Search Free Kansas Divorce Records

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Free Kansas Divorce Record Search

Find out if someone in Kansas is divorced, free of charge.

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Access free Kansas divorce records to learn more about someone in your life or to better understand your family’s history.

For some legal reasons, a person may need to request a certified copy of a divorce record. Regardless of the purpose, a record seeker is authorized to access this information under the rights provided under the Kansas Open Records Act. This state law allows citizens to inspect, access and request various public documents, including divorce records.

This resource provides guidance on requesting and obtaining various types of divorce records in Kansas.

This resource was written by Attorney Robert Bailey Jr, who holds a Juris Doctorate from Widener University School of Law.

Are Divorce Records Publicly Available in Kansas?

Under their Open Records Act, statewide divorce records in Kansas are considered public information. A citizen can access this information, regardless of the reason for doing so.

While all citizens have access to informational divorce records, the same is not true for certified copies. A certified divorce record is often needed if a person has a legal or business situation where they need to prove their own or someone else’s marital status.

For instance, a certified divorce record may be needed for a name change or to handle an insurance policy claim.

Pursuant to Kansas statute K.S.A. 65-2422d, there are eligibility requirements for a certified divorce record.¹ To obtain a certified copy, you must be the person listed on the record or an immediate family member, such as the following:

• Parents
• Adult children
• Current spouse
• Siblings
• Aunt or uncle
• Niece or nephew

You can also be the legal representative of one of these people or someone who can prove it is a necessity for a personal or property rights claim.

Citizens can also access divorce and annulment statistical data as well. This information is required to be provided under Kansas statute 65-2422b. You can access this data through the Kansas Division of Public Health and the Centers for Disease Control and Prevention’s National Center for Health Statistics.²

The most recently reported divorce rate (2021) in Kansas is 1.9 divorces for every 1,000 people, which is well below the national average of 2.5.

How To Search for Kansas Divorce Records Throughout the Entire State

A citizen can perform a free public divorce records search in Kansas by checking with the court that handled the divorce. While Kansas is in the process of providing a centralized case management system, it is still not available to the general public.³

In Kansas, divorce cases are handled by the District Court in the county where the divorce was filed. Anyone who wants to access a particular divorce case record must search or make their request with the District Court in the county where the divorce was issued.

However, at the state level, a person can request a certificate of divorce. A certificate of divorce is a document that verifies that the two parties ended their marriage and contains pertinent information related to the matter. However, the certificate is not the complete record you would find with the district court.

A person can request a certificate of divorce with the Kansas Division of Public Health Office of Vital Statistics.⁴ They are able to provide certificates from July 1, 1951 to the present. To make a request, you can complete their Application for Certified Kansas Divorce Certificate.⁵

This application can be either mailed or dropped off during their walk-in hours. The Office of Vital Statistics walk-in hours are Monday through Friday, from 9:00 AM to 4:00 PM. Whether you decide to walk in or mail your application, a requester can use the address below:

Kansas Office of Vital Statistics
1000 SW Jackson, Ste. 120
Topeka, Kansas 66612

The fee for each certified copy is $20.00, which is a flat charge, even if the record you are requesting cannot be found.

For either option, make sure you also provide a valid government-issued ID and, if mailing your request, a self-addressed stamped envelope. For any questions, you can contact the Office of Vital Statistics at 785-296-1400.

The Office of Vital Statistics also provides an option for submitting a request through their iKan mobile app.⁶ An individual can make a request using this app for either pick up at their office or delivery via regular mail.

Lastly, the Office of Vital Statistics also notes that there is an option to request records online or by telephone through an approved third-party service, VitalChek. If you want to use this service, there is an additional $13.95 expedited service fee.

Note: There are also options for older archived divorce records. These types of divorce records will be discussed in a later section.

Finding Divorce Records in Kansas Counties

Public divorce records can be found at the state and county level. While the state level provides record seekers with a broader search, there are good reasons why an individual would want to search at the county level.

In some counties in Kansas, there may be greater accessibility than when performing a statewide search. Or, you may have questions that are easier to answer in person, and you can only do so with the local clerk’s office.

Whatever your reason, below you’ll find options and steps to take for searching divorce records with the three largest counties in Kansas.

The most populous county throughout Kansas is Johnson County. If you would like to access divorce records in this county, you can start by using the District Court’s Public Records Search tool.⁷

To perform a search for a divorce case, you will have to select “Civil” for the case type. You can then perform a search by case number or name (options for both partial or exact name).

Once you perform a search, you can view party names, case numbers and case captions. Unfortunately, if there are multiple results, there is no way of knowing whether it is a divorce case or not. To find that out, you will have to click on the case number.

Once you click the case number, you will get the complete record. At the top right-hand side, there is a section labeled “Nature.” This is where you can find the type of case.

To confirm you found the right type of case, it should say “Dissolution/Divorce Action.” Once this is confirmed, you can view other information about the case, including when the divorce decree was issued.

You can also search for divorce records in person with the Clerk of the District Court of Johnson County. At the clerk’s office, you can search for case records from 1980 to the present using their public access computers. For divorce cases prior to 1980, a physical search will need to be conducted, and a record seeker will have to provide a $12.00 prepayment.

The Clerk’s Records Division is open Monday through Friday, from 8:00 AM to 5:00 PM. For any questions, you can email them at [email protected] or call them at 913-715-3480. You can either mail in a request or go to the address below:⁸

Johnson County Clerk of the District Court
Tenth Judicial Circuit
Records Management Department
150 West Santa Fe
Olathe, Kansas 66061

The second largest county, and home to its largest city (Wichita), is Sedgwick County. If you would like to search for divorce records in this county, you can do so with the 18th Judicial District Court. A record seeker can either use their public access computers to search for records or make a request with the Records Department.

