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Divorce in Montgomery County
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Online Divorce in Montgomery County
Please note: OnlineDivorce.com in Montgomery County, Kansas, is a divorce document preparation service, not a law firm. Online Divorce is not eligible to provide legal advice. All the information below is for informational purposes only.
The state of Kansas ensures that those spouses who are seeking divorce can do it in a fast and inexpensive way if they agree to have no contest over child custody, support, and property division. Then they can proceed without a lawyer and thus cut down on expenses. To do so, divorcing couples may use the services of divorce document preparation companies such as OnlineDivorce.com available in Montgomery County, Kansas.
If you are about to have a simple divorce, you can find necessary information online and handle your own divorce without expensive legal representation. Not having any experience in filing civil cases, you may want to have some assistance in finding the required forms and filing them correctly. OnlineDivorce.com provides not only state-specific divorce forms and easy to use instructions but also preliminary knowledge of the divorce process to avoid delays and additional expenses.
Although divorce in Montgomery County should not necessarily be lengthy and difficult, divorcing couples often find it stressful to pick the correct forms and understand all the specificities of the divorce proceedings. That is why some guidance and assistance in sifting through the abundance of information on the Internet is helpful. OnlineDivorce.com is eager to provide it for divorcing couples in Montgomery County, KS, as we have extensive experience in affordable Kansas divorces.
To get a divorce in Montgomery County, you must fill out state-specific divorce court forms and file them with the local courthouse. Answer a questionnaire to make sure your case qualifies for an uncontested divorce and OnlineDivorce.com will get you printable forms and detailed filing instructions.
Dealing with all the formalities of an impending divorce can be overwhelming but with the assistance of OnlineDivorce.com, the process can be much less stressful and tedious. In fact, it is quicker and easier than if you do it on your own. By using the online divorce documents preparation services of OnlineDivorce.com, you will also get access to a Self-Help guide to a DIY uncontested divorce with all the required steps in the timeline and helpful Q-As.
Let us help you with your divorce and start your divorce in Montgomery County online now.
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Valid grounds to get divorce in Montgomery County
Kansas recognizes both no-fault and fault-based divorces. This means that depending on the situation of your marriage, you can choose the divorce “grounds” as either incompatibility, failure to perform a material marital duty, or mental illness (for more on legal reasons for a Kansas divorce see the Kan. Stat. Ann. § 23-2701).
However, any fault-based ground for divorce requires proof to be presented before the court. For example, mental illness can be used as a ground for divorce (1) if one spouse was hospitalized in a mental institution over 2 years; or (2) if the court adjudicated one spouse as mentally ill during the hospitalization for mental illness. Besides this, the court will require testimonies of 3 doctors (for more detail see the Kan. Stat. Ann. § 23-2701).
That is the reason why the majority of divorcing couples in Montgomery County, KS cite incompatibility or irreparable differences which do not put either spouse at fault.
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Although sole custody is still awarded in Montgomery County courts, the majority of judges seek to award joint custody if both parents are willing to share it and if the family has no history of abuse or other negating circumstances.
Before the court can make any decision on child custody, it will take into consideration a large number of factors.
First and foremost, courts in Montgomery County hold the best interests of the child in the highest regard when determining legal custody, residency, and parenting time, as is detailed in Kan. Stat. Ann. § 23-3201 (2020).
Next, according to Kan. Stat. Ann. § 23-3202 (2020), the court reviews a parenting plan the parents have submitted for the court, stating their desires and intentions regarding the child.
If the parent’s custody agreement fits with the best interests of the child, as the court sees it, the court will approve the plan. If the judge finds contradictions to the best interests of the child, he or she will make a different order regarding child custody.
