If you’re planning to file for a divorce in Kansas, there are a few things you need to know. This blog post will walk you through the process step by step, and provide some useful tips to make things go smoothly.
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No one gets married expecting to get divorced, but unfortunately, it is a reality for many couples. If you find yourself in this situation, you may be wondering how to file for a divorce in Kansas.
The first thing you need to do is decide whether you want to file for a contested or uncontested divorce. If you and your spouse can agree on all of the terms of your divorce, such as child custody and property division, then you can file for an uncontested divorce. This is usually the quickest and easiest way to get divorced.
If you cannot agree on the terms of your divorce, then you will need to file for a contested divorce. This is usually more time-consuming and costly, as it will require going to court.
Once you have decided how you want to file for your divorce, you will need to gather all of the necessary paperwork. This includes a Petition for Dissolution of Marriage, which can be obtained from your local courthouse or online. You will also need to submit a marital settlement agreement if you are filing for an uncontested divorce.
After you have gathered all of the necessary paperwork, you will need to file it with the court clerk’s office in your county. You will also need to pay a filing fee, which is typically around $200. Once your paperwork has been filed, it will be assigned to a judge who will review it and make a decision on your case.
If you are granted a divorce, it will become final 30 days after the judge signs the decree. If either party appeals the decision within that time frame, then the divorce will not become final until the appeals process has been completed.
Grounds for divorce in Kansas
In Kansas, the grounds for divorce are no-fault and fault. No-fault grounds for divorce in Kansas do not assign blame to either spouse for the dissolution of the marriage. Fault grounds for divorce in Kansas, on the other hand, do assign blame to one of the spouses.
There are two types of divorce in Kansas: fault and no-fault. To get a fault divorce, you must prove that your spouse did something that caused the marriage to end. The most common fault grounds for divorce in Kansas are adultery and abandonment.
If you want a no-fault divorce, you don’t have to prove that your spouse did anything wrong. You can get a no-fault divorce in Kansas by agreeing to live apart for at least 150 days or by having “irreconcilable differences” that have caused the marriage to end.
In Kansas, you can file for a divorce on the grounds of (1) incompatibility, which is also called no-fault, or (2) fault. Incompatibility is by far the most common ground for divorce in Kansas. To file on this ground, you or your spouse must simply state that the marriage is irretrievably broken and that there is no hope of reconciliation. You will not have to provide any evidence to support this claim. If you and your spouse agree on this ground, you can file for an uncontested divorce. However, if you file on fault grounds and your spouse does not agree, you will have to prove your grounds at trial.
The other grounds for divorce in Kansas are (1) adultery, (2) imprisonment, (3) mental illness, (4) physical abuse, and (5) drug or alcohol abuse. These are all considered fault grounds because they involve one spouse being at fault for the breakdown of the marriage. To file on one of these grounds, you must have evidence to support your claim. For example, if you want to divorce your spouse for adultery, you would need to prove that he or she had an affair.
How to file for divorce in Kansas
In order to file for a divorce in Kansas, you must first meet the state’s residency requirements. You and your spouse must be residents of the state for at least 60 days before you can file. Once you have met the residency requirements, you will need to gather the necessary divorce paperwork. The next step is to file the paperwork with the court.
The first step in filing for a divorce in Kansas is to file a Petition for Divorce with the District Court in the county where either you or your spouse live. The Petition must be served on your spouse, and your spouse will have 20 days to respond. Once the response is filed, you will have a hearing before a judge, who will decide whether to grant the divorce.
Kansas residency requirements
In order to file for a divorce in Kansas, one spouse must have been a resident of the state for at least 60 days prior to filing. A divorce may be filed in the county where either spouse resides.
If the residence requirement has not been met, then the divorce may still be granted if:
-The grounds for the divorce occurred in Kansas,
-The respondent is a resident of Kansas, or
-The respondent is a member of the armed forces stationed in Kansas.
How to serve divorce papers in Kansas
If you want to file for divorce in Kansas, you must first complete and sign a Petition for Divorce, which you will then file with the Clerk of the District Court in the county where you or your spouse reside. Once you have filed your Petition, you must then “serve” your spouse with the divorce papers.
Service by certified mail
The person who files for divorce must arrange for the other person to be served with the petition and a summons. The best way to do this is to hire a professional process server, but you can also ask a friend or family member over the age of 18 who is not involved in the case to serve the papers.
If you cannot find someone to serve the papers, you can ask the court for permission to serve by certified mail. You will need to fill out a form and pay a fee, and then the court will send the papers to your spouse by certified mail. Your spouse will have to sign for the papers, and then they will be considered served.
Once the papers have been served, you will need to file a proof of service with the court. This is simply a document that says that the papers were properly served on the other person. You can get this form from the court clerk or from an attorney.
In order to get divorced in Kansas, you must first complete and submit a Petition for Divorce to the appropriate district court. Once the petition is filed, your spouse must be “served” with the divorce papers. This simply means that he or she must receive official notice of the divorce proceedings.
There are several ways to serve someone with divorce papers in Kansas. The most common method is known as “personal service.” This means that a process server will physically hand your spouse the divorce papers. In some cases, personal service may not be possible. If this is the case, you may be able to serve your spouse by publishing a notice of the divorce proceedings in a local newspaper. You will need to check with the court to see if this method is available in your case.
Once your spouse has been served with the divorce papers, he or she will have a certain amount of time to respond. If he or she does not respond within the allotted time period, you may be able to proceed with an uncontested divorce. If your spouse does respond, you will need to attend a hearing where a judge will make decisions on issues such as child custody and property division.
How to finalize a divorce in Kansas
Obtaining a divorce decree
In order to obtain a divorce decree, you must file a Petition for Divorce and supporting documents with the court clerk in your county. The documents you will need to file depend on whether you and your spouse have minor children together and whether you have agreed on all of the terms of your divorce. Once you have filed your petition and supporting documentation, you must serve a copy of the petition on your spouse. You can either hire a professional process server or ask a friend or family member over the age of 18 to serve the petition for you.
After you have served the petition, your spouse will have 21 days to file a response with the court. If your spouse does not file a response, you can file a Motion for Default Judgment, which will allow the court to finalize your divorce without your spouse’s participation.
Once your spouse has filed a response, you will need to attend a pre-trial conference with the judge assigned to your case. At this conference, the judge will discuss the issues in your case and may order you to attend mediation in an effort to reach an agreement on all of the terms of your divorce. If you are unable to reach an agreement at mediation, the judge will set a date for a trial on all of the disputed issues in your case.
Changing your name after divorce
If you would like to change your name after divorce, you will need to file a petition with the court. The judge will review your request and may approve your name change for any legitimate purpose. Once your name change is approved, you will need to update your identification and other documents.