What is a Do-It-Yourself divorce? It is a simplified procedure of dissolution of marriage when divorcing spouses complete and file divorce forms on their own without an attorney. It is possible to do in Kansas if you and your spouse agree to have an uncontested divorce.
It is relatively common for modern people to want to have an uncontested divorce because it is civil and quicker since all divorce-related issues are settled without taking the case to a court trial. And it does not mean that the spouses have to make decisions that are detrimental to their or their children’s interests.
Even if spouses cannot resolve child custody, support, or some financial issues, they can still have a streamlined court procedure of an uncontested divorce. They just need to turn to a mediator or an attorney to guide the settlement agreement. It will increase the cost of divorce, but ultimately it is up to you to sort out all your difficulties rather quickly. With the involvement of legal representation, the divorce is no longer considered as do-it-yourself.
Although a DIY divorce is the most inexpensive way to prepare legal forms, it is not for everyone. You need to weigh all your options and see what fits your needs and interests best. So let’s zoom in on a DIY divorce in Kansas and try to figure out whether it fits your bill or not.
What Do I Need to Know Before a DIY Divorce in Kansas?
What issues are the most contested and difficult to agree upon in many divorces? Children and Money. For those spouses whose marriage was so short that they don’t have children and property together, DIY divorce is definitely a good choice. Divorcing spouses simply fill out the legal forms and file them at their local court. If they have minor children together (under the age of 16), however, spouses need to make sure that all child support and custody issues are sorted, and the rights of a child are not compromised.
Similarly, if parties acquired any property in marriage (car, house, business, joint bank accounts, etc.), they should decide how to split it fairly. It is emotionally and practically easier to hire a financial adviser if you waive legal representation in divorce proceedings. Insurance and pension are also part of the distribution of property in divorce and should be appropriately handled.
- Child custody. When both parents can work out the custody arrangement and visitation schedule, they prepare and sign a permanent parental plan. A parenting plan arranges legal custody (which parent is responsible for which child issues) and residency (which parent is the primary caregiver or how parents split their day-to-day parental duties). Both aspects of child custody can be either sole or joint. Judges consider each custody request on a case-to-case basis, keeping the child’s best interest as a priority. If parents cannot work out a suitable variant of child custody, the court will do it for them according to Stat. Ann. § 23-3201.
- Child support. Typically, if one parent takes on primary child residential custody, the other parent pays a set amount in child support according to the Kansas Child Support Guidelines. However, the court may order parents to pay child support if the child’s circumstances call for it. At that, child support typically covers the child’s basic expenditures such as food, shelter, and clothing, leaving medical costs, insurances, and education out.
- Property division. If spouses did not change the title of a separate property (purchased before marriage) and did not commingle it (mixed it with the other spouse’s property), it is not assessed and split in a divorce. However, a couple needs to make sure they divide marital property fairly and in good faith. For example, if one spouse made deposits to the other party’s premarital bank account or paid loans for something, everything that husband or wife financially participated in together is considered marital property by the court. If divorcing couples cannot work out their property issues, a judge will do it for them, taking into account their personal data (age, job, occupation, income, health, etc.), family responsibility, and tax consequences.
- Spousal support. Also referred to as alimony, spousal support can be awarded to one of the spouses for a short term during the divorce or temporarily after the divorce. Long-term alimony is rare these days, but the judge will consider each case with care and decide based on the couple’s circumstances.
How to File for DIY Divorce in Kansas?
Before you go to the court to apply for divorce, read in detail what exactly awaits you and what paperwork is needed.
The spouse filing for divorce is the petitioner or plaintiff. The non-filing spouse is the respondent or defendant.
Also, keep in mind the residency requirements. In Kansas, either spouse must have resided in the state for at least 60 days before filing.
Step 1. Divorce paperwork preparation. A petitioner can download Kansas legal forms from the court website or obtain them at the local court, where they will bring their divorce papers to file. The next stage is to fill out the forms in legible handwriting or on a computer. A petitioner has to specify the circumstances for the dissolution of marriage (“grounds for divorce”). Kansas has an option of no-fault divorce where the petitioner simply lists incompatibility. Those who want to pursue “failure to perform a material marital duty” or “incompatibility due to mental illness or incapacity” will need to prove their allegations in a trial, which will require them to hire a lawyer. Once all the forms are completed, the plaintiff must make two copies of each and bring them to the court.
Step 2. Filing completed forms with the court. A petitioner has to take the divorce paperwork to the local courthouse. Check the Kansas Judicial Branch self-help website to make sure you know the address of the courthouse. The clerk will stamp each document with the date and the case number. The next step in the divorce process is to pay filing fees or file a Poverty Affidavit. Kansas has an e-filing system, but so far, it is only available to licensed attorneys.
Step 3. Serving a spouse. The law requires a petitioner to notify a respondent about the ongoing divorce proceedings. They can either hire someone (sheriff or a process server) or use the mail service. In case of an amicable divorce, though, it is possible to waive the service for the respondent and voluntarily enter a lawsuit. For this, the respondent signs a Voluntary Entrance of Appearance form in front of a notary, and the petitioner files it with the court. If the respondent is absent, in the military, or in jail, it’s better to clarify the serving procedure with the court clerk.
Step 4. Preparation for the final hearing. After the petitioner files an affidavit (proof of service) with the court clerk, they have a 60-day waiting period to wrap up all the settlement negotiations and submit all required documents.
Online Divorce in Kansas
Whereas it is possible to find and complete an application for divorce online, you cannot yet get a divorce over the internet. If you come across ‘web divorce’ or ‘internet divorce,’ just know that it means you can choose from a host of ‘divorce companies’ that will help you fill out the divorce paperwork online. If parties are not keen on completing the paperwork or dealing with the intricacies of Kansas family law, an online divorce form preparation service kansasonlinedivorce.com is ready to lend you a hand. Getting a divorce has never been easier. Complete divorce online and kick off the divorce proceedings as fast as possible. Besides, preparing the legal forms online makes a divorce more affordable.
