Kansas divorce details
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Uncontested VS Contested Divorce
Divorce is a word that can lead to horror. And in many cases this is true, especially if it is a contested divorce, when tons of money and time are spent on lawyers and court hearings. However, if you and your spouse are ready to leave emotions behind and work together to reach a compromise, then the divorce for you will pass quickly and painlessly. For a couple who are ready for cooperation, state legislation suggests filing for a pending divorce. In this case, it is possible to terminate the marriage 60 days after the filing of the claim with the court. The main essence of the uncontested divorce in Kansas is that the couple have nothing to divide in court. All their differences and disputes regarding the division of property, custody of children, the amount of financial support and any other disputes, spouse must resolve before the lawsuit is brought to court.
If you and your spouse have at least one unsolved issue, then your divorce will be contested and all disputable questions will be discussed by the court. If the uncontested divorce in Kansas can be obtained in 2 months, the contested divorce may be delayed by a year. The length of the marriage dissolution depends on how many disputable nuances it will be necessary to disassemble to court before making the final decision on divorce.
In addition, the cost of the contested divorce in Kansas averages $11,000. If the couple can not deal with the issue of the division of property, the cost of the divorce is increased to $15,400. And if the distribution of custody of underage children appears in the case, the divorce will be approximately $16,400. Agree that the amount is not small, while the uncontested divorce on average costs $200.
Uncontested Divorce in Kansas
If you want to terminate your marriage quickly and painlessly, then an uncontested divorce is what you need. For an uncontested divorce in Kansas, you and your spouse must make a compromise and come to a decision regarding the following moments:
- Grounds for divorce.
- Distribution of custody of minor children.
- The amount of financial support for underage children.
- Division of common property and debts.
- The amount and duration of alimony.
After that, you can file a petition in court. When your case is registered the court will set you a waiting period of at least 60 days. Once the period is over you have the right to ask the court for the first hearing, the final decision regarding the divorce can 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 between you and your spouse there are insurmountable disagreements 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 of the spouse or mental incapacity. However, if you want 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. Or the court will conduct an independent examination of the mental state of the spouse.
If you file for divorce because of insurmountable differences, it means that both spouses agree with the grounds for divorce, in other words no one accuses anyone of the fact that the marriage is broken. If you file for divorce on the basis of one of the fault reasons, then you will need to provide evidence to the court that the spouse is indeed guilty of a breach of marriage.
For an uncontested divorce in Kansas irreconcilable differences are good reasons, as these are no-fault grounds, and in this case, none of the spouses blame the other for the fact that the marriage broke up.
But state law also allows its citizens to file for divorce on the basis of the fault reasons, if both spouses agree with them.
If we generalize, then for an uncontested divorce, it is not so important what grounds led to the desire to dissolve the marriage, whether it is fault or no-fault. The main condition is that both spouses agree that the declared reasons are results of the destruction of the marriage.
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Kansas Residency Requirements to File for Divorce
If you want to divorce in Kansas, then you must comply with the state's requirements for accommodation. If your couple violates the state's requirement for residence, then you do not have legal rights to get a divorce in Kansas and the court will reject your case. And so, you have the right to sue in court, only provided that one of the spouses is a resident of the state for at least 60 days.
How to File for an Uncontested Divorce?
File the Petition for the court
First of all, you need to choose exactly the forms that suit the characteristics of your divorce, and then fill them. Please note that the forms must be filled in accordance with the requirements of the law, otherwise the court will not accept them. After that, you must file the completed forms in court, and the judicial clerk will give you the registration number.
Provide your spouse with all the required papers
After the judicial clerk has registered your case, you must provide copies of the documents to your spouse so that he or she can read the papers and, if necessary, file a response.
Provide the court with extra information
You must give the court all the written contractual arrangements that exist between you and your spouse. This includes reports on property, debts, the distribution of custody, the parenting plan, etc.
Sign up the Marital Settlement Agreement
It is a particular document, that stipulates that the spouses agree on all the issues, it also clarifies all the significant questions. You can find the sample of it on our website.
Get a Final Judgement
The final decree on uncontested divorce can be obtained as soon as 60 days after filing a lawsuit in court, if the judge makes sure that all your papers are correct and your common decisions are fair.
