Contents
In Kansas, you can file for divorce without hiring an attorney. The process is fairly simple and can be done without going to court.
Checkout this video:
Overview of the Kansas Divorce Process
How to File for Divorce in Kansas
The process of filing for divorce in Kansas is relatively simple. First, you must determine if you meet the state’s residency requirements. If you do, you will need to gather the necessary paperwork and file it with the court. Once your paperwork has been processed, your spouse will be served with divorce papers. The two of you will then have a certain amount of time to respond to the papers. If you are able to reach an agreement on all aspects of your divorce, you can file for an uncontested divorce. If not, you will need to go through the process of contested divorce, which is more complex and time-consuming.
The Different Types of Divorce in Kansas
There are two types of divorce in Kansas:
1. Uncontested – the couple agrees on all terms of the divorce and does not require a trial.
2. Contested – the couple does not agree on all terms of the divorce and may require a trial.
If you and your spouse agree on all terms of the divorce, you may file for an uncontested divorce. If you do not agree on all terms of the divorce, you will need to file for a contested divorce.
If you have minor children, you will also need to complete the required parenting classes before your divorce can be finalized.
The Residency Requirements for Filing for Divorce in Kansas
In order for a Kansas Court to have jurisdiction over a divorce, at least one party must be a resident of the state for sixty (60) days preceding the filing of the Petition for Divorce. If the parties have minor children together, this residency requirement is extended to one hundred twenty (120) days. If you do not meet these residency requirements, you may still be able to divorce in Kansas if your spouse does or if your marriage took place in Kansas.
If neither party meets the residency requirements and there are no minor children, service by publication may be available which would allow the court to grant a divorce without either party being physically present in the state. However, this type of service is generally only available as a last resort and parties should attempt to obtain personal service on their spouse before resorting to publication.
The Kansas Divorce Papers
The Kansas Divorce Petition
The Kansas divorce petition is the first step in the Kansas divorce process. This petition is filed with the district court in the county where either the petitioner or the respondent resides. The petition must be served on the other spouse, who then has 30 days to file a response. If no response is filed, the petitioner can request a default judgment from the court.
The Kansas Summons
The first step in filing for divorce in Kansas is to complete and file a summons with the court. The summons must be served on your spouse along with a copy of the petition for divorce. The summons will notify your spouse that you have filed for divorce and will set a date for a hearing. If you have minor children, the summons will also set a date for a custody and visitation hearing.
The Kansas Financial Affidavit
The Kansas Financial Affidavit is a document that is required by the court in order to have a complete financial picture of both parties in a divorce. This document must be completed and filed by both parties in order to move forward with the divorce process. The Kansas Financial Affidavit will outline each spouse’s income, assets, debts, and expenses. This information will be used by the court to determine child support and spousal support obligations, as well as property division.
The Kansas Child Custody and Support Worksheet
The Kansas Child Custody and Support Worksheet is a tool that will help you and your spouse determine the custody and support arrangement that is in the best interests of your child. The worksheet takes into account the child’s age, health, and wellbeing, as well as the financial stability of each parent. It also includes a section on how to calculate child support.
You can find the Kansas Child Custody and Support Worksheet, along with other divorce forms, at your local Kansas court clerk’s office or online at the Kansas Judiciary website.
The Kansas Marital Settlement Agreement
The Kansas Marital Settlement Agreement is a document that is used to outline the terms of the divorce settlement between the two parties. This document will outline the division of assets and liabilities, child custody and visitation, child support, spousal support, and any other terms that the parties have agreed upon. This document must be signed by both parties in order to be valid.
Filing for Divorce in Kansas
In order to file for divorce in Kansas, you will need to have been a resident of the state for at least 60 days. You will also need to file a Petition for Divorce and a Summons with the clerk of your district court. Once you have filed these documents, you will need to serve your spouse with the divorce papers.
Filing for Divorce in Kansas without Children
If you and your spouse agree about getting a divorce and about all the issues related to the divorce, you can file for an uncontested divorce. An uncontested divorce is usually faster, cheaper, and causes less stress than a contested divorce. If you have children under 18 with your spouse, you must file a different set of forms.
To get an uncontested divorce in Kansas, you must:
– File a Petition for Divorce and pay the filing fee at the courthouse in the county where you live. The person who files is called the petitioner;
– Serve your spouse with (give your spouse) a copy of the Petition for Divorce and other papers; and
– Wait at least 60 days from the date your spouse was served before you can go to court for a final hearing.
