Kansas divorce details
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Uncontested VS Contested Divorce
A contested divorce may require you to spend a lot of money and time on lawyers and court hearings. However, if you and your spouse are willing to work together to reach a compromise, the divorce process can be quite painless and simple. For couples who are willing to cooperate, state legislation suggests filing for a pending divorce. In this case, it is possible to terminate the marriage in 60 days after you file with the court. The main essence of an uncontested divorce is that the couple simply have nothing to contest or divide in court. All the issues surrounding the divorce must be negotiated and come to terms with before the lawsuit is brought to court.
If you and your spouse have at least one unresolved issue, then your divorce will be contested and all disputable questions will be discussed at the court. While an uncontested divorce may be obtained in 2 months, a contested one may be delayed up to a year or more. The length of the process really depends on the number and complexity of the divorce issues that need to be resolved before the court makes the final decision.
In addition, the cost of the contested divorce in Kansas averages $11,000. If the couple is unable to deal with the issues of property division, the cost of the divorce is increases to $15,400. Furthermore if custody of minor children is also involved, the price jumps even higher to $16,400. On the other hand, the average cost of an uncontested divorce is $200.
Uncontested Divorce in Kansas
If you wish to terminate your marriage quickly and painlessly, an uncontested divorce is the best option. You and your spouse must compromise on the following issues to file for an uncontested divorce in Kansas:
- Grounds for divorce.
- Distribution of custody of minor children.
- Amount of financial support for minor children.
- Division of common property and debts.
- Amount and duration of alimony.
After you come to an agreement regarding all the above issues, you can file a petition with the court. When your case is registered, there will be a waiting period of at least 60 days. After that period is over, you have the right to request the court for the first hearing. The final decision regarding your divorce may be made at the first hearing.
Grounds for for the Divorce in Kansas
The state of Kansas allows both fault and no-fault grounds. The fact that there are insurmountable disagreements between you and your spouse and there is no hope for reconciliation can be attributed to no-fault grounds.
The fault reasons are:
- The spouse's refusal to perform material marital duties or obligations.
- Mental illness or incapacity of one of the spouses. If you wish to terminate a marriage in Kansas based on this reason, you will need to provide evidence that the spouse is on continuous psychiatric treatment in a special institution for at least 2 continuous years. Otherwise, the court will conduct an independent examination of the mental state of the spouse.
If you file for divorce because of insurmountable differences, it indicates that you and your spouse have agreed to the grounds for divorce and that there are no accusations toward each other for the cause of the divorce. If you file for divorce on the basis of the fault reasons, you will need to provide evidence of it to the court.
Uncontested divorce based on irreconcilable differences indicate no-fault grounds as the spouses do not blame each other for the divorce.
However, state law also allows its citizens to file for divorce based on fault reasons, if both spouses agree with them.
As a result, the grounds for divorce are not as important in the case of an uncontested divorce, whether they are fault or no-fault. The main condition is that both spouses agree that the declared reasons are indeed the cause of their divorce.
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Kansas Residency Requirements to File for Divorce
If you wish to file for divorce in Kansas, you must meet the state’s residency requirement: you or your spouse must be a resident of the state for at least 60 days. If you or your spouse fails to meet the requirement, then you do not have legal rights to file for divorce and the court will reject your case.
How to File for an Uncontested Divorce?
1. File the Petition for the court
You must first select the necessary forms for your specific divorce case, complete them, and file them with the court. Afterwards, your case will be assigned a registration number.
2. Provide your spouse with all the required papers
After your case is registered, you must serve your spouse with all the copies of the required documents and they must file a response back.
3. Provide the court with extra information
You must provide the court with all the written, contractual agreements that exist between you and your spouse. This includes reports on: property, debts, distribution of child custody, parent plan, and others.
4. Sign up the Marital Settlement Agreement
This is a specific document that stipulates that you and your spouse have agreed on all the issues of divorce and also clarifies all the significant questions. You can find a sample of it on our website.
5. Get a Final Judgement
The final decree for an uncontested divorce can be obtained in as soon as 60 days after file with the court if the judge makes sure that all your documents are correct and your common decisions are fair.
Do-It-Yourself Divorce in Kansas
Do-It-Yourself divorce is a process where the spouses complete all the steps of the divorce process on their own and also represent themselves in court. The Plaintiff independently completes and files the forms with the court. After the case is registered with the judicial clerk, the Plaintiff must then provide copies of all the paperwork to their spouse. The Plaintiff has the right to represent their own rights and interests in court without a lawyer. Note, that it is important to complete the documents in accordance with state requirements; if they are done incorrectly, they will be rejected by the court.
How Much Does an Uncontested Divorce Cost in Kansas?
The usual costs of an uncontested divorce include court fees and any additional expenses for services used to serve your spouse. On average, the total cost comes out to be between $200 - $300.
How Long Does It Take to Get Divorced in Kansas?
