Divorce papers in Kansas — filing for divorce in KS

Online divorce in Kansas

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How to get divorce in Kansas

Online Divorce provides qualitative and approved by the court Kansas divorce papers. The information below will help you understand more about the divorce in Kansas. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Kansas. We guarantee that in a short time you will receive the correct Kansas divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.

Below you can find common steps of how to get a divorce in Kansas:

1

If you want to file for divorce in Kansas you or your spouse have to be a Kansas resident.

2

You need to agree with your spouse about some very important issues such as division of your property, who will take care about a child or children, how much child support will be paid, how much spousal support will be paid, etc.

3

You need to sign a Divorce agreement. You can invite your attorney and in his/her present sign this document with your spouse.

4

5. When you filled all the relevant divorce documents you need to file them to the court.

5

When your documents are accepted by the court you have to wait for at least 60 days until the court grant you a divorce.

6

You have to fill all the necessary forms such as Civil Information sheet, Petition for divorce, Summons, Parenting Plan, Domestic Relations Affidavit, Child Support Worksheet, Decree of Divorce, Certificate of Divorce, Notice of Final Hearing, etc. You have to remember that you should not fill all the forms, but only those that are relevant to your case.

This is very difficult to understand whether you need this or that form and it is even more difficult to fill all the forms correctly. If a person does not fill the forms with all the accuracy and/or does not fill forms relavant to his/her case, the court may not accept the documents and a person will have to fill the forms again.

Online divorce knows this problems and it is always ready to help you with:

  • Choosing appropriate Kansas divorce form documents that correspond to your divorce case;
  • Filling these documents out according to the Kansas law;
  • Saving your time for all the divorce issues;
  • Saving your money you are going to spend for an attorney.

Residency:

Sometimes people believe they need to divorce in the state where they had a wedding ceremony, but this is simply not true. You can file for a divorce in the state where you or your husband lives. Each state has its own laws and you need to know this law in order to file to the local court and prevent your case from being dismissed.

According to the Kansas law you need to stay in Kansas for at least 60 days if you want to file for divorce in local courts.

If you are military you have to be a resident of Kansas or to stay in military reservation within the state for 60 days in order to file for a divorce in this state.

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Valid grounds to get divorce in Kansas

Kansas flag
#1

The first reason you can divorce in Kansas is when you spouse does not perform a material marital duty. It means he/she does not bring money home and spend money for his/her own needs like casino, bars, clothes and other things.

#2

The second reason to get a divorce in Kansas is when your spouse is mentally ill. But you have to prove it and your partner need to be ill for 2 years period. Also at least 3 physicians have to confirm that your spouse has poor chances to recover in the nearest future.

#3

Incompatibility. You have to prove that you and your spouse are totally different and can’t live together any long due to broken relationships and a lot of misunderstandings.

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Annulment of the marriage in Kansas

There are a lot of people who does not want to divorce due to some of their religious or moral beliefs, but they do not want to live with their spouse too as it is difficult for both of them. In this cases they are looking for some alternatives. Annulment it is a nice way to avoid a divorce.

When you annul your marriage you prove that your marriage was not legal. That is why in the end when you get an annulment the court proclaims that your marriage has never ever existed.

It is important to add that annulment does not fit for all people and you need to meet some specific requirements in order to get it. Here are a list of cases when your marriage is considered as void:

  • Your and/or your spouse were underage when you had a wedding ceremony. If you were under age of 15 or 15 years old and did not get juridical consent, or you were 16 or 17 years old and did not get parents or guardian permission for it.
  • You and/or your spouse were married with another person when you entered marriage. Bigamy is prohibited in Kansas.
  • Your marriage is void when it was induced by fraud.
  • Marriage between close relatives 9 father, mother, brothers, sisters, aunt, uncle, nephew, niece, etc) is considered as void.
  • Marriage was induced by mistake.
  • Marriage was induced when a spouse had lack of knowledge of a material fact.
  • One spouse lied or did not tell the other spouse about some important fact in his/her life such as an incurable disease, drug or alcohol addiction, pregnancy, etc.
  • One spouse has impotence and another wants children.
  • Any other reasons the court may consider as important and appropriate for annulment.

