kansas divorce laws who pays for the attorney

How much does it cost to get a divorce in Kansas?

May 16, 2018 · Here is an overview of the legal requirements for divorce in Kansas. Kansas Divorce Laws: The Basics. State laws determining the legal requirements for divorce set out the process by which marriages become legally dissolved. Kansas, like many states, has a 60-day residency requirement to file for divorce, as well as a 60-day waiting period ...

Do you have to live separately before a divorce in Kansas?

Kansas divorce lawyers either charge by the hour or a flat predetermined fee. How much can my divorce cost me? According to statistics on average a divorce costs $18,000. Can I represent myself? Absolutely, it is your right. But, I will not recommend that. A Kansas divorce lawyer will represent your interests better in court.

How is the division of property handled in a Kansas divorce?

Feb 25, 2022 · Fees: The fees to file for divorce in Kansas is around $100-$150 and the fee may vary from one county to another. Lawyer Costs: If you are planning to employ a lawyer to help you with your divorce, then the lawyer’s fees are around $8,600 and the cost of the divorce can range between $3,500 and $24,000.

How do I serve divorce papers in Kansas?

In Kansas, there is not a mandatory period of separation prior to divorce. As long as you have been a resident of the state for sixty days prior to filing the petition for divorce, you are not required to live separately before or after the petition has been filed. The court has jurisdiction to grant the divorce once the petition has been on ...

Who has to pay court fees in a divorce?

Who pays the costs in court proceedings? Despite prevailing opinion, it really does matter who initiates divorce proceedings. If you are the one who is being divorced (the “respondent”), the Court might order you to pay the legal fees of both sides.

How much does a divorce lawyer cost in Kansas?

Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesOther Divorce Costs and Attorney FeesKansas$400Average fees: $8,000+Kentucky$148 (without an attorney), $153 (with an attorney)Average fees: $8,000+Louisiana$150 to $250Average fees: $10,000Maine$120Average fees: $8,000+48 more rows•Jul 21, 2020

How much does it cost to file for divorce in Kansas?

The filing fee to initiate a divorce proceeding in Kansas is approximately $200. There is an additional fee for serving papers on the other spouse if they choose not to cooperate. A family law attorney will often charge anywhere from $300 to $400 an hour depending on the attorney.Dec 11, 2020

Does infidelity affect divorce in Kansas?

Infidelity is one of the major contributing factors in many divorces. However, while Kansas is a “hybrid” state, allowing for both fault and no-fault divorce, the grounds under a fault divorce are very limited and do not include infidelity.Jul 29, 2020

How are assets divided in divorce in Kansas?

Kansas divides marital assets via equitable distribution, which means that the court attempts to divide marital assets in a fair and equitable manner between the spouses, taking multiple factors into account in order to determine the equitable distribution for each spouse.

How long does it take for a divorce to be final in Kansas?

How Long Does Divorce Take in Kansas? Once you file for divorce, you'll need to wait at least sixty (60) days before a judge will grant your divorce. This 60-day waiting period applies even if you and your spouse have reached an agreement on all terms of your divorce.

Who serves divorce papers in Kansas?

Serving Your Spouse in Kansas You can't serve your spouse yourself; you must have someone who's at least 18 years of age and not a party to the case do it. In Kansas, you can complete service by: requesting that the sheriff deliver the papers by filling out a Request for Service form.

What is the fastest way to get a divorce in Kansas?

You can get a relatively quick divorce in Kansas when your case is uncontested. However, even when spouses agree on all terms of the divorce, there's a 60-day waiting period from the time you file your case until a judge can finalize your divorce.

Can I get a divorce without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.Apr 26, 2018

How long do you have to pay spousal support in Kansas?

121 monthsDuration of Alimony: In Kansas, spousal support cannot be awarded for longer than 121 months. However, the parties can agree to a longer term in a property settlement agreement if they chose. Court-ordered maintenance ends when either spouse dies or when the recipient spouse remarries.

Do you have to pay alimony if your spouse cheats Kansas?

The court did not consider an unfaithful spouse who moved in with her lover to rise to this standard. In other words, typical adultery situations will not affect the equitable distribution of property, alimony, child custody, child support or other divorce issues.Jan 4, 2015

Can you sue for alienation of affection in Kansas?

Kansas: No, legislation was enacted to abolish the right to bring an alienation of affection lawsuit. Kentucky: No, alienation of affection lawsuits were abolished through judicial decision.Jul 19, 2020

Kansas Divorce Laws: The Basics

State laws determining the legal requirements for divorce set out the process by which marriages become legally dissolved. Kansas, like many states, has a 60-day residency requirement to file for divorce, as well as a 60-day waiting period between a divorce filing and a court hearing.

No Fault Divorce Laws

Along with many other states recently, Kansas offers what is known as a “no fault” divorce under the state’s “incompatibility” ground for divorce. In a no fault divorce, you don’t have to prove (or even allege) that your soon-to-be-ex engaged in any specific wrongdoing in order to get a divorce.

More Resources for Kansas Divorce Laws

Going through a divorce can be both emotionally difficult and legally complex. You can visit FindLaw’s section on Divorce for additional articles and information on this topic. Also, check out FindLaw's articles on Kansas Marital Property Laws and Kansas Child Custody Laws.

