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Kansas Divorce Process
Preparing the Divorce Papers
Depending on his or her situation, the petitioner – the party filing for divorce – selects the appropriate set of divorce forms: Divorce Papers With Minor Children or Divorce Papers Without Minor Children.
A divorce begins by filing paperwork requesting a divorce with the clerk of the local district court - a petition and summons for divorce. The filing spouse is the petitioner; the other spouse is the respondent, who must file an answer to the petition. The petition states the essential facts, such as that the parties were married, giving both the date and place of the marriage.
The petitioner must also later complete, sign in front of a Notary, and file with the court clerk the Marital Settlement Agreement and the Domestic Relations Affidavit, Civil Information Sheet and the Domestic Relations Sheet.
Filing the Paperwork with the Court
The petitioner files with the clerk of the District Court the original Petition for Divorce with required copies; the original Domestic Relations Affidavit with required copies; the original Civil Information Sheet; and the Request for Service Form, if not filing a Voluntary Entry of Appearance.
The petitioner should check with the clerk to determine the number of additional copies required as well as the amount of the filing fee.
If the petitioner cannot afford the filing fee, he or she can usually request a waiver by filing an affidavit showing an income too low to pay the fee. However, the court may collect the fee when it grants the divorce from one of the parties, or it may order each to pay a portion of it.
While filing, the petitioner should schedule a court hearing date by asking the clerk to fill out the Notice of Hearing form. This will be filed and sent to the spouse using Certified Mail with a return receipt.
Serving the Documents
The petitioner serves the respondent in one of a number of ways, including:
Disclosing Financial Information
Both spouses complete a Domestic Relations Affidavit, a notarized statement that details his or her financial picture, from employment to assets to liabilities and monthly expenses. Thus, the court can better understand more about, for example, how much child support should be paid, or whether one spouse should receive alimony.
Uncontested vs. Contested Divorce
Contested divorces move through the courts the way any action moves through the courts. However, a contested divorce typically costs more and takes longer, and can cause emotional damage to all involved.
Finalizing the Divorce
In Kansas there is a required waiting period of sixty 60 days after the filing of the petition, unless an emergency exists. Most of the time, this waiting period is used to work out details of any agreements.
However, it’s impossible to predict how long a divorce will take. Some contested divorces drag on for years as a result of the couples’ refusal to agree on anything, and numerous legal hearings throughout the proceeding leading up to a full-blown trial. Both the time and legal expenses involved in such a divorce are likely to be substantial. Moreover, many courts have limited resources, staff, and time to deal with all of their cases.
Courts in Kansas generally have three options when it comes to division of property. They are 1) division of property in kind, 2) awarding property (or part of property) to one spouse, and requiring the other to pay a sum equal to that amount, or 3) the ordered sale of property in question and dividing the proceeds from the sale.
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