Kansas Divorce Steps

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A divorce is a legal term that explains an ending of a marriage. It has many reasons like incompatibility, adultery, domestic violence, etc. Every county in Kansas has different rules for trial of divorce petition. But, there is generalized rule that a person should be a resident of state at least for two months before filing a petition. An applicant can file a case in the county in which or he or she resides. Otherwise, a county in which a spouse resides can be chosen for that. Some aspects of Kansas divorce steps are as follows.

The first step in a divorce is to file a Petition. Generally, there is no advantage either to the Petitioner or the Respondent on the basis of who has filed the Petition. Sometimes, the Petitioner tries for temporary support for self as well as the minor children. If this is the case, then the Petitioner must file a Motion for Temporary Support along with the Petition. Along with these two documents, there must be a Domestic Relations Affidavit. This document comprises of the following data:

• The incomes of the divorcing partners
• The number and ages of the minor children
• The monthly debts and expenses of the divorcing partners
• What amount of support is the Petitioner requesting to fulfill his or her needs?

Kansas Divorce Steps related to Service of the documents

If the partner is not involved in the initial process of a divorce, he or she should be informed by a petitioner that such case has been filed. This is known as a service of documents. The details are as below:

• The Petitioner mails the relevant documents to the Respondent. Along with these documents, there exists a written receipt known as Entry of Appearance. When the Respondent receives the documents, he or she is expected to sign the Entry of Appearance. When the Respondent signs this Entry, two meanings can be derived as follows:
  • The Respondent may or may not agree to the request in the relevant documents
  • The court has jurisdiction over both the divorcing partners
• The post office (by means of restricted mail) or the process server or the Sheriff can deliver the relevant documents to the Respondent. Such a Respondent is allotted twenty or thirty days, during which he or she should file an Answer to the Petition.

Kansas Divorce Steps pertaining to Restraint Orders

Restraint orders are also known as orders of protection from a spouse. They are often requested in cases of history of violent or life-threatening behavior of the spouse. Such orders are mandatory on that spouse which may keep him away from the property and children till the final decree of a divorce is announced:

• Consider that the Petitioner expects harassment and fear from the Respondent as the Petition for Divorce has been filed
• In such a scenario, the Petitioner can request the court to issue Restraint Orders. As per these orders, the following steps are taken:
  • The Petitioner is offered exclusive possession of the current residence that is property
  • The Respondent is prohibited from entering this current residence, unless the Respondent desires to remove personal clothing
  • Both the Petitioner and the Respondent are expected to exercise restraint from abusing or harassing one another
• The Sheriff serves the Restraint Orders (along with the Petition and Temporary Support Orders) to the Respondent

Factors affecting the timing of divorce steps:

• The expiration of the statutory waiting period of sixty days from the date of filing of the Petition
• Presence of an emergency like a death of one of the parties
• The issues of calendar of the court
• The success or failure of the divorcing parties in resolution of the divorce topics
• The failure to reach a final agreement

Kansas divorce steps about disbursing filing fee

A divorce can be expensive and time-consuming if it is a contested one. The total fees regarding a petition will increase as the number of appeals increase. Some important facts about filing fees are:

• When the Petitioner files the Petition and other documents, he or she must pay the docket fee (in this state, in April 2005, this fee was 111 USD)
• If the Petitioner does not have money to pay this fee, he or she can file an Affidavit of Poverty
• When the court grants the divorce, it might collect this fee in one of the following two ways
  • From any one partner
  • By ordering both the partners to disburse a percentage of the fee

So, here is brief information about steps that to betaken while getting divorced from the spouse in Kansas. The specifications of these procedures may vary depending on the nature of a divorce petition.

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