When determining legal custody, residency, and parenting time in Montgomery County custody cases, the court examines the following factors, as stated in the Kan. Stat. Ann. § 23-3203 (2020):
The child’s age and desires
The child’s emotional and physical needs
Each parent’s involvement and relationship with the child
Each parent’s respect regarding the other parent-child relationship and bond
How well the child has adapted to the community, school, and home
How well each parent is capable of communication and cooperation in carrying out parental duties
Each parent’s work schedule
The child’s education and extracurricular schedule
Other relevant factors
Overall, courts in Montgomery County seek to help parents successfully share legal custody, come up with the most convenient living arrangements, and not violate the rights of the non-custodial parent for parenting time and visitation.
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Rules for child support in Montgomery County
The parents’ decision to get divorced should not compromise the child’s education and support. For this purpose, a Montgomery County court follows the Kansas child support guidelines adopted by the Supreme Court pursuant to the Kan. Stat. Ann. 20-165.
Following the idea that a child should get as much financial support from both parents as if they are not divorced, Kansas child support guidelines use the Income Shares Model when estimating the amount of potential support to be paid by both parents divided proportionally between the parents according to each parent's income. For this, each parent submits a Kansas child support worksheet. Typically, the parent who earns more pays more in child support, regardless of whether he or she is a custodial or non-custodial parent.
In addition to the parents’ gross incomes, the court also considers the child’s needs, the number of children each parent has together and separate from each other, custodial arrangements, and other relevant factors.
In Montgomery County, child support is paid until the child reaches 18 years of age (see the Kan. Stat. Ann. § 23-3001 (2020)). However, both parents can agree and get approval from the court to continue support payments beyond that age or until the child graduates from school. If the child turns 18 in the middle of the school year, the parents cannot stop child support until the child graduates high school.
As soon as any parent is willing to request or modify child support, she or he must file a motion with the court, submitting a domestic relations affidavit and proposed child support worksheet. The court’s clerk can provide the necessary forms to complete.
Rules for spousal support in Montgomery County
Referred to as alimony or maintenance in Kansas, spousal support can be awarded to either spouse “in an amount the court finds to be fair, just and equitable under the circumstances” (see the Kan. Stat. Ann. § 23-2902 (2020)).
Paid “in a lump sum, in periodic payments, on a percentage of earnings or on any other basis,” spousal support in Montgomery County cannot go over the period of 121 months (see the Kan. Stat. Ann. § 23-2904 (2020)). If there is a need to reinstate spousal support, a motion must be filed. However, the court again cannot order spousal support to be paid longer than 121 months.
The state of Kansas does not provide spousal support guidelines but counties can develop some on their own. Overall, when ruling in alimony cases, Montgomery County judges take a number of relevant factors into consideration before they come up with the amount of and the duration of alimony including:
each spouse's income;
the value of each spouse's assets;
the length of the marriage;
and each spouse’s employability and ability to work.
As soon as any party files a motion to modify the amount of spousal support on the basis of a “substantial change in circumstances of either party,” such as a decrease in income, unemployment, etc., the court reviews it.
Calculate the amount of spousal support in Montgomery County here.
Uncontested Montgomery County divorce with children
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Property division in Montgomery County
Usually, Montgomery County courts divide assets and property according to the spouses’ wishes. As soon as a divorcing couple submits a settlement agreement, the judge reviews it and approves it if it is done fairly and reasonably.
If, however, the divorcing spouses are unable to reach an agreement on property division, the court handles it before a divorce can get finalized.
As an equitable distribution state, Kansas considers all property and debts as marital property. However, inheritance and gifts are considered separate property and are not subject to division of assets.
According to Kan. Stat. Ann. § 23-2802 (2020), when dividing property equitably, Montgomery County courts consider the age of the spouses, how long they have been married, how much they are earning now and in the future, how each piece of property was acquired, whether each spouse is to pay alimony and/or take care of a family, the tax consequences of the property division for each spouse, and any other relevant factors for the court.
In some difficult cases (a lot of property, commingling, etc.), the divorce case can be made easier by hiring experts. Professional appraisers can help determine the precise value of any property, including the family home, while financial professionals can help with dealing with retirement accounts.
