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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.
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It's great to have an option like this when dealing with an amicable, uncomplicated divorce - no need for attorneys when there's nothing to hash out.
By Deborah Sharp, USA TODAY
Couples can find a mate, fill out a bridal registry and plan a honeymoon on the computer. Now they can also divorce online.
A Web site started last year by a Seattle attorney gives the unhappily wed in Washington, California, Florida and New York the option of dissolving their marriages online. Texas is next, and several other states are being considered.
The site is the latest twist in a do-it-yourself trend. Changing trends in the USA Average age of first marriage Divorce year male female Divorced Americans Divorces granted 1970 23.2 20.8 4.3 million 0.7 million 2000 26.8 25.1 19.9 million 1.2 million Sources: U.S. Census; National Center for Health Statistics
No national figures exist on self-representation. But some experts estimate that as many as half of 1.2 million couples divorcing annually in the USA do so without a lawyer representing at least one of the parties.
The Web site, www.completecase.com, differs from the many self-help sites offering advice, referrals or downloads of documents needed to file for divorce in a particular state.
For $249, the Web site prompts couples with questions on everything from dividing financial assets to deciding where the kids celebrate birthdays. The software then uses their answers to fill out the documents that a couple can download and submit to a court.
Requirements vary by locale as to whether a couple must show up in court or can mail in or fax their divorce filing. But in all cases, a judge must still sign the order ending a marriage.
Randy Finney, a family law attorney for 11 years and the founder of the Web site, says it was designed for uncontested divorces. It's not for couples with convoluted finances or for those fighting over child custody and who gets the dog.
"The decision to get a divorce comes way before the decision about how to get a divorce," says Finney, 35, who is happily married. "I don't think anyone takes their wedding vows so frivolously that they're going to get a divorce just because they can do it for $249."
Not everyone is thrilled with the notion of cyber-divorce.
Judges and lawyers fret that couples who use the Web site may believe they've had legal counsel when they haven't. And leaders in the movement to save marriages complain that point-and-click divorce further undermines the institution's supposed sanctity.
"I can only think of one use of the Internet that's worse and that's pornography," says Dennis Rainey, executive director of FamilyLife, a religious group based in Little Rock. "We're trying to do all we can to call people to keep their wedding vows."
FamilyLife has joined with 30 other organizations since 1999 in drawing 175,000 spouses nationwide to "I Still Do" ceremonies that affirm marriage.
Despite the marriage celebrations, about one-fifth of American men and women have been divorced at least once.
A study released last month by the U.S. Census shows about 90% of Americans will marry at some point. For men, 54% married just once. For women, 60%. Serial marriage is rare: Only 3% of Americans have married three times or more; 13% have married twice.
Finney estimates his Web site has helped 1,000 couples unhitch. Stacey Kiss of Seattle is among those who traveled to virtual Splitsville. The self-described "Internet junkie" says it took her and her husband of seven years about three hours one night to click through the Web site's detailed questions.
"We never got along on anything through our entire marriage, but we still managed to come to an agreement," says Kiss, 36, a hospital business-services manager. "Why drag it out and make it complicated?"
She says the online split was cheaper and easier than her first, traditional divorce. Now single, Kiss says she's comfortable with dot-com divorce, but she draws the line at cyber-dating.
"I like surfing the Web," she says, "but not for men."
Ernesto Gomez and his wife Blanca had been planning to get a divorce for three years. They had already separated and worked out custody and child support for their two kids. But they had stalled on filing because they didn't want to deal with the hassle and expense. Hiring a lawyer, they were told, would cost at least $1,500. Using a free service offered by the court would involve numerous meetings spread out over several weeks.
So when Gomez heard an ad on the radio for a service called completecase.com that would let him fill out the paperwork online for just $249, he decided to give it a try. Four days after he logged onto the site, he had the papers completed and filed in court. "CompleteCase gives you step-by-step instructions. You can't miss anything," says Gomez, a distribution-center manager in Miami.
Gomez is not the only one turning to the Internet to simplify the process. Other services, like divorcewizards. com and divorcesyourself.com also offer quickie online divorce kits, usually for $300 or less. No lawyer is involved unless a client chooses to pay extra for a consultation by phone or e-mail.
