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         |  | Family Law FAQs If you need legal advice in Divorce & Family Law, Personal Injury Law, or if you have been charged with Federal Crime, do not delay. Call my office immediately to put my expertise to work for you. Free Initial Consultation - Contact Us Today! What is the procedure to get a divorce?
What is the procedure to get a divorce? It starts with filing a Petition for Divorce. The person who files it is the “Petitioner.” By law, the “Respondent” has 20 days after the Petition has been filed to file his “Answer.” Kansas has a 60-day “cooling off” period from the date the Petition is filed, after which the Decree of Divorce can be entered. The cooling off period may be shortened if necessary and if both parties agree. Can I do it myself with forms I can download online? You can, however, I have seen many people trying to do it themselves appear in front of judges with their forms having to make extensive changes and come back to court. The forms are no substitute for a lawyer who knows the facts of your case. My advice is to hire a lawyer who practices family law and do it right the first time. How much is child support and alimony? There are statewide guidelines for child support based on a number of factors, including income of the parties, number of children, ages of children, child care costs, health insurance cost, etc. What are the grounds for divorce? Kansas is a no-fault divorce state. The grounds are incompatibility. One party may want to stay married, but if the other party files and establishes incompatibility, the judge will grant the divorce. The filing fee is $147. My fee is generally $100 per hour against a $1000 retainer. Can I get a “legal separation”? “Legal separation” is really a request for a decree of “separate maintenance,” which may be granted under Kansas law. If the parties want to separate but remain married, the decree of separate maintenance can provide support for one of the spouses just as a decree of divorce can. It is a concept that is usually discussed in the early stages of the separation but never actually utilized, in my experience. The parties usually either reconcile or get a divorce. Proudly Serving Kansas and Missouri, including, including the communities of Overland Park, the the surrounding Shawnee Mission area, Kansas City, and the counties of Wyandotte and Johnson. J. Steven Schweiker, Attorney at Law The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2008 by J. Steven Schweiker. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. | |
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