Filing for Divorce in Kansas with Children
If you are filing for divorce in Kansas and you have children under the age of 18, you will need to complete a few additional forms. In addition to the standard divorce Petition and Summons, you will need to complete a Child Custody Affidavit, a Parenting Plan, and a Child Support Worksheet.
The Child Custody Affidavit is a form that asks for basic information about your children, including their names, birthdates, and contact information for both parents. The Parenting Plan is a more detailed document that outlines how you and your spouse plan to Share custody of your children. The Child Support Worksheet is used to calculate the amount of child support that one parent will owe the other.
Once you have completed these forms, you will need to file them with the court clerk’s office in your county of residence. You will also need to pay a filing fee, which is currently $165 for an uncontested divorce. If your divorce is contested, meaning that your spouse does not agree with the terms of the divorce, you will likely need to hire an attorney and the cost of your divorce will increase significantly.
Serving the Kansas Divorce Papers
In order to begin the divorce process in Kansas, one spouse will need to serve the other spouse with divorce papers. This can be done by hand-delivering the papers, or by mailing them via certified mail. Once the papers have been served, the process can begin.
Serving the Kansas Divorce Petition
The Kansas divorce process begins with the filing of a petition for divorce. The person filing the petition is the petitioner and their spouse is the respondent. Once the petition is filed, it must be served on the respondent along with a summons. The summons gives the respondent a certain amount of time to file a response to the petition. If the respondent does not file a response, the petitioner can ask the court for a default divorce.
The best way to serve the divorce papers is to have a third party do it for you. This can be a friend, family member, or professional process server. The person serving the papers must be at least 18 years old and cannot be involved in your divorce case in any way.
Once the papers have been served, you will need to file proof of service with the court. This can be done by mailing or hand-delivering a copy of the proof of service form to your local court clerk’s office.
Serving the Kansas Summons
The first step in filing for divorce in Kansas is to complete the necessary paperwork and file it with the Clerk of the District Court in the county where either you or your spouse lives. Once you have filed your petition for divorce, you must “serve” your spouse with the Summons and a copy of your Petition. You can do this by hiring a professional process server, or by having a friend or family member over the age of 18 who is not involved in the case serve your spouse. If you cannot find your spouse and do not know where he or she is living, you can ask the court for permission to serve by publication, which means publishing a notice of your divorce in a newspaper.
After your spouse has been served, he or she will have 30 days to file a response to your petition with the court. If no response is filed, you can proceed with your divorce without him or her. If your spouse does file a response, you will need to attend a hearing, at which time the judge will make decisions regarding child custody, child support, division of property and other issues related to your divorce.
The Kansas Divorce Hearing
In Kansas, the divorce hearing is the final stage of the divorce process. At this hearing, the court will make a decision on the issues of child custody, child support, alimony, property division, and debt division. The divorce hearing can be a very stressful time for both parties involved.
The Kansas Divorce Decree
After filing for divorce in Kansas, there will be a hearing before a judge. The judge will review the paperwork and may ask some questions. Once the judge is satisfied that everything is in order, they will sign the divorce decree. The decree will become official once it is filed with the court.
The Kansas Divorce Judgment
The Kansas divorce judgment will legally end your marriage. Once the judge signs the judgment, it is filed with the court clerk and becomes a public record. If you have minor children with your spouse, the judgment will also determine child custody, visitation, and child support arrangements.
In order to get a divorce in Kansas, you must first file a petition for divorce with the district court in the county where either you or your spouse resides. Once the petition is filed, your spouse will be served with a summons that gives him or her 30 days to respond to the petition. If your spouse does not respond to the summons within 30 days, you can request that the court enter a default judgment against him or her.
If your spouse does respond to the summons, you will then need to attend a mandatory settlement conference. During the settlement conference, you and your spouse will meet with a mediator who will help you try to reach an agreement on all of the issues in your case. If you are able to reach an agreement at the settlement conference, then the mediator will prepare a written settlement agreement for you and your spouse to sign.
If you are not able to reach an agreement at the settlement conference, then your case will proceed to trial. At trial, both you and your spouse will have an opportunity to present evidence and testimony to support your respective positions on all of the issues in your case. After hearing all of the evidence, the judge will then make decisions on all of the disputed issues and enter a written divorce judgment accordingly.
