Are Divorce Records Public in Kansas?
In Kansas, divorce case records are generally considered public records. However, the availability of these records varies depending on the type. For instance, while general divorce information may be public, access to divorce certificates and divorce decrees is restricted. Usually, these records are only available to the parties named on the records, their attorneys, and immediate family members. Divorce decrees are also available to anyone with valid court orders granting access to those records.
A Kansas divorce court record may be sealed in part by state statute to protect the privacy of parties undergoing the divorce and those of persons associated with them. Confidential information usually removed from public divorce records includes:
- Financial and personal business information
- Medical reports and addiction assessments
- Identities of minors, witnesses, and domestic violence victims
The divorced parties may choose to seal some or all of their court records. To do so, they need to petition the court with good cause. Kansas Family Court judges will then decide whether the provided reasons outweigh the need to keep those records in the public domain.
How to Find a Divorce Record in Kansas
Kansas divorce records are official documents validating the dissolution of marital unions finalized in the Kentucky state courts. The three types of divorce records available are divorce decrees, divorce certificates, and divorce case records. While divorce decrees and case files are court documents, divorce certificates are vital records. Divorce records are considered court records. They may, therefore, be found using official court channels. Some records may also be accessible using third-party public record platforms. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
Understanding Kansas Divorce Certificates
A divorce certificate is a vital document issued by the Office of Vital Statistics of the Kansas Department of Health and Environment. This certificate authenticates the dissolution of a marriage and provides the following information about a divorce:
- Names of persons involved in the divorce
- Date of divorce
- County where the divorce was finalized
Divorced individuals need divorce certificates when applying to change their names. They also require these vital records if they choose to remarry and are applying for a new marriage license.
Understanding Kansas Divorce Decrees
A divorce decree is a written judgment issued at the conclusion of a divorce trial. It constitutes the court’s final ruling and finalizes the divorce process. In addition to establishing a marriage dissolution, a divorce decree also provides details of divorce settlement as it relates to:
- Spousal support
- Child support
- Custody rights and visitation arrangements
- Division of assets and liabilities
A divorce decree is a document of legal authority in Kansas. It is maintained by the Clerk of the District Court where the divorce action was finalized.
Understanding Kansas Divorce Records
A divorce record is a collection of all documents related to a divorce court proceeding. In addition to a divorce decree, the divorce case file also includes motions, summons, orders, reports, assessments, and transcripts generated during a divorce case proceeding. A divorce case record is the most complete form of divorce record. Divorced parties usually require their complete case files if they decide to challenge their divorce judgments in appeal courts. These records are maintained by the Offices of the Clerks of the District Courts in the counties where the divorces were filed and finalized.
How to Find Out if Someone is Divorced in Kansas
An individual can find out if someone is divorced in Kansas by requesting their divorce record. Request for divorce records can be sent to the following offices:
- Kansas Office of Vital Statistics: A record seeker can request a person’s divorce certificate at the Office to ascertain their divorce status. Certified copies of Kansas divorce certificates are confidential. Hence, the record seeker must be a part of the record holder’s family, be a legal representative, or have a direct interest in the record. Kansas divorce certificate requests can be made in person, online, by telephone, mobile app, or mail for $20, and additional processing fees may apply.
- Kansas Historical Society: An inquirer who wants to find out if someone is divorced can visit the Kansas Historical Society office to view the person’s divorce records in the Reference Room. The Office is located at:
Kansas Historical Society
6425 SW 6th Avenue
Topeka KS 66615-1099
Email: kshs.information@ks.gov
Phone: (785) 272-8681
Fax: (785) 272-8682 - County District Court: An individual can also check the divorce status of someone by requesting their divorce decree from the Clerk of the District Court in the county where the divorce was granted. If the requester is unsure of the county where the divorce was granted, they can check the county the person currently resides in or a county they have lived in.
How to Find Public Divorce Records Online
Individuals may find public divorce records online using the public access terminal or computers available at District Court Clerk's offices. For instance, the Douglas County Clerk of the District Court allows record seekers to use the public access computers available at their lobby to search public divorce records in Kansas. The computers are available from Monday to Friday, 8:00 a.m. to 5:00 p.m.
Alternatively, record seekers can search divorce records in Kansas online on third-party or private aggregate databases. Note that information retrieved from these databases cannot be used for official purposes. Requesters would have to provide information like the names of the divorce parties, divorce date, and divorce location to search for divorce information.
How Do I Obtain Kansas Divorce Court Records?
Divorce court records include divorce case files and divorce decrees. These documents are maintained and released by Kansas District Courts, where the divorces were finalized. A divorce is finalized when the District Court judge signs the divorce decree. Thereafter, the divorced parties will be provided copies through the Clerk of the District Court of the county where the divorce took place.
Copies of a divorce decree may also be requested at any time after the finalization of the divorce. Some Kansas courts accept in-person and mail requests and offer online viewing for these records, while others only have provisions for one or two of these request methods.
In-person:
Visit the Office of the District Court Clerk with relevant information pertaining to the record of interest. Most courthouses provide online computer terminals where visitors can view publicly available divorce information. To obtain copies of public court records, an enquirer must complete and submit a Request Form for Court Records.
Bring this form along with applicable copy fees to the clerk’s office during normal business. Requesters must also present government-issued photo IDs such as their driver's licenses and state IDs.