Mediation support in Montgomery County
In Montgomery County, mediation and counseling are optional. Occasionally, the court may require a couple to undergo mediation. Divorcing couples can refuse mediation and counseling if it goes against their religious practices. However, mediation can significantly cut down the cost of divorce, especially if there are contested issues.
How to file for divorce in Montgomery County | Step-by-Step
Check out your eligibility. Residence requirements. You are eligible to file in Montgomery County if either you or your spouse has lived in the state for at least 60 days (see the Kan. Stat. Ann. § 23-2703 (2020)). Where to file. In a Do-It-Yourself divorce, it is up to the petitioner to find out where to file. Referred to as a ‘venue’ in Kansas, a district court in Montgomery County where either spouse lives can be found at a court locator page.
Obtain and fill out the forms. The correct Kansas divorce forms can be found either at a local district court or downloaded from OnlineDivorce.com. If you have minor children, make sure you get the set of forms for a petitioner with children. Fill out the forms and make at least two copies of each, unless more is required. Clarify with the court’s clerk.
File the forms with the court’s clerk. Bring the completed forms to the courthouse in Montgomery County and file them with the court’s clerk. The clerk gives your divorce case a number and stamps the copies. You leave one copy for yourself while the other goes to your spouse. Next, pay a filing fee. In civil actions, each piece of paperwork is filed for a small fee. Ask the court’s clerk if you can request to waive the filing fees. It is possible to file a poverty affidavit and receive a fee waiver to put a hold on the fee payment until the end of your divorce.
Serve your spouse. The second copy of the divorce paperwork is to be served on the other spouse. If you are having an amicable divorce and your spouse is cooperative, any family member (except for the children) or a friend can deliver the divorce documents to your spouse. In other cases, you can arrange service through official means such as a professional server or a sheriff’s office. This is an important step in a divorce process because even in a case where your spouse is missing you can still have an uncontested divorce. If you cannot locate your spouse and have tried all available means of serving, request approval from the court for service by publication. The court requires a response from the respondent (the other spouse). If the respondent files a counterclaim, it can take the court longer than the waiting period of 60 days to sort out the contested issues between the spouses. If the respondent fails to respond at all, the court is allowed to enter a default judgment.
Wait 60 days and complete all the paperwork. When all the initial paperwork has been filed, the court will schedule a final hearing date not earlier than 60 days after filing for a divorce. Make sure your spouse knows the date of the final hearing and double-check all that all required paperwork is filed. The finalization of a divorce will be quicker if you and your spouse submit a settlement agreement with all issues handled, such as child support, child custody, alimony, and division of property.
Attend a final hearing. At a final hearing, the judge will review the paperwork and ask questions. If all the paperwork is complete and the settlement agreement is done in the best interests of the children and is overall formalized equally and fairly, the judge will sign a decree of divorce without listening to the couple’s testimony. If after the finalization of divorce either of you does not agree with the final divorce order and wants to appeal, it can be done at the Kansas Court of Appeals or the Kansas Supreme Court.
Offline and inconvenient process with attorney representation for each spouse. Costly attorney
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Attorney availability impacts completion time
Each spouse has to hire an attorney, which automatically doubles legal costs
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Filing fees for divorce in Montgomery County
If the petitioner wants to file for a fee waiver in Montgomery County, they can file a Poverty Affidavit alongside the Divorce Petition.
Otherwise, the petitioner pays a filing fee of around $178.00.
How long will it take?
Given the mandatory 60-day waiting period in Kansas, on average a divorce in Montgomery County cannot be finalized sooner than 2 months after filing for divorce.
The fastest way to get a divorce in Montgomery County is for spouses to settle on custody, support, and property within the waiting period.
Definitely, the longer it takes the spouses to resolve all the divorce-related issues, the longer it will take the court to finalize a divorce. To make matters faster, divorcing couples are strongly encouraged to use some professional help, for example, mediation or legal representation.
