| STATE PROCEDURES |
| What is considered to be the date of separation in Kansas? |
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The term "separation date" refers to the date when the spouses stopped living at the same residence. However, Kansas does not require the spouses to be separated prior to filing for divorce.
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| Do we have to be separated to get a divorce in Kansas? |
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No. There is no requirement in Kansas that couples have to be separated in order to file for divorce.
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| Where do I file my divorce papers in Kansas? |
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Divorce papers should be filed with the Clerk of the District Court in the county where either spouse resides.
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| Will either of us be required to attend a court hearing? |
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Yes, in Kansas, both spouses are required to attend a court hearing. However, if the Defendant/Respondent is unable to attend the hearing, it is best to contact the court clerk and find out what options are available.
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| What documents are included in the self-prepared Kansas DivorceWriter package? |
If you select a Kansas divorce without children, you are selecting the following forms:
- Civil Information Cover Sheet
- Petition for Divorce
- Marital Settlement Agreement
- Domestic Relations Affidavit (Petitioner)
- Voluntary Entry of Appearance
- Answer to Petition for Divorce
- Domestic Relations Affidavit (Respondent)
- Notice of Final Hearing for Divorce
- Decree of Divorce
- Vital Statistics Worksheet (Worksheet for Divorce Registration)
If you select a Kansas divorce with children, you are selecting the above non-children forms as well as:
- Parenting Plan
- Child Support Worksheet
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| How do I serve my spouse with the divorce papers in Kansas? |
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Our Kansas DivorceWriter documents include an Entry of Appearance, which is a document that the non-filing spouse will sign in front of a Notary Public. This document officially notifies the Court in writing that the non-filing spouse voluntarily waives the right to formal service of the divorce papers.
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| Can I change my name in Kansas divorce proceedings? |
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Yes. In Kansas, either spouse is entitled to resume a former or maiden name as part of the divorce proceedings. [Kansas Statutes 60-1610] There is no additional charge to have this request added to your divorce documents.
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| What are the Kansas residency requirements for filing for divorce? |
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Either spouse must have been an actual resident of Kansas for 60 days immediately before the filing of divorce. [Kansas Statutes 60-1603]
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| How much is the filing fee in Kansas? |
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The DivorceWriter price does NOT include the filing fee charged by the Clerk of the District Court when you file for divorce. The filing fee in Kansas is usually between $156.00 to $197.00.
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| How long does it usually take to finalize a divorce in Kansas? |
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A divorce in Kansas may be finalized as early as 60 days after the divorce petition is filed with the Clerk of the District Court. [Kansas Statutes 60-1608]
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| What are the basic steps to getting a divorce in Kansas? |
The basic steps for filing your divorce are as follows:
- Petitioner files a Petition for Divorce and related documents.
- Respondent files an Answer and related documents.
- Petitioner schedules the divorce hearing.
- After 60 days have passed from the divorce filing date, both spouses attend the final hearing.
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| What are the grounds for filing for divorce in Kansas? |
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A couple can divorce in Kansas on the grounds of incompatibility. [Kansas Statutes 60-1601]
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| Does Kansas require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce? |
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In divorce proceedings involving minor children, some counties in Kansas may require the parents to complete a parent education class. If required, once the education is complete, the parties will file a Certificate of Completion with the Clerk of the District Court.
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| CUSTODY, VISITATION, SUPPORT |
| When can a child support order be modified in Kansas? |
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In Kansas, child support may be modified based upon a material change in circumstances since the original decree, or prior modification.
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| How is child support calculated in Kansas? |
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Kansas child support guidelines are based on the idea that both parties have a shared duty to support their children based upon their contribution to the combined family income. Child support is calculated by allocating a proportion of each parent's income to the child.
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| What are the different types of custody in Kansas? |
1. Joint Legal Custody - the parties have equal rights to make decisions in the best interests of the child(ren).
2. Sole Legal Custody - only one of the parties has the right to make decisions in the best interests of the child(ren).
[Kansas Statutes 60-1610]
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| We already have a child support order issued by a judge. Will we be able to keep the same amount? |
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DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you must also file a copy of already existing child support document(s) with the court.
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| How do I find out information about how child support payments will be made? |
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The Kansas Child Support Guidelines may have the answer you are looking for. The Guidelines can be accessed online here.
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| What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines? |
DivorceWriter shows the child support calculation under the guidelines using the Kansas family support charts.
The customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount. If the amount is a deviation from the basic support obligation, the customer will explain the reasons for the deviation in the Parenting Plan. The court may grant less or more support if the evidence shows that the needs of the dependent(s) require a different level of support.
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| PROPERTY AND DEBTS |
| Why do I have to complete financial disclosures in an uncontested divorce? |
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More than half of the states require one or both spouses to complete a document listing th... more
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