The applicable fees and methods of payment vary from one District courthouse to another. Contact the county clerk's office for details about preferred methods of request and fees.
By Mail:
Before submitting a request for Kansas divorce records by mail, confirm that this request method is acceptable by the clerk’s office of interest. Check the District Court Contact Listing Page on the Kansas Judicial Branch website to find the physical and mailing addresses of the District Court Clerk of interest. Send a written request to the office containing the relevant information about the record of interest. Information required to process a request includes:
- Full names of both persons named in the divorce record
- Date the divorce was granted
- Case file number
Alternatively, mail a completed Request Form for Court Records in place of a written request. Enclose the applicable fees with the request. Kansas District Courts can deliver copies of divorce records by mail, e-mail, and fax.
Online:
Three Kansas District Courts allow members of the public to view limited information about divorce records on their respective websites. The 3rd and 10th Judicial District Courts provide case registers of actions free of charge via the following portals:
- The 3rd Judicial District public access system (for 3rd judicial district)
- Johnson County Kansas District Court Public Records (for 10th judicial district)
The 18th Judicial District, via the Sedgwick County Subscriber Access Network, provides subscription-based access to public information pertaining to the court’s domestic court proceedings. The subscription fee is $50 per month.
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records in particular, may simply not be available through either source.
How Do I Obtain a Copy of My Kansas Divorce Certificate?
Obtain copies of Kansas Divorce Certificates by contacting the Office of Vital Statistics of the Kansas Department of Health and Environment. This office maintains divorce certificates filed from July 1, 1951 to date. Divorce certificates documented between 1861 and July 1951 are maintained by the District Courts where the divorces were finalized.
Order divorce certificates from the Kansas Vital Statistics Office in person, by mail, or online through the iKAN mobile app.
To request copies of a Kansas divorce certificate in person, visit the state’s Vital Statistics Office with a valid government-issued photo ID. Information required to search for the record of interest includes the names of the divorced parties, the divorce year, and the District Court where the divorce was finalized. The case search covers a five-year period. If unsure of the actual divorce year, provide a 5-year approximate search range. Provide the above information by completing the Application For a Certified Copy of the Kansas Divorce Certificate. Bring this form along with applicable fees and documents to the office located at:
Kansas Office of Vital Statistics
1000 SW Jackson Suite 120
Topeka, KS 66612-2221
The Kansas Vital Statistics Office charges $15 for each copy of a divorce certificate. Pay the fee by cash, money order, or check.
To submit a mail request for copies of a Kansas divorce certificate, send a completed Application For a Certified Copy of a Kansas Divorce Certificate to the Vital Records Office. Send this form along with a clear photocopy of a valid government-issued ID, a check or money order for applicable fees, and a self-stamped addressed envelope to:
Kansas Office of Vital Statistics
1000 SW Jackson Suite 120
Topeka, KS 66612-2221
Both regular and priority mail are accepted. The Kansas Vital Statistics Office charges the same fee for divorce records whether ordered in person, by mail, or online.
To order a Kansas divorce certificate online, download the iKAN mobile app on the Apple App Store or Google Play Store. Register and log into the app, and then follow the instructions provided by the RecordBot for ordering a certified copy of a Kansas divorce certificate. An additional $5 processing fee is incurred per certificate requested via this route.
Does Kansas Recognize Common-Law Marriage?
The state of Kansas accepts and recognizes common-law marriages. Couples who opt for this type of union are not required to acquire a marriage license before they marry. A common-law marriage is a non-conventional marriage that does not require a license or a traditional ceremony. However, couples must satisfy all the conditions specified by the state statute code (ss23-2502) on marriage requirements, some of which include:
- There must have been continuous cohabitation between the parties
- Both parties must indicate a willingness to get married
- The couples must have made a public declaration presenting themselves as husband and wife
Both parties must have lived in Kansas for 60 days before filing for divorce under common law. Before a divorce petition may be filed, several requirements must be met. Incompatibility, failure to fulfill marital responsibilities, and mental illness are all reasons for divorce.
What is a Dissolution of Marriage Records?
Per Kan. Stat. 23-2701, dissolution of marriage records is used interchangeably with divorce. In Kansas, the dissolution of marriage records is a legal process that terminates the marital responsibilities and rights between couples. Marriage dissolution cases involve grounds for dissolution, tax consequences, ongoing obligations to provide for a spouse after dissolution, classification and division of assets, and the welfare of minor children.
How to Find Dissolution of Marriage Records in Kansas
Individuals can find dissolution of marriage records online, by telephone, by mobile app, by mail, or in person at the Kansas Office of Vital Statistics. online and phone requests are processed through an approved third-party record provider. Call (877) 305-8315 to order the Kansas dissolution of marriage records by phone.
To request marriage dissolution records via the mobile app, one must download the app through their device app store. Then, open the app store, search for "IKAN," and select IKan - State of Kansas.
Mail applicants must submit Application for Certified Copy of Kansas Divorce Certificate forms to the Office. The application forms must be submitted alongside acceptable IDs and the appropriate record fees.
The Office of Vital Statistics provides walk-in service from Monday to Friday, 9 a.m. to 4 p.m., for dissolution of marriage records requesters. Processing times take about 15 to 20 minutes. The Office is located at:
The Office of Vital Statistics
1000 SW Jackson
Suite 120
Topeka, KS 66612-2221
Email: kdhe.VitalRecords@ks.gov
Phone: (785) 296-1400