Do-It-Yourself Divorce in Kansas
Cases when a person represents his or her interests himself / herself in court are called Do-It-Yourself Divorce. This is an absolutely legal process and the Kansas courts allow this. At DIY divorce, the plaintiff independently fills out the forms and submits them to the court. After the case is registered by a judicial clerk, the plaintiff must provide copies of all the papers to his or her spouse. At the court hearings, the plaintiff has the right to independently represent his or her rights. Note that if an incorrect papers will be submitted to the court, the clerk will reject them. Thus, in the case of a DIY divorce, it is very important to fill out all the papers by yourself in accordance with state requirements.
How Much Does an Uncontested Divorce Cost in Kansas?
Uncontested divorce is quick and cheap way to terminate a marriage. In this case, you pay only for court fees and additional expenses as copies of documents and services of serving a spouse. But on average, the price of an uncontested divorce in Kansas is $200-300.
How Long Does It Take to Get Divorced in Kansas?
The duration of the contested divorce is difficult to predict, since time depends on the number of disputes between the spouses and their complexity. But it is not uncommon for a contested divorce to last for months or years. If we talk about uncontested divorce, then everything is simple. After filing documents, the spouses need to wait 60 days before the first meeting in the court, usually a divorce is granted at the first hearing.
How to serve your spouse in Kansas
Once your case is registered in court, you must provide a copy of all documents to your spouse. This can be done in ways set by Kansas. For example, if your spouse does not have a lawyer and he or she presents himself / herself in the court, then you can transfer the documents personally to him or her or send it by mail to the address where he or she resides. If your spouse uses the services of a lawyer in the process of divorce, then you must send copies of the papers to the office of the lawyer who conducts the case of your spouse.
You can also use the services of the sheriff in order to transfer all the necessary documents or send them through the first class mail.
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Papers and 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 such are in the marriage).
- Petition for Divorce (Without Children) or Petition for Divorce (With Children)
Two types of forms that reflect the presence of children in 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 relation to their underage children, which details the timing of the child's conduct with each parent, the areas of responsibility of the parents, as well as the financing of the child.
- Domestic Relations Affidavit
The document describing the situation in the family: the presence of children, property, financial situation of the parties. This Affidavit must be notarized.
- Entry of Appearance and Waiver of Service
A document signed by the defendant, which indicates that he or she waives formal service the divorce documents. Must be signed in the presence of a notary.
- Child Support Worksheet
A document certifying the amount of payments to a minor child, which is paid by that parent who does not have the main custodian rights.
- Notice of Final Hearing
The plaintiff must notify the defendant about the date of the final hearing.
Please note that you are suing only those papers that are appropriate to your circumstances. If you do not have children, then you do not need to fill out all the relevant forms.
Online Divorce in Kansas
Online Divorce is very popular now. This is highly convenient, because you do not need to understand the law or learn the nuances. With Online Divorce, you can prepare all the papers you need and do it in accordance with state requirements. Keep in mind that if you file the wrong forms or make mistakes in them, the court will reject your case. That's why many couples prefer to use Online Divorce services. It is also not so expensive. The price starts from $149 and in a couple of days you will receive all completed necessary forms, as well as instructions on your next steps.
Rules for Child Support in Kansas
In order to calculate the amount of financial support for an underage child, Kansas uses the principles of the Income Shares Model. With this approach, the amount is calculated on the basis of the income of the parents in proportion. Financial support is terminated when the child reaches 18 years of age. In addition, in order to accurately calculate the amount needed for the child, the court considers all the factors (not including adultery): the financial capabilities of the parents, the needs of the child and spouses, the physical and emotional state of the child and the financial capabilities of the child.
Rules for Child Visitation in Kansas
After the divorce of parents, children should not be in an oppressed emotional state and feel uncomfortable. Kansas courts are guided by the fact that the child must have frequent and continuous contact with each parent to maintain a positive emotional state. That is why the courts recommend that the spouses make a detailed parenting plan with a full description of how exactly and how much time the child will spend with each of the parents. The plan of visitation should meet the best interests of the child. If parents can not reach a common decision, then the court will independently deal with the issues of child visitation.