Legal separation

In the USA a lot of people start living apart in marriage and think that they are separated. But this is not true. According to the Kansas state law you need to apply for a legal separation in order to receive child support, spousal support, etc.

Once you decided to file for legal separation you need to discuss with your partner and sign separate maintenance agreement. In this document you have to state all the important issues concerning property division, child care, child support, spousal support or alimony and other things.

Thus can be very detailed document, because you can add some essential issues about your child upbringing, whether a parent can or can’t smoke in front of a child, what school a child will attend, visitations days or hours, etc. the difference between a legal separation and a divorce is that legally separated partners are still married and it gives them a second chance for reconciliation and life together. On the other hand, divorce in Kansas allows spouses to marry another person as the marriage is over.

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Custody of the child in Kansas

Custody of the child

The most states in the USA consider custody of a child according to the best interests of a child. The Kansas state is not an exception. So the decision about your child custody and visitation will be based of the following factors:

  • Your child wishes to be with the parent.
  • Parents wishes about child’s custody and visitation (if you do not have a desire to have a sole custody of your child the court most likely will allow you to visit it).
  • Child’s adjustment to the community, home, neighbours, school.
  • Ability of each parent to raise a child.
  • Mental and physical health of each parent.
  • Any history of alcohol or drug addiction.
  • Any history of domestic violence.
  • Relationship of a child with family members such as brothers, sisters, grandmother, grandfather, aunt, etc.
  • Willingness of each parent to let the other parent to see a child.
  • General atmosphere in a family.
  • Any other factors the court may consider as important for a child’s life.

In addition there is a parenting plan you need to follow. This is a document where you can see who has a custody of a child, who is allowed to visit a child and when, a schedule of each child with a parent, etc. If you have minor children, you have to apply for a parenting plan.

Your child can’t decide whether to be with a father or a mother, because the court always decides what is better for better for him/her and this decision in based on a child’s best interests. But it is fair to add that is your child is a teenager his/her wishes will have more value for a court than a two-year-old boy or girl words.

Sometimes the court can limit visitations hours or order a supervised visitation. This is because visiting a parent cause a damage of child’s physical, emotional and moral health.

That is why you should be very careful with a child and do not make a pressure on him/her.

Divorce is harmful for children as they want to see mom and dad together every day. Most of times children feel themselves guilty because of the divorce of the parents. Try to explain to your child that he or she is not guilty and that it was a decision of the adults. It is important for your child to know that both of you, mother and father, love him/her and you will do everything to be there for him/her.

Rules for child support in Kansas

When you divorce in Kansas and you have a child or children it is good to think about child support. It is not a secret that parents need to provide food, clothes, shelter, education for their children. Sometimes it is very difficult for one partner to earn enough money while he/she care about a child or children. That is why child support helps to cover general expenses for raising a child.

Unfortunately some parent do not want to pay child support. In this cases according to the Kansas law the court may enforce a parent to pay it.

In Kansas there is a special service called CSE (Child Support enforcement) which has their methods how to make a parent to pay a child support. Some of methods are: passport denial, driver’s licence restriction, credit bureau reporting, an income withholding order, etc.

Here is a common calculation of a child support (when an income of a parent is 6000 $ or less):

 

1 child

17% of income

 

2 children

25% of income

 

3 children

29% of income

 

4 children

31% of income

 

5 children or more

34% of income

If your ex-spouse disappeared and do not pay child support, you can also find him with the help of CSE. Child Support Enforcement will try to reach your ex-spouse even if he is in another state. It is possible to do as he/she may fill some hiring forms or send some tax documents, cell phone may also be helpful in your ex detection, if you know some detailed information about his/her phone.