Brian Lee, president of legalzoom.com says his site has handled more than 30,000 divorces since its launch in 2001. Though people still have to convey their forms to the court, the process of filling out the paperwork can take less than an hour, thanks to simple online questionnaires that hand-hold customers through the process.
Online divorce is not an option if the couple can't agree on the terms. Even when they can, not everyone thinks it's a good idea. "Instant divorce is the last thing we need," says Mike McManus, president of the marriage advocacy group Marriage Savers. Instead of a divorce, McManus says, couples often just need time to cool off before working out their differences.
Still, such services are spreading. Utah and California offer do-it-yourself sites that let you fill the forms out online (for $20 at utcourts.gov/how to; free at www.courtinfo.ca.gov/selfhelp) Traffic on the California site rose from 6,800 page views in May 2002 to nearly 17,000 in May 2003. --By Anita Hamilton
The Los Angeles Times; Los Angeles, Calif.; Nov 19, 2001; MARTIN MILLER;
Abstract: Californians can legally split from their spouses over the Web site http://www.completecase.com and never have to set foot in a courthouse or lawyer's office. Legal papers can be completed within anywhere from 30 minutes to two hours, depending on the complexity of the split, according to Randolph Finney, a Seattle-based family law attorney who founded the site.
For Californians, once the judge signs the documents, they are "legally binding and enforceable," says Finney, but per state law the divorce doesn't become finalized for six months.
Full Text: (Copyright, The Times Mirror Company; Los Angeles Times 2001 All rights reserved)
The circle of online life is now complete. You can date online; you can marry online; and now you can divorce online.
Californians can legally split from their spouses over the Web site http://www.completecase.com and never have to set foot in a courthouse or lawyer's office. Legal papers can be completed within anywhere from 30 minutes to two hours, depending on the complexity of the split, according to Randolph Finney, a Seattle-based family law attorney who founded the site.
For a flat fee of $249, the site walks divorcing couples step-by- step through such issues as community property and calculating child support payments. When the online form is completed, the applicant simply signs the papers and mails them to the courthouse.
But it's not for everyone. It works only for those couples who are parting amicably and filing for an uncontested divorce. "If you can't agree on who gets the kids, our site is not for you," says Finney, a married 35-year-old.
The site debuted earlier this year, but only to residents of Washington state. Last month, California was added, and soon Florida, New York and Oregon are expected to be added. So far, the site has helped process hundreds of divorces, says Finney.
The site has drawn critics who denounce the online divorce as yet another blow to society's bedrock institutions. The very ease of the process, some contend, makes family and marriage as disposable as an old appliance. Indeed, a similar site in England was recently condemned by the pope as immoral because it made divorce too easy.
Naturally, Finney disagrees. "I think our Web site has the opposite effect," he said. "If you're going to get divorced, let's do it in a civil manner. I really don't believe having something available that makes it easier and costs less money is going to encourage divorce."
The inspiration for the project came from his law practice, where he primarily handles divorces. It took about a year to get the site up and running. "On almost a daily basis, I would get clients who said they needed a divorce but didn't have the money or the patience with the legal process to pursue it," he said. "These people are really stuck between a rock and a hard place."
For Californians, once the judge signs the documents, they are "legally binding and enforceable," says Finney, but per state law the divorce doesn't become finalized for six months. "It isn't quite as fast as a Las Vegas divorce," he says.
Your case registration has been submitted successfully.
The next step in completing your divorce petition is to pay the case processing fee.
After your payment is processed, your personal login will be accessible. Logging in will allow you to answer the additional questions required to complete your divorce.
When completing the online questionnaire, help and explanations are provided for each question. Should you have any questions during the process, you may call our support line to speak with a divorce specialist.
We provide a 100% guarantee that the forms provided by CompleteCase.com will be accepted by the court. If the forms are not accepted due to the fault of CompleteCase.com, we will make any changes requested by the court or judge (without charge), or a refund will be issued. Verification of any denial or rejection may be requested.
Based on the information provided you are not qualified to use CompleteCase.com to complete your divorce online at this time.
We recommend contacting a licensed Family Law attorney to help you with your situation.