Rules for Spousal Support in Kansas
Financial support to the spouse is also called alimony, they can be paid from one spouse to another in the process of divorce or after the marriage is officially terminated. The purpose of alimony is to help a needy spouse to pass a divorce and adjust to new circumstances and life. Alimony in Kansas is not paid during the lifetime, usually financial support is provided for a certain period of time, until the spouse who receives them will become financially independent. Before deciding whether to pay alimony and if so, in what amount, the court will consider the following factors:
- Duration of marriage.
- The standard of living that the spouses had during the marriage.
- Presence of children in marriage.
- The income of each spouse and the possibility of employment.
- The contribution of each spouse to the maintenance of home comfort.
In addition, the amount of alimony will vary depending on the financial situation of the spouses. Usually, spousal support is paid monthly, but there are cases when the court awards a one-time payment.
Division of Property in Kansas
Legislation on the division of property varies in each state. In the case of Kansas, this is the state where the property should be divided fairly. However, this does not always mean that it will be divided equally. It is very good if the couple can agree on how and what should be divided after the divorce. But if the spouses can not come to this decision, the court will at its discretion share the property, analyzing some factors of marriage: the age of the spouses, family responsibilities, the financial situation of the spouses, the duration of the marriage, etc.
It is also very important to take into account the fact that you can divide only common property. For example, if you have a car that you bought before marriage, it will be considered a separate property and after the divorce will remain with you. So separate property can’t belong to division. Besides property can be mixed, for example, a bank account of one of the spouses was opened before marriage, but the second spouse made contributions to it during the marriage. Such an account will be considered a mixed property and it will be difficult to determine how it should be divided. If the spouses cannot agree in which proportion to share the mixed property, the court will make its decision, carefully studying all the circumstances of the marriage.
Division of Debt in Kansas
If during the marriage the spouses have acquired debts, then they should also be divided after the dissolution of the marriage. This includes: mortgage loans, car loans and credit card debts. Debts as well as common property should be divided fairly and honestly. But there are situations when, after marriage termination, the debt of one of the spouses exceeds the other, in such cases the spouse whose debt is higher can receive compensation in the form of property, i.e. he or she after the division will get more property.
Divorce Mediation in Kansas
Mediation is one of the most common services in the process of divorce. The third party is brought to solve the disputed issues of the spouses, especially if the family has underage children. Thus, the couple can at any time turn to the mediators for help to resolve their disputes. In some situations, the court may require parents to use mediation to make a decision that satisfies the best interests of the minor child.
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How to Divorce a Missing Spouse in Kansas
In case if you want to divorce, but do not know where your spouse is or he / she is hiding, then a Divorce by Publication comes into play. This is also legal in Kansas. In order to get a dissolve marriage with a spouse that you can’t find, you must provide evidence to the court that you did your best to find your partner, but your attempts did not bring any results.
Divorce by publication is called so because you need to post a note in a newspaper that is authorized by law to publish legal notices. This should be done once a week during 3 weeks. At the end of this period, the newspaper will provide you with a document that confirms the availability of your notices, as well as the dates of their publication. This paper must be handed to the judge.
Default Divorce in Kansas
You really want to divorce, but you can not communicate with your spouse, or he or she simply refuses to sign papers and does not respond to your request. In this case, you will still receive a divorce, which is called the default divorce. As with any other types of divorce, you fill out all the necessary papers that fit your circumstances, then register them in court. Once this is done you must send a copies to your spouse. If your spouse does not respond to your request within 60 days and you provided the court with proof that you did everything possible to contact your spouse, but did not receive any response, then after 60 days the court will provide you with a decree on divorce by default.
Grounds for the Default Divorce:
You can file for divorce on the basis of any reason established by state law: both fault and no-fault. But a divorce by default can be obtained only if your spouse does not answer you. For example, you apply for marriage dissolution because of irreconcilable differences, try to communicate with your spouse and serving him or her with copies, but he or she does not want to respond to your request and simply ignores all your attempts. If you provide the court with evidence of all your attempts that have not resulted in anything, the court will issue you a divorce based on the ground that your spouse in not responding on a request.