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Rules for spousal support in Kansas

Rules for spousal support

You need to know that you can have rights for a spousal support according to the Kansas law. It is usually calculated according to the Johnson County Bar Association formula. From its name you can see that this formula was first used just in Johnson County, but now most of the counties successfully use it in order to calculate the alimony correctly.

The amount of spousal support depends on the following factors:

  • How many years you and your spouse lived together.
  • Partner’s ability to earn money.
  • Mental and physical health of both parties.
  • Amount of money both partners have.
  • Amount of property the partners have.
  • Partners’ age.
  • Standard of living the spouses had during their marriage.
  • behaviour of partners in marriage.
  • any other factors the court may consider as important for an accurate alimony calculation.

According to the Kansas law you can receive alimony just for 121 months (10 years and 1 month), but you can ask the court to prolong this term after 121 month for 10 more years. It is not easy to prolong a spousal support, but it is possible to do with a good attorney.
Usually when a spouse gets married another spouse who paid an alimony can stop paying it, but ,first of all, you have to inform the court about the changes.

There are 4 types of alimony:

  • Transitional support. This type of support the spouse is paying for another spouse education, courses or rehabilitation (in case of some domestic violence or abuse).
  • General support. This type of support a spouse may receive when one partner’s income is bigger than the other’s partner income. the calculation of general support is based on the desire of a court to keep the standard of living both spouses had during their marriage.
  • Interim support. This type of support is paid temporarily during the pre-trial proceedings.
  • Reimbursement support. This support is usually paid when one partner helped another partner to get a good education or to increase his/her salary. When there is a significant difference between both partners standards of living, the court will make a partner with more possibilities to pay to another partner with worse education, slary and possibilities.

Divorce without a lawyer in Kansas

If you apply for a divorce in Kansas, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Kansas can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Mediation support in Kansas

Mediation support is a very helpful tool in order to solve all the necessary questions and disputes. Before you sign a Divorce agreement you need to decide all the aspects of your life after divorce such as child custody and visitations days or hours, child support amount, spousal support or alimony amount, property division, debts and assets division, etc.

Once you decided all the aspects of the Divorce agreement you have to sign in in the presence of the attorney and then file this document to the court.

Divorce forms in Kansas

There are a lot of forms you need to fill and to make their copies in order to file one copy to the court, one copy to give to your spouse and one to leave for you. So it is very difficult to choose the proper forms and it is even more difficult to fill all the form correctly. This is very important to be sure you fill only the forms relevant to your case as the court may not accept them. Once your documents are rejected you have to start all the process from the very beginning.

Here is a list of some Kansas divorce forms you need to fill:

Petition for Divorce, Civil Cover Sheet, Form for Additional Civil information, Voluntary Entry of Appearance, Request and service instruction form, Notice of hearing, Decree of Divorce, Publication Service notice of Suit, etc.

We know that filling forms is a time consuming and difficult process, that is why we are always there to help you with:

  • Choosing the appropriate divorce form documents that you need for your case;
  • Filling all the document correctly;
  • Answering all your easy and difficult question about divorce in Kansas;

Uncontested divorce in Kansas

Uncontested divorce in Kansas

There are two ways to dissolve marriage in Kansas. First this contested divorce and a second one is uncontested. According to the Kansas law, if you want to get an uncontested divorce in Kansas, you need to agree about property division, child or children custody, child support, debts and assets division, alimony and other important aspects of your life. Next you need to sign a Divorce agreement in the presence of the attorney and file this document to the court.

You need to be sure you or your spouse is a resident of the Kansas state ( it means you need to stay in Kansas for at least 60 days). In addition you need to remember that everything should be clean and fair. The court may check if you divided all the property fair enough. Sometimes people are ready to divorce and because of their offence and proud they do not need any property or money, while the other spouse is greedy and wants to take everything. In this case the court has a right to divide property according to its consideration as it is important to keep the standard of living of each spouse at the same level as it was during their marriage.

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