matters to you, let your attorney know early so it’s included as part of the decree rather than handled afterward.

Costs and Attorney Fees

Kansas courts have discretion to order one spouse to contribute to the other’s attorney fees in a divorce case, particularly where there’s a significant income disparity between spouses. This isn’t automatic, and it isn’t something to count on, but it’s worth discussing with your attorney if cost is a concern in deciding whether — or how — to move forward with your case.

What Happens After Your Divorce Is Final

A final decree doesn’t necessarily mean every piece of paperwork is done. Depending on your case, you may still need to:

• Retitle real estate, vehicles, or financial accounts to match the property division
• Finalize a QDRO to actually divide a retirement account
• Update your estate plan, beneficiary designations, and insurance policies
• Register or enforce the decree if you or your former spouse move out of state

We walk clients through these follow-up steps so the divorce decree translates into what actually happens in your day-to-day life.

Communities We Serve

From our office in Kansas City, KS, we handle divorce cases throughout Wyandotte, Johnson, Douglas, Miami, Leavenworth, Atchison, Jefferson, and Shawnee counties.

Frequently Asked Questions

How long does a divorce take in Kansas?

Kansas requires a minimum 60-day waiting period after filing, but a contested divorce involving children, real estate, or retirement accounts typically takes several months to over a year to resolve.

Do I need a reason to get divorced in Kansas?

No. Kansas is a no-fault state, and most divorces are granted on the ground of incompatibility, meaning neither spouse has to prove wrongdoing by the other.

How is property divided in a Kansas divorce?

Kansas follows equitable distribution, meaning the court divides marital property and debt in a manner that is fair based on the circumstances of the marriage — not necessarily a 50/50 split.

Can my spouse and I agree on the terms ourselves?

Yes. In an uncontested divorce, both spouses agree on custody, support, and property division in advance, which is typically faster and less expensive than a contested case.

What happens if we can’t agree on custody or property?

If you and your spouse cannot reach an agreement, the case proceeds to trial, where a judge decides the remaining issues based on Kansas law.

What’s the difference between an annulment and a divorce?

An annulment treats a marriage as if it never legally existed and is only available in limited circumstances, such as fraud or lack of capacity to consent. A divorce legally ends a valid marriage.

Can the court change our temporary orders once the case is over?

Temporary orders only apply while the case is pending. The final divorce decree sets the lasting terms for custody, support, and property division, and can look different from the temporary arrangement.

Contact Colgan Law Firm LLC

If you are considering divorce or have already been served with papers, contact Colgan Law Firm LLC today at 913-721-9999 to schedule a consultation.