How Are Divorce Records Generated In Kansas?

Kansas divorce records are generated by gathering and documenting information concerning divorce processes within state limits. Getting a divorce in Kansas means dissolving a marriage, whereby both parties become legally single after the divorce is finalized. In Kansas, there are 18.8 divorces for every 1000 women over 15.

Kansas offers other legal ways to break marital bonds, such as separation and annulment. Legal separation allows the parties involved to make certain decisions that would have been made during a divorce proceeding. However, it does not legally dissolve the marriage, and the parties involved are not legally single. On the other hand, an annulment is a declaration that there was never a legal marriage in the first place.

Kansas allows for a 'no-fault' divorce. This is where none of the parties involved have to prove wrongdoing on the part of their partners to be granted a divorce. The grounds for divorce in Kansas are:

• Incompatibility occurs when the relationship between husband and wife has broken beyond repair, and either one or both are no longer interested in marriage.
• Incompatibility based on mental illness or incapacity by one or both spouses.
• Failure to perform a marital duty or obligation.

There are two basic types of divorce in Kansas: contested and uncontested. A contested divorce is usually taken when the parties involved do not agree on one or more topics regarding their divorce settlement. Some of these topics disagreed on include, but are not restricted to, child support, alimony, property sharing, and custody of the children.

However, an uncontested divorce is usually a means by which both parties easily reach a mutual agreement, agreeing to specific divorce terms. This type of divorce is settled without needing to be taken to court.

Generally, divorces in Kansas are initiated by filing a petition for Dissolution of Marriage by one or both parties involved with the county's district court. This notifies the court of either party's intent to divorce.

The divorce is finalized when a judge signs and files the final divorce decree with the court clerk. Depending on the divorce's circumstances, this may take 30 to 90 days.

These divorce records are maintained by the office of the clerk of court or the Kansas Department of Health and Environment.

Are Divorce Records Public In Kansas?

According to the Kansas Open Records Act, divorce records are open to the public but considered confidential or restricted to authorized parties. However, some parts of the record, such as the informational section highlighting when and where the divorce was granted, may be accessible to the public.

Whenever a divorce has been finalized, eligible people with legitimate claims have the right to inspect or copy these records just like any other court case. The same may be said about divorce records sealed by court orders.

Note: Some basic information required before searching or requesting divorce records includes the names of both parties, the date of divorce, and the location of the divorce.

What Are The Types Of Divorce Records Available In Kansas?

The state of Kansas provides three types of divorce records: divorce decree, divorce certificate, and divorce information.

A divorce decree is a court statement that details the court settlement, the final order signed by a judge that terminates the marriage. The superior court makes this decree available only to the parties directly involved in the divorce case and their attorneys. Some of the details of this decree include the responsibilities and rights of the parties involved in the divorce, division of assets, alimony, financial obligations, child support, child visitation rights, and child custody. This decree is maintained by and obtained from the District court clerk in the county where the divorce was filed.

On the other hand, a divorce certificate contains basic information about the divorce, such as the names of both parties involved, the date of marriage, the date of divorce, where the divorce was filed, the date of filing, and the court case number. Certified copies of divorce certificates are obtained from the Kansas Department of Health and Environment.

Lastly, divorce information is simply the informational copy of court proceedings made available to the public at the county district court level.

Note: The department preserves divorce records from the 1st of July 1951, to the present.

How Do I Get Divorce Records In Kansas?

Generally, divorce records in Kansas may be obtained from multiple sources, including:

• Clerk of the district court in the county where the divorce was carried out.
• Kansas Department of Health and Environment
• Third-party sites

However, obtaining copies of divorce records in Kansas varies from county to county. Record seekers may send requests to the Kansas Department of Health and Environment's (KDHE) office of vital statistics by mail or by telephone. A completed Application for Certified Copy of Kansas Divorce Certificate should be signed by hand and submitted to the Office of Vital Statistics.

Alternatively, eligible persons may make record requests at the district court in the county where the divorce was filed or finalized. This may be done via phone, mail, online, or in person.

Obtaining divorce records from third-party sites may be in any format. Depending on the vendor's reputation, it may be incomplete or standard.

Individuals may be required to pay administration, duplication, or research fees, which vary among different custodians. Copies of the record may be certified or uncertified. Certified records are often required for legal or formal purposes, while uncertified copies are mainly used for informational purposes.

There are certain non-negotiable requirements to get access to the divorce records from the Clerk of the Kansas Court. These requirements are:

• The requester's name should be listed on the divorce certificate.
• The requester should be listed as a parent/guardian, child, or relation on the divorce certificate.
• Payment of a required amount for the court fees.
• Valid photo identification must be provided.

The information may be sent via mail or email, although some county officials would require an in-person visit.

Who can obtain divorce records in Kansas?

Generally, eligible applicants for divorce records include:

• The divorced couple
• Current spouse
• Adult children
• Direct relation (grandparents, parents/legal guardians, siblings, etc.)
• Legal representative of eligible persons

Ideally, divorce information is open to all, while divorce decrees are obtainable by the parties involved, their attorneys, and the names listed in the certificate. Lastly, divorce certificates are obtainable by the parties involved and their attorneys.

Are Kansas Divorce records available online?

The Kansas divorce information may be viewed online by the public or obtained from the websites or indexes of the Kansas Clerk of Courts in the county where the divorce was approved. To access this, look for the public records database option and search for the names of the parties involved and the timeframe of the divorce. No fees are required to get the information. However, records obtained through this means are not to be used for legal purposes.

Kansas records are also available online at the Kansas Department for Health and Environment and the Kansas Clerk of Court website for a fee.

How Do I Seal My Divorce Records In Kansas?

Kansas state statutes allow one or both parties to a divorce to petition for record sealing in the court where the case was filed or finalized. During the hearing, the parties involved may request that parts or all of their divorce records be sealed.

However, this may only be done when compelling and valid reasons are provided to prove that sealing the record is in the best interest of all parties involved. The judge will weigh the damages and decide whether the motion should be granted.

When these records are sealed and court orders have been served, the record shall be private with restricted access to the public. However, it remains accessible to the parties, their descendants, and particular court or law enforcement personnel. Also, a court order may open the records to the public.

Reasons that are considered for sealing divorce records usually include:

• There is a need to protect the identification of children involved in the divorce records.
• Protection of proprietary business information.
• To keep sensitive information like bank account numbers and social security numbers away from the public.
• To protect domestic violence victims.