Kansas Divorce Steps

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The first step in a divorce is to file a Petition. Generally, there is no advantage either to the Petitioner or the Respondent on the basis of who has filed the Petition. Sometimes the Petitioner tries for temporary support for self as well as the minor children. If this is the case, then the Petitioner must file a Motion for Temporary Support along with the Petition. Along with these 2 documents, there must be a Domestic Relations Affidavit. This document comprises of the following data.

  • The incomes of the divorcing partners
  • The number and ages of the minor children
  • The monthly debts and expenses of the divorcing partners
  • What amount of support is the Petitioner requesting to fulfill his or her needs?

Kansas Divorce Steps regarding Service of the documents

  • The Petitioner mails the relevant documents to the Respondent. Along with these documents, there exists a written receipt known as Entry of Appearance. When the Respondent receives the documents, he or she is expected to sign the Entry of Appearance. When the Respondent signs this Entry, two meanings can be derived as follows
    • The Respondent may or may not agree to the request in the relevant documents
    • The court has jurisdiction over both the divorcing partners
  • The post office (by means of restricted mail) or the process server or the Sheriff can deliver the relevant documents to the Respondent. Such a Respondent is allotted 20 or 30 days, during which he or she should file an Answer to the Petition

Kansas Divorce Steps pertaining to Restraint Orders

  • Consider that the Petitioner expects harassment and fear from the Respondent as the Petition for Divorce has been filed
  • In such a scenario, the Petitioner can request the court to issue Restraint Orders. As per these orders, the following steps are taken
    • The Petitioner is offered exclusive possession of the current residence
    • The Respondent is prohibited from entering this current residence, unless the Respondent desires to remove personal clothing
    • Both the Petitioner and the Respondent are expected to exercise restraint from abusing or harassing one another
  • The Sheriff serves the Restraint Orders (along with the Petition and Temporary Support Orders) to the Respondent

Factors affecting the timing of divorce steps

  • The expiration of the statutory waiting period of 60 days from the date of filing of the Petition
  • Presence of an emergency
  • The issue of calendar of the court
  • The success or failure of the divorcing parties in resolution of the divorce topics

Steps about disbursing filing fee

  • When the Petitioner files the Petition and other documents, he or she must pay the docket fee (in this state, in April 2005, this fee was 111 USD)
  • If the Petitioner does not have money to pay this fee, he or she can file an Affidavit of Poverty
  • When the court grants the divorce, it might collect this fee in one of the following two ways
    • From any one partner
    • By ordering both the partners to disburse a percentage of the fee

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