Filing for divorce in Montgomery County | Frequently Asked Questions
How much does a divorce cost in Montgomery County, KS? If you did not obtain the right to waive all filing fees and court expenses, here is a list of possible divorce costs in Montgomery County:
The filing fee for a divorce petition $178
The filing fee for motions, requests, etc. $5-$10 each
The sheriff service fee $15.00
Mediator fee starting from $150 per hour
Real estate appraisal fee starting from $300 (depending on the type and amount of property)
Depending on the complexity of a divorce case, it can cost as little as under $300 or as much as $1,500-$2,000. The easiest way to get done with a divorce is to hire a professional attorney for each spouse and get them to do all the divorce paperwork, but this will significantly raise the price of the divorce. Additionally, it is a common practice for Montgomery County courts to award costs and attorney fees to one of the spouses according to the conventions of justice and equity, as is written in the Kan. Stat. Ann. § 23-2715.
How to file for divorce in Montgomery County, KS without a lawyer? First, you need to understand the divorce process in Kansas. Local district courthouses have self-help centers and contacts of legal aid and law clinics who can take some cases pro bono. Also, consider the use of online document preparation services, such as OnlineDivorce.com, that provide divorcing couples with comprehensive guides on uncontested divorce in Montgomery County. Second, you need to make sure you meet the residency requirements and can come up with grounds for divorce. Finally, you complete the required forms and file them with a local district court in Montgomery County.
What forms are required for an uncontested divorce in Montgomery County, KS? When you are completing a Petition for Divorce and Summons, you will be required to submit the following forms:
Vital Statistics Worksheet
Decree of Divorce
Domestic Relations Affidavit
Notice of Final Hearing
Certificate of Divorce
For a divorce with minor children, you will also have to file:
Child Support Worksheet
Proof of completion of parental education classes
Can I file for legal separation in Montgomery County, KS? Yes, a legal separation procedure is similar to a divorce but it does not dissolve the marriage. File the corresponding paperwork with a local district court and resolve associated issues accordingly.
When is it allowed to remarry after a divorce? Kansas has a 30-day waiting time for remarriage after the finalization of the divorce. This means that you can remarry on the 31st day after the Divorce Decree is filed with the clerk of the district court in Montgomery County.
Divorce in Montgomery County online
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Here is how OnlineDivorce.com makes completing divorce papers easier:
We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
We guarantee 100% court approval on divorce papers prepared through our website or your money back - we have 21 years of experience in completing divorce forms so clients can be sure the court will accept their documents without issues.
Divorce Courts in Montgomery County, Kansas
Montgomery County District Court
Hon F William Cullins,Hon Gary House,Hon Jeffrey Gossard
300 E Main St Suite 201, Independence, Kansas 67301
(620) 330 1070
(620) 331 6120
Montgomery County District Court
Hon F William Cullins,Hon Gary House,Hon Jeffrey Gossard
With a contested divorce, spouses will have to go through numerous steps before the divorce is finalized, including:
prepare, file, and serve (deliver) the divorce petition
respond to the petition
interview and hire an attorney
pre-trial legal motions and hearings
settlement proposals and negotiations between attorneys
if settlement fails, prepare for and complete a court trial
appeal, if you dispute the trial judge’s decision(s)
Prepare to pay exorbitant attorney's fees - at least $2000-3000 depending on your case’s complexity.
Hourly rates vary with different attorneys and average $250-300 per hour. In rural areas, attorneys
may charge less. However, if you live in a large city, local attorneys may charge up to $1000 per hour.
At first glance, using such sites may look like an easy way to go, but it may turn into additional
headaches for you. Some of the issues you may experience when dealing with basic online divorce
long processing times - do you like waiting?
inexperienced and poorly-trained customer support
not user-friendly technology
lack of guidance during the process
hidden fees, e.g., for any, even the simplest, revisions
outdated divorce forms causing court rejection
Did you know that some online divorce providers have virtual addresses in the US because they are
based in other countries? No wonder some clients are provided with outdated divorce forms that will
be rejected by the court. The result? Those people lose their time and money because these
unprofessional services do not keep their state forms up-to-date.
Beware of fake reviews: with no experience and lack of quality service, some sites post reviews by non-existent "customers".
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