Divorce is never easy, as anyone who has been divorced can attest to. Even when everything goes smoothly, the process is still stressful. Fortunately, getting divorced in Kansas can be fairly straightforward, particularly if you and your spouse are in agreement about all important aspects of the divorce – the need for divorce, dividing up property and child-related issues (if you have children). If you meet this criteria, you may qualify for a divorce without a Lawyer in Kansas. If you qualify, you simply need to fill out the appropriate divorce papers and submit them to your local county clerk to begin the process. Completing your Kansas online divorce papers with CompleteCase.com can make the process even simpler by ensuring that you get the divorce forms that you need for your circumstances, and that your forms are filled out properly from the beginning.
If you and your spouse are struggling to decide on divorce terms, you may consider divorce mediation. or if in more complicated situations seek a divorce attorney's assistance.
The following information will help you understand the basics of divorce in Kansas, and how you can begin to move forward with your own divorce.
Information reported to the Centers for Disease Control (CDC), puts the 2011 divorce rate in Kansas at 2011 was 3.9 for every 1,000 residents. This rate puts Kansas in the middle of divorce rates by state in the U.S.
Kansas allows both fault-based and no-fault divorces. In a fault-based divorce, one party is held responsible for the divorce and you have to prove grounds for divorce. In Kansas, there are only two grounds for a fault-based divorce – incompatibility due to mental illness, or failure to perform a material marital duty or obligation. In a no-fault divorce, you only need to state that the marriage is “irretrievably broken”. Most people prefer to pursue a no-fault divorce, as it is usually easier, faster and cheaper. It also avoids the need to discuss potentially embarrassing details in front of the court.
Kansas has residency requirements for divorce. Either you or your spouse must have resided in the state for at least 60 days before you are allows to file for divorce.
The specific divorce papers required for your divorce will depend on your circumstances, such as whether you have children or not. However, there are some standardized forms including the “Petitions for Divorce”, the “Request for Service” form and the “Summons”.
Avoid signing any of your documents until you are in the presence of a notary, as the court will not accept them unless they are notarized. Many courts do offer a notary service, but you will want to check ahead of time before you attempt to file.
Kansas Legal Services is a non-profit organization that has a section devoted to divorce on its website. Here you will find important online information about divorce with or without children, and various divorce documents. It is always recommended that anyone going through divorce learn as much as they can about the process. The more informed you are, the better you can look after your interests and protect yourself.
If you find the information about divorce and the various documents confusing, understand that this is normal. Most people do not have prior experience the legal training required to determine exactly how the law applies to them. For many people, completing Kansas’ divorce papers online with CompleteCase.com is the easiest way to ensure that you get the right documents, and that those documents are filled out correctly. With CompleteCase.com you get the peace of mind that comes from knowing you are submitting the right divorce forms for your specific situation – avoiding possible delays from incorrect documents or missing information.
When you have completed all of your Kansas divorce papers online or otherwise, it is time to file your documents with the county clerk where you or your spouse reside. Print two additional copies of all of your paperwork, one for your records and one to serve to your spouse. You may want to call ahead to verify that you are bringing everything you need to file, including a form of payment accepted by the court for the state filing fee.
If you do not have the money to pay the filing fee, you can ask the clerk for a waiver, or “Poverty Affidavit”. If the court accepts your request, you will not be required to pay the fee. When your fee is considered paid, the clerk will stamp your papers and file them.
To complete the filing process, you will need to serve copies of the divorce paperwork to your spouse. If your spouse is not hiring a lawyer, then you can serve the papers to him or her directly. If your spouse has hired a lawyer, you should deliver the papers to the lawyer's office.
You have several options for serving divorce papers to your spouse. You can get him or her to complete a “Voluntary Entrance of Appearance” and sign the form in front of a notary, or you can serve the divorce papers to your spouse directly and get him or her to sign a form verifying receipt of the papers. You can also hire a sheriff to serve the papers. The county clerk will have a form called a “Request for Service”, which you will complete and submit if you want to use the sheriff. You also have the option of mailing the papers, but you will need to use registered mail and get a return receipt verifying that the papers were signed for by your spouse.
Whichever method you choose, you will finalize the filing process by giving proof to the court that your spouse received the papers.
You will need to wait a minimum of 60 days after all papers have been filed to receive a judgment on the divorce. If you and your spouse need to argue details of the divorce in a trial, it can take significantly longer to have the divorce finalized.