The duration of a contested divorce is difficult to predict as it depends on the number and complexity of issues that need to be resolved. As a result, it is not uncommon for uncontested divorces to last several months to even years. In comparison, uncontested divorces are much simpler and do not take as long. After filing the documents, spouses need to wait for 60 days before the first hearing, in which the divorce is usually granted.
How to serve your spouse in Kansas
Once your case is registered, you must provide copies of all the documents to your spouse. This can be done in several ways in Kansas. If your spouse is using the services of a lawyer for the divorce, you must send the copies to the lawyer’s office in charge of your spouse’s case. If they are not using the services of a lawyer, then you can deliver them yourself personally or through the mail. You may also request to use the services of the sheriff or send them through first class mail.
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Documents You Need to Get a Divorce in Kansas
- Civil Information Sheet
The document in which you indicate the parties to the process and the types of actions, lawyers, and children (if applicable to the marriage).
- Petition for Divorce (Without Children) or Petition for Divorce (With Children)
Two types of forms that reflect the presence of children in the marriage. In addition, the sides of the process, family history, grounds for divorce, and requested help are also indicated here.
A document reflecting that the defendant has 20 days to file a response or 30 days if the defendant lives outside Kansas.
- Parenting Plan
A document created by the spouses in regards to their minor children. It details the amount of time each parent will spend with the child, areas of responsibility for each parent, as well as any financial support.
- Domestic Relations Affidavit
This document describes the family’s situation: the presence of children, property, financial state. This Affidavit must be notarized.
- Entry of Appearance and Waiver of Service
This document is signed by the defendant, which indicates that they waive formal service of the divorce documents. Must be signed in the presence of a notary.
- Child Support Worksheet
This document calculates and certifies the payment amounts that the non-custodial parent will make to the custodial parent.
- Notice of Final Hearing
The Plaintiff must notify the Defendant of the date of the final hearing.
Please note that not all of the mentioned above documents will be required as it will depend on your specific case.
Online Divorce in Kansas
Online divorce has become quite popular nowadays. It is convenient for many couples because they are not required to understand all the small nuances of the law. Through the help of online services, you can prepare all the documents you need in accordance with state requirements. It is also quite cheap; starting from only $149, you will receive a packet of prepared forms along with instructions on your next steps.
Rules for Child Support in Kansas
Child support for minor children are calculated using the principles of the Income Shares Model. WIth this approach, the amount is calculated as a percentage based on the combined income of both parents. Furthermore, several other factors are taken into consideration when calculating the amount such as: the financial capabilities of each parent, the needs of both the child and parents, and physical and emotional state of the child.
Rules for Child Visitation in Kansas
Kansas courts are guided by the principle that a child should have frequent and continuous contact with both parents in order to maintain a positive emotional state. As a result, the courts recommend that the spouses create a detailed parenting plan containing a detailed description of exactly how much time the child will spend with each parent. If the parents are unable to reach a common decision, the court will make an independent decision.
Rules for Spousal Support in Kansas
Spousal support, also called alimony, is payment made from one spouse to the other during the process of divorce or after. The purpose of alimony is to help a dependent spouse to adjust to the new financial circumstances after the divorce. Financial support is usually awarded only for a certain period of time, until the spouse becomes financially independent. There are certain factors that are taken into consideration when the court makes a decision on alimony:
- Duration of marriage.
- The standard of living that the spouses had during the marriage.
- Presence of children.
- The income of each spouse and the possibility of employment.
- The contribution of each spouse to the comfort of the marriage.
Furthermore, the amount of alimony will vary depending on the financial situation of the spouses. Spousal support is usually paid monthly, but there are cases where the court will award a one-time payment.
Division of Property in Kansas
In Kansas, property is divided fairly between the two spouses; this however does not always mean equally. It is best if the couple can come to terms with the property division on their. However, if they are unable to come to an agreement, the court will make the decision by taking into consideration different factors such as: the age of both spouses, family responsibilities, financial situation of both spouses, and the duration of the marriage.
It is important to note that only common property will be divided. This is any property that was acquired during marriage. Any separate property, or property that was acquired separately before the marriage, will not divided. Property can also be mixed. For example, if one spouse opened a bank account before the marriage and the other spouse made contributions to it during the marriage, the bank account will be considered as mixed property. In cases like this, it will be difficult to determine how the property will be divided. If the couple has a difficult time dividing mixed property, the court will make the decision after careful examination.
Division of Debt in Kansas
If debts were acquired during the marriage, they should also be divided. This includes: mortgage loans, car loans, and credit card debts. Debts, just as for common property, should also be divided fairly. However, there are cases where the individual debt one spouse acquired during the marriage is higher than the other. In cases like this, the balance will be compensated in the form of adjustments to the amount of property awarded.
Divorce Mediation in Kansas
During the process of mediation, a third party helps the couple negotiate and come to terms on the issues of divorce. Although it is not required, the court may require parents to attend mediation if there are issues regarding minor children that need to be resolved.
