Do I have to already be physically separated from my spouse to file for divorce?

No. Kansas law does not require that married persons be physically – or legally – separated before filing for divorce. Kansas law requires that a court grant a divorce if:

1. the person requesting the divorce or the person against whom a divorce is requested is “an actual resident of the state for 60 days immediately preceding the filing of the petition” (which includes “any person who has been a resident of or stationed at a United States post or military reservation within the state for 60 days immediately preceding the filing of the petition”); and

2. the divorce is requested on the grounds of: (a) Incompatibility; (b) failure to perform a material marital duty or obligation; or (c) incompatibility by reason of mental illness or mental incapacity of one or both spouses.

No kind or type of separation is required.