Divorce is, unfortunately, not something you can simply decree and walk away from. Divorce is a legal process that could change from state to state, so it becomes essential to understand what is needed from you, your spouse, and the state you live in.
The divorce process in Kansas follows a very similar divorce process to other states, but with that said, there are still details to closely examine and ensure you are following correctly. When done carefully, you can ensure that your rights, assets, and wishes are adequately upheld, so you leave the marriage with confidence about what lies on the other side.
The most important aspect of starting a divorce in Kansas is partnering with a divorce attorney who has your best interests at heart throughout the process. So, if you are looking to divorce in Kansas, here is what you need to know about the next steps.
Do You Need Grounds to Divorce in Kansas?
Kansas is primarily a no-fault state, meaning no fault or blame is required to petition for divorce. If you no longer want to be married, so be it.
In Kansas, you can write that you are divorcing due to incompatibility, such as you two not getting along anymore, the failure to perform a material marital duty or obligation, or incompatibility by reason of “mental illness or mental incapacity.” Adultery and cruelty are also options you can choose to check off.
Overall, in Kansas, you do not need anything more to get a divorce than the knowledge that you don’t want to be married anymore.
Start The Divorce Process By Filing The Petition For Divorce
To file for divorce, one spouse starts the case by filing the Petition for Divorce, sometimes called a Petition for Dissolution of Marriage. It is essential that this petition be filed in the correct county to ensure it is handled properly.
Within the petition, and in the other required documents or forms that go with it, you will outline any necessary details, such as basic information about the marriage, if there are minor children involved, what marital assets are included, and if there are any debts within the marriage. In the Petition of Divorce, you can also take the time to outline what you would like to see from the other spouse, detailing your desired relief, such as specific assets or spousal support. This is your opportunity to bring up all the details and needs so that the county, courts, and lawyers can understand them.
It is best to conduct this first official step alongside a divorce attorney so a lawyer can help prepare the documents and make sure legal requirements are met without missing important details or misrepresenting yourself and your wishes.
The Divorce Petition Must Then Be Served To The Spouse
After your Petition for Divorce is fully filled out to how you like it, you must have the petition served to your spouse. Your spouse, the Respondent, who did not file the petition, must be formally served with the divorce papers so the divorce case can move forward.
Depending on your situation, serving divorce papers could be challenging, time-consuming, or possibly dangerous. Fortunately, you do not need to serve the divorce papers yourself if you do not wish to. The Petition for Divorce can be served by law enforcement, a private process server, or even by certified mail.
Once your spouse obtains the Petition for Divorce, this becomes part of the court case, and they have a formal 21-day deadline to file an answer or response with the court in the state of Kansas. If the person whose spouse filed the petition does not reply in the legally allotted time, you can ask the court for a default judgment. A default judgment is where a judge can sign off on your divorce without the signature of the spouse.
Take Into Account Kansas’s 60-Day Waiting Period
One of the main differences between Kansas and the surrounding states is its 60-day waiting period during a divorce. Kansas law requires a 60-day waiting period from the date the Petition of Divorce is filed to the date the divorce is finalized.
This may seem like a hiccup or annoyance, but this waiting period allows for the subsequent steps of a divorce to occur. The divorce process typically involves dissolving a marriage, dividing assets and debts, and establishing custody arrangements. Firstly, it allows time for the spouse to respond to the petition and sign the divorce papers, and also leaves time to address issues like assets, debts, temporary orders, and child custody arrangements that must be legally defined before the divorce is finalized, so all the issues can be laid out and resolved between you, your spouse, and the divorce attorneys.
So, while you have to wait at least 60 days to finalize the divorce, the happenings in between those days will ensure your divorce moves smoothly. There is also the chance your divorce proceedings will last more than 60 days, anyway.
Conduct Temporary Orders and Preliminary Hearings
One of the events that occurs during the 60-day waiting period is the creation of temporary orders and the scheduling of preliminary hearings.
These events will take place if there are immediate details that need to be ruled on at the start of a divorce. Temporary orders can be requested from the court to address immediate needs while the divorce is pending. For example, this could be child support, child custody, spousal support, or parenting time. Spousal support may require one spouse to pay financial assistance during or after the case. These are actions that directly affect the two parties and the minor children in the divorce. These are there to ensure that both parties are on the same page for the time being and that the minor children are supported in the first steps of divorce.
These temporary orders decided in the preliminary hearings do not dictate what will be conducted in the future; for example, a parenting plan decided now may not be what is truly finalized by the end of the divorce; it is simply what needs to be done then and there to ensure support.
Temporary orders can be edited at any time and will likely shift into strict orders as the divorce becomes finalized down the road. However, temporary orders may be a great way to gauge what each spouse expects and wants regarding future child care and spousal support plans, and these early rulings may also guide a later court order.
Tackle Discovery and The Exchange of Information
An additional task during the 60-day waiting period in a Kansas divorce is discovery. Discovery is the process by which each spouse gathers and shares financial information with the court.
This financial information could include all assets, property, pensions, debts, investments, and accounts. Each party must submit this information to ensure fairness in diversification. These financial details will be worked out during settlement negotiations, determining who will get what and what is owed to the other party. This is also the chance to discuss spousal support expectations and desires.
The more open and honest each spouse is during this stage, the quicker and more effective decisions can be made. The decisions made at this step will then be worked into the divorce decree as the status becomes finalized.
The Divorce Decree
As you work through these steps with your divorce attorney, you are working toward the court’s issuance of a Journal Entry and Decree of Divorce. Many cases are settled through negotiation or mediation before a trial, but if spouses cannot reach an agreement, the case may go to trial so the judge can make the final decisions.
A Decree of Divorce finalizes property division, child custody, child support, spousal maintenance, and any other details that were brought up during the process. If the spouses decide these issues and reach an agreement, it is typically put into a legally binding Settlement Agreement before being incorporated into the divorce judgment. The divorce is finalized when the court officially declares both parties legally divorced, and the divorce judgment or decree legally ends the marriage while making the court’s rulings enforceable final decisions.
However, these decisions can be modified down the road. Divorce modifications are common as people change, life moves on, and children grow up. The rulings set in place at the beginning of a divorce might not be what works now. So, if changes are needed, parties can apply for a divorce modification.
The First Step to Divorce is to Contact a Divorce Attorney
While these are the legal steps to a Kansas divorce, there is an important first step that parties should take if they wish to start the process of divorce. That first step is contacting a divorce attorney.
By partnering with a divorce attorney in your state, you are partnering with a family law professional who understands what is necessary by law, what is expected of each piece of paperwork and process, and how best to protect your wishes and assets as you move forward with the divorce. A divorce lawyer can explain whether an uncontested divorce is possible when both spouses agree on all terms, which is usually quicker and less expensive, or whether a contested divorce or a more traditional divorce path is more realistic, since those cases are generally more time-consuming and costly. With so many details involved in the divorce process, having a partner who knows the law can be crucial.
With Fisher Law LLC, you will partner with a divorce attorney who is there for your present and future, ready to represent your best wishes.
If you have further questions or wish to start the process of divorce in Kansas, contact the team at Fisher Law LLC.