Filing for a Divorce in Kansas

Procedure

A divorce action is initated by filing a petition with the clerk of the court. The clerk may accept filing by fax machine. The petition should be captioned "In the Matter of the Marriage of _____ and _____." The parties are called Petitioner and Respondent rather than Plaintiff and Defendant. Of course, the name of the Petitioner is first because the petitioner is filing the action. The petition should state the essential facts - that the parties were married, giving the date and place. The petition should state the grounds the petitioner is using in the general language of K.S.A. 60-1604. You do not have to give a detailed statement of facts. You also must provide what is being sought - divorce, annulment or separate maintenance. If a divorce is sought, the petition must allege that petitioner is a resident of the State of Kansas, having lived in the State for sixty (60) days preceding the filing the petition. Residency is not required for annulment or separate maintenance.

If minor children are involved, the petition must include the name and birth date of each minor child of the marriage and additionally include the information as to the child's present address; place where the child has lived within that last five years; the name and addresses of the persons with whom the child has lived during the last five years; whether the party filing the pleading has participated in any other litigation concerning the custody of the same child in Kansas or any other state; whether the party filing the pleading has information of nay custody proceeding concerning the same child pending in ay Kansas court or court in any other state; whether the party filing the pleading knows of any person not a party to the action who has physical custody of the children or who claims to have custody of the children or who has or claims visitation rights with the child.

Filing Fee

The docket fee must be paid when the petition is filed with the court. At the present time, the filing fee is $111.00. In place of paying the filing fee at the time of filing, you can file an affidavit of poverty. However, keep in mind that the court may collect the fee at the time it grants the divorce from one of the parties or may order each to pay a share of the fee.

Timing of Divorce

The time of the hearing depends on several factors, such as the existence of an emergency, the expiration of the statutory waiting period, and the parties success or failure at resolving the issues in the case. Of course there is the little issue of the courts calendar.

In Kansas there is a required waiting period of sixty (60) days after the filing of the petition unless an emergency exists. Most of the time this waiting period is used to work out details of any agreements.

Who May File for Divorce?

Either husband or wife may file for divorce. Usually there is no real advantage to one or the other, depending on who files first. However, there is some advantage to being first if you are seeking temporary orders of spousal support, child support, child custody and possession of the marital home. But most judges have been experienced attorneys who will not look at this as an advantage, and will rule according to the facts of the case.