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How to Divorce a Missing Spouse in Kansas
If you are unable to locate your spouse, you may notify your spouse of the divorce through a Divorce by Publication. This will only be granted by the court if you provide them with proof that you tried your best to locate your missing spouse, but still yielded no results.
If you are granted a Divorce by Publication, you will need to post a notice in the local newspaper regarding your intent to divorce once every week for 3 weeks. At the end of the period, the newspaper will provide you with a document that proves that you posted a notice for 3 weeks with the dates of their publication. This document must be handed to the judge.
Default Divorce in Kansas
If you fail to get in touch with your spouse or if they simply fail to respond to your request, you will still be granted a divorce in the form of a default divorce. As with any other type of divorce, you need to complete the necessary forms and file them with the court. Afterwards, you must serve your spouse with copies of the documents. If your spouse fails to respond to your request within 60 days and you provide proof to the court that you tried your best to get in contact with them, the court will grant a decree of divorce by default.
Grounds for a Default Divorce:
You can file for a divorce on the basis of any reason established by state law: both fault and no-fault. A default divorce will only be granted if your spouse fails or simply refuses to respond to your petition. If you provide the court with evidence of this, the court will issue you the divorce based on ground that your spouse failed to respond to your request.
Default vs No-Fault Divorce
Both default and no-fault divorces are available in Kansas. Both procedures dissolve the marriage and can be done quite quickly. The main difference between the two is the reasons for the divorce. In principle, a default divorce can also be obtained on the basis of no-fault grounds. For example, you originally wanted to file for a no-fault divorce so you prepared all the documents, filed them with the court, and sent copies to your spouse. However, your spouse failed to respond to your request and you tried your best to get in contact with them. In a case like this, your original request for a no-fault divorce will be recognized as a default divorce and the reason for the divorce will be that your spouse failed to respond back to you within the period of time established by the court.
Annulment of the Marriage in Kansas
If a marriage was concluded in violation of the law, then it is impossible to get a divorce, and it can only be annulled. Annulment of a marriage is a process that recognizes a marriage as it never existed. There are several grounds for annulment in Kansas:
- Insanity or severe psychological condition of one of the spouses that affected their ability to give voluntary consent at the time of marriage registration.
- Marriage was concluded fraudulently.
- Incurable impotence of one of the spouses.
- One of the spouses was not yet 18 years of age at the time of marriage.
- One of the spouses was too intoxicated or under the influence of narcotic substance to give consent at the time of marriage registration.
Legal Separation in Kansas
Legal separation is an alternative to divorce. Spouses can live separately and divide their property, but still remain married. Before the separation, the spouses must negotiate how they will divide their assets and liabilities, or the judge will make the decision. The spouses may file for divorce after legal separation if they wish to. The reasons for legal separation can be the same as for divorce: incompatibility between the spouses, mental illness of one of the spouses, refusal of one spouse to provide support, and others.
Same-Sex Divorce in Kansas
Same-sex marriage and divorce have been legal in Kansas since 2015. The process of divorce for same-sex couples is the same as in any other divorce cases: there must be valid grounds for the divorce and the spouses must agree and come to terms on all the issues. If they are unable to find common ground, the court will intervene and make a decision at its own discretion.
Military Divorce in Kansas
The divorce process with a spouse in the military differs slightly from the generals rules of divorce, but in general, they are quite similar. If the case of active service, the military spouse may often relocate, making it difficult to determine their state residency status. Thus, if they are serving in another state but wish to get a divorce in Kansas, they must have a strong desire to return back to and become a resident of Kansas after the end of their service. This is sufficient enough to satisfy the state’s residency requirements.
In addition, there is also a nuance in the law in regards to the division of property for military personnel. If the military spouse was in service for at least 10 years during the marriage, then the second spouse is entitled to receive up to 50% of their military pension. If this requirement is met, then a portion of the pension will be automatically transferred by the government to the other spouse.
How to Divorce a Spouse in a Jail in Kansas?
The procedure of divorce with a spouse in jail is similar to a regular divorce. You must comply with the state’s residency requirements and have grounds for divorce. In addition, you also file with a court decision on the basis of which your spouse is serving a sentence behind bars. After your case is registered, you must serve them with the required paperwork. Each prison has a different method to serve, so you should ask the jail where your spouse is residing in for clarification regarding this process. When the court hearing begins, your spouse is not required to be present, as they can be phoned in on the hearing or have their interests represented by a lawyer. The only case where the court requires their presence will be when they can be deprived of parental rights.
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Divorce Filing Fee
Court filing fees are in addition to the cost of using DivorceFiller.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
Can a Filing Fee Be Waived?
The filing fee may be waived if you are in a difficult financial situation. You will need to sign the waiver for court fees and provide proof of your difficult financial state to the court. The judge will then review the information and approve of your request.
How We Can Help
We can help you with all the issues and peculiarities of the document preparation stage of the divorce process in Kansas. We provide online documents preparation and consultation so that you have everything that you need in order to get your divorce approved by the court. We are always here to help, so reach out if you have any questions!
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