Default vs No-Fault Divorce
Both types of divorce are available in Kansas. Whichever both procedures dissolve the marriage and you can do it quickly enough. The difference here is only in 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 get a no-fault divorce, prepared all the documents and even filed them with the court, sent a copies to the spouse. But he or she does not want to ask on your request, even though you did everything you could to get an answer. In this case, your no-fault marriage termination will be transformed into a default divorce. And here the reason for the marriage dissolution is that your spouse didn’t give you an answer within the period established by the court.
Annulment of the Marriage in Kansas
Divorce is a legal process, as a result of which your marriage is terminated. But there are cases when the marriage is recognized as such that it never existed, because it had no legal rights. If the marriage was concluded in violation of the law, then in this case it is impossible to get a divorce, the marriage can only be annulled. In Kansas, the grounds for recognizing the marriage as invalid may be as follows:
- The insanity or severe psychological condition of one of the spouses during the marriage ceremony, while he or she could not give voluntary consent to the marriage.
- The marriage was concluded fraudulently.
- Incurable impotence of one of the spouses.
- One of the spouses was not yet 18 years old at the time of marriage.
- One of the spouses was in severe intoxication or under the influence of narcotic substance in the process of marriage.
Legal Separation in Kansas
Legal separation is an alternative to divorce. Spouses can legally reside separately, dividing their property, but still be married. Before separation, the spouses can talk about how they want to share their assets and liabilities, or the judge will do it. But in any case, the division must be fair. Spouses also have the right to negotiate until they are satisfied with the result of the division. In addition, after some time after a legal separation the spouses can get a divorce, if they want it. The reasons for legal separation can be exactly the same as for divorce: incompatibility of partners, mental illness of one of the spouses, refusal of the spouse to provide material support to his or her partner.
Same-Sex Divorce in Kansas
Same-sex marriages have been legal in Kansas since 2015, so they can also be terminated. The procedure for obtaining a divorce in same-sex marriage is the same as in the others. The couple should have grounds for divorce, they can be either fault or no-fault. If the spouses have a common property or debts, they should also be divided. If there are underage children in the family, the spouses must negotiate their guardianship. When the couple cannot come to a common agreement, the court intervenes and makes a decision at its own discretion, this may delay the process of divorce, so it's better for partners to agree before they sue the court.
Military Divorce in Kansas
The divorce rules for military personnel differ slightly from the general rules of divorce, but in general, they are similar. If both spouses or at least one are military servants in the family, then in order to obtain a divorce in Kansas, either of them must reside in the state for at least 60 days before the suit is filed with the court. In the case of active military who often change their location, it is difficult to determine which state's resident he or she is. Thus, if you are serving in another state but want to get a divorce in Kansas, you must have a strong desire and intention to return to the state and become a resident of Kansas after the end of the service. This is a sufficient condition to satisfy the state's requirements for accommodation.
In addition, there is also a nuance in the law for the military regarding the division of property. Thus, if the couple was married for at least 10 years and one of the spouses was in military service for 10 years during the marriage, the second spouse is entitled to receive a part (up to 50%) of his or her military pension. If the rule of 10 years is true, then part of the pension will automatically be transferred by the government to the account of the former spouse.
How to Divorce a Spouse in a Jail in Kansas?
Situations when one of the spouses is in prison is very painful and unbearable, but this does not mean that you need to continue living with it. State law allows you to get a divorce from your spouse, even if he or she is a prisoner. The procedure is similar to a regular divorce. You need to comply with the state's requirements for residents, have grounds for ending the marriage and apply for divorce in court. 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 need to send copies to your spouse. Each prison has different ways of serving, but you can ask the leadership of the jail where your spouse is, to help you with this matter. When the hearing begins on your case, your spouse does not need to be present in court, he or she can be in the telephone or his / her rights will be protected by a lawyer. The only case when the court requires the presence of a convicted spouse - when he or she can be deprived of parental rights.
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Divorce Filing Fee
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Can a Filing Fee Be Waived?
When you file documents with a court, you must pay a court fee. However, if it is hard for you and you are in a difficult financial situation, you can fill out a form asking the judge to cancel the fee for you. If the judge makes sure that you can not pay the filing fee, it will be waived for you.
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