Kansas Divorce Procedures

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Marriage is a happy occasion in anyone's life, where two souls take vows of staying together for their entire life. But sometimes, due to certain unavoidable circumstances and human errors, relationships are broken. Individuals prefer to get divorced so that they can look forward to a happy future. This becomes possible when an individual thinks quite practically regarding the divorce, consult an attorney regarding all the considerations, and follow the procedures honestly. This is true about any person residing in any state. Kansas in USA has formed its own divorce statute. Kansas divorce procedures are to be strictly followed if someone wants to fight his/ her case in Kansas.

The various steps and processes involved in Kansas divorce can be elaborated as follows:

Kansas Divorce Procedure regarding Petition

In Kansas, the person, who files the Petition is known as Petitioner not Plaintiff. Similarly, the person, who serves the Petition, is termed as Respondent and not Defendant. The first step in the divorce is that the Petitioner files a Petition with the court clerk. The caption of this document should read - In the Matter of the Marriage of (petitioner's name) and (defendant's name). The Petition should include the following information:

  • The date and location of the marriage
  • Grounds of divorce as stated by the Petitioner
  • Whether a divorce or annulment or separate maintenance is being sought
  • If the Petitioner desires a divorce, the Petition must state that the petitioner has resided in this state for minimum 60 days before the petition was filed
  • Name, date of birth, present postal address of any child or children ( if applicable), and the postal address where the children have resided for the last 5 years
  • The names and postal addresses of the individuals with whom the children have resided for the previous 5 years
  • Information whether the Petitioner was involved in any other lawsuit regarding the custody of his or her children in any state in the United States
  • If the Petitioner has any information about the custody litigation of children that is pending in any court in the United States, then the Petitioner must divulge this information
  • If the Petitioner has relevant data pertaining to any person, who is not a party in the divorce action and claims visitation rights of the children, or has physical custody of the children, then the Petitioner must reveal this data

Fees related to Kansas Divorce Procedure

When the Petition is filed with the court clerk, it is expected that the Petitioner should pay the docket fee. In July 2005, this filing fee was 111 USD. In case, it is not possible to disburse the filing fee, then the Petition has the option of filing the affidavit of poverty.

Although the affidavit is filed and this has resulted in non-payment of the filing fee, the Petitioner must bear in mind that the court might demand this amount of money when the divorce is granted. The court might order any party to pay the filing fee, or order each divorcing partner to disburse a percentage of the fee.

Duration of Kansas Divorce Procedure

After the Petition is filed, there is a waiting period of 60 days in this state, except when there is an emergency, where the intention behind this waiting period is to provide the divorcing partners with an opportunity to discuss the details of any agreement.

The factors that decide the duration of the divorce procedure are as follows:

  • Completion of statutory waiting period
  • Existence of any emergency
  • The failure or success of the divorcing partners in resolving the issues of the divorce
  • The court calendar

Agreed Divorce and Default Divorce Process

If you are yet to decide about your divorce, you must know the two types of divorce that are laid down by Kansas divorce laws. You can go for an agreed divorce, where you and your partner needs to agree on the terms of divorce. Default divorce happens when the respondent does not respond to the divorce at all.

Kansas divorce procedures do not end with this information. There are a number of different divorce processes which are executed according to the necessity of a case. We have tried to club the basic divorce procedures that you have to follow once you file for a case in any county within Kansas.

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