How to file for divorce in Kansas.
Steps to filing a divorce in Kansas.
The seven steps to filing a divorce in Kansas include 1) talk with your spouse and family 2) hire a divorce attorney 3) declare an appropriate grounds for divorce 4) complete the appropriate forms and pay the required fees 5) file a petition for divorce 6) negotiate a settlement 7) final divorce decree and marital settlement agreement.
As a Kansas family law firm with the appropriate education and years of experience we understand the divorce process can be a difficult and overwhelming experience.
That's we explain the seven steps below in detail. We want you to have an understanding of a typical divorce process. There are variables in these seven steps that will apply to you as an unique individual. We want to help you avoid the traps and pitfalls during a divorce that's why it is important to hire a divorce attorney early in the process.
1. Talk With Your Spouse And Family.
Talk with your spouse, talk with your pastor, talk with a family member. It’s a big life decision. But if you feel like it may be the right thing for you, make an appointment and call to talk with an attorney at (620) 266-1233.
2. Hire A Kansas Divorce Lawyer.
This is one of the most important events in your life. Take some time to meet with Josh Boehm for a consultation. During this consultation be sure that your personalities will match and expectations are set so you feel comfortable and well educated about the process.
It is important to know a lawyer can only represent one side. But, both parties don’t have to have their own lawyer. The person with a lawyer can file for divorce and have their attorney draft the settlement agreement. The other person is acting “pro se,” and cannot receive legal advice from the other party’s attorney.
While an attorney is only representing one party, it is possible for a divorce to go through.
3. Declare An Appropriate Ground For Divorce.
In the initial paperwork, you must provide a ground for requesting a divorce.
Kansas recognizes both “no-fault” and “fault” grounds for divorce.
No fault means you and your spouse are no longer compatible.
Fault means failure to perform a material marital duty or obligation or incompatibility by reason of mental illness or mental incapacity of one or both spouses.
4. Complete The Appropriate Forms And Pay The Required Fee(S).
You will need to complete the appropriate forms. These forms may include Civil Cover Sheet, Domestic Relations Affidavit, Motion for Temporary Orders and Petition for Divorce. If you have children you will also need to complete a Parenting Plan.
5. File A Petition For Divorce.
The parties to a divorce action are called the “petitioner” (the spouse that files for divorce) and the “respondent” (the other spouse who must file an answer to the petition).
The petitioner or respondent in an action for divorce must have been an actual resident of the state for 60 days immediately preceding the filing of the petition.
Notify your spouse. Once the Respondent has been served, he or she must then file a response with the same court. The respondent typically has 21-30 days to answer. Once this response has been filed, the couple must wait 60 days before they can go to trial.
6. Negotiate A Settlement.
Lawyers begin requesting “Discovery” from each other, which can include providing pay stubs, tax returns, retirement statements, home appraisals, mortgage statements, personal property appraisals.
You are entitled to get a very detailed accounting of financial and property information from an opposing party, as well as their opinions and calculation regarding the award of child custody and child support.
Typically during this time, both parties will create a settlement agreement. This agreement includes division of the marital assets, spousal maintenance, child custody and child support. If the agreement is considered fair the court will approve and include the agreement into the divorce decree after the 60 day waiting period.
7. Final Divorce Decree And Marital Settlement Agreement.
If the petitioner and respondent can come to an agreement there probably won't be any need for a contested hearing.
When children are involved a parenting plan detailing custody and physical time spent with each parent will be included.
Both parties have 30 days to appeal the divorce decree. You will be unable to marry until the 30 days have lapsed.
If you live in Wichita or the central Kansas area and need a divorce lawyer contact us immediately at (620) 266-1233
You can also contact us at our Abilene, Kansas office (785) 571-0900