The Records Department can be contacted by phone at 316-660-5900 or by email at [email protected]. They are available Monday through Friday, from 8:00 AM to 4:00 PM. To speak to someone about searching records or to use their public access computers, you can go to the address below:

18th Judicial Circuit
525 North Main St. 6th Fl., Ste. 616
Wichita, Kansas 67203

The third largest county in Kansas by population is Shawnee County. If a citizen would like a divorce record in this county, they can search using their Public Access Portal.⁹ A person can also search at the District Court or submit a Request for Record with the Clerk of the District Court at the address below:

Clerk of the District Court
200 SE 7th, Rm. 209
Topeka, Kansas 66603

Mail-in requests require a $20.00 research and copy fee prepayment. The Clerk is open Monday through Friday, from 8:00 AM to 5:00 PM. For more information, you can call them at 785-251-6700.

Locating Free Family Divorce Records Through Kansas State Archives

Archived divorce records can be of great value for individuals who want to find out more about their family through a genealogy search. If an individual wants to search archived Indiana divorce records, you can start with the Kansas Historical Society.¹⁰

Records from 1855 -1861 can be found in the Territorial Legislature’s Session Laws’ private laws section. From 1861 through 1951, the district court was responsible for recording divorces. There are various divorce indexes and records you can search on microfilm for this time period.¹¹

If you need other options, you can consider searching with public libraries, old newspapers and churches. You can also look to see if other historical societies have any archived divorce records available. Sometimes, these unique options are necessary when you are looking for older divorce records.

Common Law Marriages & Divorces in Kansas

In Kansas, common-law marriages are recognized. However, state law prohibits common law marriage if either party is under eighteen years old. A common law marriage in Kansas is established when the following three requirements are met:

• Both parties can prove they had the capacity to marry
• A demonstration that they both had the intent to be married
• Both parties presented themselves in public as if they were married

To dissolve this type of marriage (sometimes referred to as a common law divorce), the parties will have to go through the same process as those who received a licensed marriage. Without an actual court order with a decree, individuals who are determined to be married by common law remain bound to that marriage.

In Kansas, civil unions and domestic partnerships are not recognized by state statutes. However, same-sex marriage has been legal in Kansas since June 26, 2015, when the Supreme Court held that a denial of such rights is unconstitutional.

How To Look Up Kansas Dissolution of Marriage & Common Law Divorce Records

In Kansas, a dissolution of marriage is considered the same as a divorce. If a citizen wants to look up dissolution information, they can do so the same way that was described for divorces. The process is also the same for divorces in common law and same-sex marriages.

Currently, there is no specific search tool at the state level to look up these records. However, a certificate of divorce or dissolution can be requested from the Kansas Division of Public Health Office of Vital Statistics.¹²

The best option for searching records of either a divorce of a common law marriage or a dissolution is to do so at the county level. As discussed earlier, district courts are the custodians of divorce records, and some counties have online search tools you can use.

If they do not have an online search tool, start by contacting the District Court Clerk for the county where the divorce or dissolution occurred. They will be able to provide you with guidance on how to search and request these records. They will also be able to provide you with details on filing fees and any questions you may have.

How To Apply for a Divorce & Respond to Divorce Notices in Kansas

If you are in a situation where you are contemplating ending your marriage or you have just received divorce papers, you may not know the next steps to take. Since each state has its own divorce laws and processes, it’s helpful to have a general understanding of the first steps you need to take, whether filing or responding to a petition for divorce.

In Kansas, a person has a legal ground for divorce, whether the other party was at fault or for no-fault reasons. At-fault divorces are for specific reasons involving things like abandonment, desertion and adultery.

However, most people simply file for a no-fault divorce, which only requires that one party to the marriage claims that they are incompatible and unable to reconcile their differences.

Beyond this requirement, there is a residency requirement for filing a divorce in Kansas. To file a divorce in Kansas, you or your spouse must be a resident of the state for at least sixty days.

If you meet this relatively easy residency requirement, you can prepare and submit your Petition for Divorce, without children or with children.¹³

You will also have to provide a civil cover sheet and, if you are representing yourself, a self-represented litigant certification form.^{14, 15}

Note: You have to provide legal notice to your spouse about the divorce. This includes either giving them a copy of the petition (upon which they can voluntarily enter their appearance) or having the petition served by the Sheriff’s Office.

The Petition, along with the filing fee, must be submitted to the District Court’s Clerk in the Kansas county where either you or your spouse reside. It’s also a good idea to contact the Clerk of Court where you are filing for divorce to see if there are any local rules that are unique to the particular county.

Things to consider and include with your petition are the division of assets, child custody, alimony and child support. These are matters you and your spouse will have to figure out, whether by mutual agreement, arbitration or a court hearing.

If you received a Petition for Divorce, your first step is to acknowledge receipt. You do so by signing a Voluntary Entry of Appearance in front of a notary and submitting it to a court. Then, it will be up to you whether or not you want to submit an Answer to the Petition.

Usually, you will want to do this if you disagree with any statements or requests made in the Petition for Divorce. You may also want to file an answer if you want to make sure the divorce proceeds, even if your spouse later changes their mind.

When filing an answer, you can submit an answer in agreement or disagreement with the Petition.^{16, 17} Answers must be filed within 21 days of when you received the Petition.

Unless your divorce is straightforward and both parties agree to all terms, it is a good idea to at least consult with an attorney. They can answer any questions you may have and assist you through nuances and complications unique to your situation.

This information should help you get started on the right foot when dealing with your own divorce. You now have a basic understanding of how divorces are initiated and the tools and resources you need to access and request Kansas divorce records.