Does It Matter Who Files for Divorce First in Kansas?

If you’re considering filing for divorce in Kansas, you might be wondering if it matters who files first. The answer is that it can sometimes make a difference, but not always. Read on to learn more about how filing for divorce works in Kansas and what factors might come into play.

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Introduction

In the state of Kansas, it does not matter who files for divorce first. The person who files is known as the petitioner, and the other spouse is known as the respondent. Either way, both spouses go through the same process and must meet the same requirements.

The state of Kansas requires that couples be married for 60 days before they can file for divorce. Once either spouse has filed, there is a 120-day waiting period before the divorce can be finalized. This waiting period can be waived if there are extenuating circumstances, such as domestic violence or child abuse.

During the divorce process, couples will need to come to an agreement on various issues, such as child custody, visitation, child support, spousal support, and division of property. If they are unable to reach an agreement on their own, they may need to go to mediation or court.

Once all of the issues have been settled and the divorce is granted, each spouse will be free to remarry.

The Process of Filing for Divorce in Kansas

In Kansas, the process of filing for divorce is relatively simple. Either spouse can file a Petition for Dissolution of Marriage with the court clerk in the county where they live. The petition must state that there are irreconcilable differences between the spouses or that the marriage is irretrievably broken.

If the Petition is granted, the court will issue a Decree of Dissolution of Marriage. This document will dissipate all legal ties between the spouses and allow them to marry again in the future if they choose to do so.

It is important to note that, in Kansas, it does not matter who files for divorce first. Both spouses are on equal footing throughout the entire process.

The Benefits of Filing for Divorce First in Kansas

Filing for divorce first in Kansas has a few benefits. It may give you a strategic advantage in the divorce proceedings, and it can also give you a psychological advantage.

If you file for divorce first in Kansas, you will be the petitioner. The petitioner is the person who initiates the divorce proceedings. As the petitioner, you will have more control over the process. You will get to choose which grounds for divorce you use, and you will get to choose which county the divorce is filed in. You may also be able to request temporary orders from the court, such as custody of your children or spousal support.

Filing for divorce first can also give you a psychological advantage. When a couple decides to divorce, both spouses typically go through a period of mourning. This period can be shorter for the spouse who files for divorce first. Filing for divorce can help you move on with your life and start the healing process.

The Drawbacks of Filing for Divorce First in Kansas

If you’re considering filing for divorce in Kansas, you might be wondering if it makes a difference who files first. The answer is that it can. Filing for divorce first gives you a few advantages, but there are also some drawbacks to consider.

The biggest advantage of filing first is that you get to control the divorce process. If you file first, you can choose the grounds for divorce, the custody arrangement, and the property division. You can also ask the court to issue temporary orders on these matters while the divorce is pending.

Another advantage of filing first is that it might put pressure on your spouse to settle the case. If your spouse knows that you’re serious about getting a divorce, they may be more likely to agree to your terms.

However, there are also some disadvantages to filing for divorce first in Kansas. One is that it can be more expensive. You’ll have to pay the filing fee and hire an attorney, while your spouse might not have to do either of these things.

Another disadvantage is that it might make the divorce process more protracted and acrimonious. If your spouse feels like they’ve been blindsided by your decision to file for divorce, they may be less likely to cooperate with you during the process. This can make an already tough situation even harder.

So, does it matter who files for divorce first in Kansas? It can, but there are pros and cons to Consider before making a decision. Talk to an experienced Kansas divorce attorney about your particular situation to see what would be best for you and your family.

How to File for Divorce First in Kansas

If you are considering filing for divorce in Kansas, it is important to understand how the process works. The first thing you need to do is decide if you want to file for divorce first or if you want your spouse to file. There is no right or wrong answer, but there are some things to consider before making your decision.

If you are the one who wants to file for divorce, there are a few things you need to do first. The first thing you need to do is make sure that you meet the residency requirements for filing in Kansas. You must have lived in the state for at least 60 days before you can file. Once you have met the residency requirements, you will need to gather all of the necessary paperwork and forms. These can be found online or at your local courthouse.

Once you have all of the paperwork, you will need to fill it out and file it with the court. You will also need to pay a filing fee. After your paperwork has been filed, your spouse will be served with divorce papers. They will then have 20 days to respond. If they do not respond, the divorce will be granted by default.

If your spouse does respond, they will have the opportunity to contest the divorce or agree to it. If they agree, then the divorce will be granted without having to go to court. If they contest the divorce, then a hearing will be scheduled where both sides can present their case. After hearing both sides, the judge will make a decision and grant either an absolute or limited divorce.

How to Respond if Your Spouse Files for Divorce First in Kansas

If your spouse files for divorce first in Kansas, there are a few things you should do in response. First, consult with an experienced divorce attorney to discuss your legal options and to develop a strategy for moving forward. It is also important to remember that, even if your spouse files for divorce first, you still have the right to contest the divorce and to seek a fair resolution of all issues related to the marriage.

Conclusion

After taking everything into consideration, it is ultimately up to you to decide whether or not it matters who files for divorce first in Kansas. If you have a complicated divorce with many difficult issues to resolve, it may be in your best interest to hire an attorney and have them file on your behalf. However, if your divorce is relatively simple and there are no major disputes, you may be able to save time and money by filing yourself.