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 Kansas courts divorce papers. The information below may help to understand more about the divorce in Kansas. onlinedivorce.com provides quick and inexpensive services of online divorce in Kansas.
The key conditions to get a divorce in Kansas are
:

1

The residency requirements of the state must be met.

2

If the parties can agree on all the key points of the divorce (child custody, the amount of financial support, the amount of alimony, the division of common property) such a divorce is considered to be uncontested. It usually takes less time and money because there is no need to hold a number of court trials. If the parties don't agree on at least one question, then the divorce will be called contested and the court decides on all the disputes after the court battle.

3

The appropriate Kansas divorce papers must be filled out and submitted to the court. Online Divorce may help with preparing all the necessary documents that correspond to the particular divorce case.

4

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

 

Residency:

According to the Kansas law, either spouse must reside in Kansas for at least 60 days in order to be eligible to file for divorce in local courts.

The servicemen(women) may be considered as residents of Kansas while stationed in military reservation within the state for 60 days.

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Valid grounds to get divorce in Kansas

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In Kansas, a divorce can be granted both for the fault or no-fault ground. 

No-Fault ground (neither spouse must prove something before the court) is Incompatibility. This ground typically refers to an uncontested divorce. 

Fault grounds (the misconduct must be proven before the court): 

  • Failure to perform a material marital duty or obligation; 
  • Mental illness or mental incapacity.

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Annulment of the marriage in Kansas


Unlike a divorce which terminates a legal marriage, an annulment declares the marriage void and invalid from its very beginning.
Here is a list of cases when the marriage is considered as void
:

  • Underage marriage (if the spouses were under age of 15 or 15 years old and did not get juridical consent, or they were 16 or 17 years old and did not get parents' or guardian's permission for it). 
  • Bigamy. 
  • The marriage induced by fraud. 
  • Incestuous marriage. 
  • The marriage induced by mistake. 
  • The marriage induced when a spouse had lack of knowledge of a material fact. 
  • One spouse lied or hidden some fact which is essential for the marriage. 
  • One spouse has impotence and another wants children. 
  • Any other reasons the court may consider as important and appropriate for annulment.
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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:

  • Parents' wishes about the child’s custody and visitation. 
  • Child’s adjustment to the community, home, neighbours, school. 
  • The 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. 
  • The willingness of each parent to let the other parent see a child. 
  • The general atmosphere in a family. 
  • Any other factors the court may consider as important for a child’s life.

Rules for child support in Kansas

Both 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. Child support helps to cover general expenses for raising a child.

In cases, when some parents do not want to pay child support, 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 the methods are passport denial, driver’s license 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.

Uncontested Kansas divorce with children
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Rules for spousal support in Kansas

Rules for spousal support

According to the Kansas law, either party may request an alimony. It is usually calculated according to the Johnson County Bar Association formula.
Deciding the alimony, its amount and duration depend on the following factors
:

  • The length of the marriage. 
  • Partner’s ability to earn money. 
  • The 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. 
  • The behavior of partners in marriage. 
  • Any other factors the court may consider as important for an accurate alimony calculation.

According to the Kansas law, the alimony usually can't be ordered for the longer period than 121 months.
There are 4 types of alimony:

  1. 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). 
  2. 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. 
  3. Interim support. This type of support is paid temporarily during the pre-trial proceedings. 
  4. Reimbursement support. This support is usually paid when one partner helped another partner to get a good education or to increase his/her salary.

Divorce without a lawyer in Kansas

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". The process of divorce in the state of Kansas can vary from county to county. 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 may be rather convenient to initiate the Pro Se Divorce.

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Mediation support in Kansas

Mediation support may seem a very helpful tool in order to negotiate and make a settlement agreement or parenting plan in case of uncontested divorce.
In Kansas, divorce mediation is a completely voluntary process.

Divorce forms in Kansas

Here is a list of some basic Kansas divorce forms:
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.
It may be needed to file some additional forms. Generally, it's impossible to predict an exact set of divorce forms without considering the particular divorce case. The needed divorce forms may depend on the county of filing, children of the marriage, military status of either spouse and so on.

Uncontested divorce in Kansas

Uncontested divorce in Kansas

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

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