You can usually find one at law offices or at financial institutions. File your forms and pay the required fee. You do not need to file the Parenting Plan at this time. There are filing fees for bringing an action to divorce someone. The fees will vary depending on the court you are in.
Scope and Content
Call the clerk of courts or the district court where you are filing and ask about the fees. Notify your spouse. The Voluntary Entry Form will be used if your spouse has signed it saying they have received a copy of the Petition. If this is not the case, you will need the Request for Service Form, which will request that someone serve your spouse with the Petition.
If neither one of the other methods work, you can mail a copy of the Petition to your spouse or you can publish a notice in a local newspaper.
Complete an Answer. If your spouse is the one who filed divorced papers, you will receive notice of the lawsuit and you will have an opportunity to respond. You will have 21 days from the date you receive notice to formulate and file your Answer. If you fail to answer, a court may automatically rule in the other party's favor i. In addition, you will include your personal information as well as your spouse's; general information about child support, spousal support, and property division; and you will deny any conflicting statements in your spouse's petition.
Fill out a Domestic Relations Affidavit. Your Domestic Relations Affidavit will lay out general information about your marriage, including when you got married and the number of children you have. You will also have to list your assets as well as any income or money you make. In addition, you will discuss the expenses you incur and the debts you have. File the required forms.
Common-law marriage in the United States
Once you have filled out your Answer and Affidavit, you will file them with the same court that your spouse filed their petition with. You will have to file your original and you will be required to bring a number of copies. Negotiate a settlement. Before you go to court hearings, try to work out your issues with your spouse outside of court. This will make a judge's life a lot easier and it will allow you to better control the outcome of your case.
In some instances, a judge may even recommend that you take part in mediation or limited case management. In mediation, you and your spouse will sit down with a neutral third party and discuss the issues surrounding your divorce e. The neutral third party will help both of you discuss these things openly and honestly.
The third party will then try to get both of you to compromise and come to an agreement. However, the mediation is non-binding and anything you say is confidential.
You might take part in limited case management. Here, you will meet with a trained third party who will interview you and your spouse, look at evidence, and interview witnesses. At the end of their investigation, they will make a recommendation to the court. The court will then make a decision. Request a final hearing date. Each court in Kansas will have different procedures for requesting and setting a final hearing date.
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You should contact the clerk of courts with the district court here you filed to find out more. Kansas law does require a day wait period between your petition filing date and the date a divorce decree can be issued. The notice tells your spouse when and where the hearing will be held. You should send this Notice by certified mail. Complete any remaining forms. If you do not have any children, you will need to complete paragraphs 9, , and 17 of the Decree of Divorce.
If you have children, you will need to complete paragraphs 8, , , and 25 of the Decree of Divorce. In addition, if you have children, you will need to complete the Child Support Worksheet prior to your hearing. By filling out the worksheet, you will determine any child support obligation either spouse will have. If you need help with the worksheet, the Kansas Judicial Branch website has information to help you. Complete required classes.
If you have children, you may be required to take parenting, co-parenting, divorce, or other required classes. The rules will vary depending on what court you are in. Attend the final hearing. When parents get divorced, they must try to work out a custody arrangement and parenting schedule. Kansas law provides that parents can be awarded legal custody, residency, or both. Legal custody refers to right and responsibility to make educational, religious, moral, and legal decisions about the child.
Residency refers to the right to decide where the child will live.
Kansas Judicial Branch - Kansas Courts
Kansas courts prefer to award joint legal custody to both parents, unless it is in the best interests of the child to award sole legal custody to only one parent. In Kansas, a judge, not a jury, decides how to divide legal custody and residency of the child based on what is in the best interests of the child. This best interests standard also guides decisions about visitation. The court has broad discretion to determine the best interests of the child and will consider all relevant factors, including:.
These factors are not exhaustive or exclusive. If one parent offers other relevant information, the judge will consider it in determining the best interests of the child. The court may also order that either parent undergo physical or mental examinations. However, the parenting plan is also not binding on the court. A judge can still find that the parenting plan is not in the best interests of the child and order alternative arrangements based upon the evidence presented. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.