Get Professional Legal Guidance for Your Kansas Divorce

Divorce is difficult, complex, and often emotionally exhausting. Even without children, it can be difficult negotiating a settlement with your estranged spouse. That's why it helps to have an attorney by your side who knows the intracacies of Kansas divorce law. Get started today by reaching out to an experienced Kansas divorce lawyer near you.

What is the divorce rate in Kansas?

Kansas has an average divorce rate of 3.2% per 1,000 of the population which is comparatively lower than other states of the country. Divorce in this state is granted on both no-fault and fault divorce grounds. Kansas practices conservative family court laws. Divorce can only be requested on fault grounds, if you have valid grounds with proof.

What is an annulment in Kansas?

Annulment is the court’s declaration that the marriage never existed. It is a legal process to nullify a marriage. People in Kansas prefer divorce over annulment because it is hard to prove Kansas annulment grounds. Both the parties have the right to remarry after getting an annulment.

How long does it take to modify a child support order in Kansas?

According to Kansas divorce law, the court shall make provisions for the support and education of the minor children which may be modified within three years of the date of the modification order. This modification is subjected to changes in circumstances by the court.

Can you bail out a spouse in Kansas?

If your spouse has misrepresented him or herself to get married with you, you can bail out by filing for annulment under the Kansas annulment laws.

Can you get divorced in Kansas?

Material marital duties include financial and physical duties. You can claim divorce, if your spouse is not fulfilling the material marital and sexual obligations. This divorce ground in Kansas is a major cause of divorces in Kansas.

Can you file for consanguinity in Kansas?

The term consanguinity refers to blood relations. According to Kansas annulment laws, both you and your spouse can file for annulment in case you are blood relations like, father and daughter, mother and son, sister and brother, uncle and niece, aunt and nephew, grandfather and granddaughter or grandson and grandmother.

How much does it cost to file a divorce in Kansas?

Filing fees vary by county in Kansas but run between $100 to $200. Pay this fee to the clerk of the court at the time of filing. To find out the exact amount, contact the court in the county where you are going to file. You will also need to pay a separate fee to have the documents officially served on your spouse.

What is a decree of divorce in Kansas?

In Kansas, when a divorce is finalized, the court will issue a Decree of Divorce. This legal document is a detailed summary of the rights and responsibilities of each party. It covers a division of assets, child custody, visitation, alimony, child support, and other similar issues.

How many packets are there for divorce in Kansas?

The Kansas Supreme Court has approved these forms. There are two separate packets — one for filing an uncontested divorce without children, and another packet when the divorce includes minor children. To view the packets, go here. For a contested divorce, your best bet is to retain an attorney to assist you.

What is a divorce certificate in Kansas?

A Kansas divorce certificate only has basic information on it, such as the names of both spouses and the date and place of a divorce. It provides proof that a couple is no longer married. It can be used as documentation to complete name changes or to prove a person is single so that they can get married again.

What is an annulment in Kansas?

An annulment might be another alternative to divorce in Kansas. An annulment means that there was no valid marriage because specific legal requirements were not met. Annulments are allowed in Kansas and governed by laws in K.S.A. 60-1602. Annulments are granted only in certain circumstances.

Why is divorce not common in Kansas?

Fault-based grounds for divorce in Kansas are not common because they are more challenging to prove, and the cited reasons are limited. The only fault-based grounds that Kansas allows are: Failure to perform a “material” (relevant) marital duty.

What to do if your spouse lives in another state?

If your spouse lives in another state, it is your responsibility to find out the procedures required by the sheriff in that state and county and to pay any fees required . If your spouse lives in Kansas, complete the In-State Summons form. If your spouse lives in a state other than Kansas, complete the Out of State Summons form.

What is an uncontested divorce in Kansas?

An uncontested divorce in Kansas means that both your spouse and you agree on all the issues such as division of marital property and debts, alimony, child custody, child support and visitation, etc.

How long does it take to get divorced in Kansas?

KANSAS DIVORCE REQUIREMENTS. To file for divorce in Kansas, either your spouse or you should have been a resident of the state for a minimum of 60 days before filing the action. You must file the Petition for Divorce in the District Court of the county where either your spouse or you live. Once you have served your spouse ...

How long does a spouse have to be in an institution for mental incapacity?

The ground of incompatibility due to mental incapacity or mental illness of one/both spouses requires: The confinement of the spouse in an institution due to mental illness for 2 years and there is no need for continuous confinement. Decision of mental incapacity or mental illness of a spouse by a court while the spouse is in an institution, ...

How much does a divorce lawyer cost?

Lawyer Costs: If you are planning to employ a lawyer to help you with your divorce, then the lawyer’s fees are around $8,600 and the cost of the divorce can range between $3,500 and $24,000.

What happens when a divorce decree is signed?

Decree of Divorce: When the Decree of Divorce is signed by the judge, the marriage ends. Certificate of Divorce: This enters the divorce of the couple into the state’s records for the purpose of the vital statistics of the state.

What happens if you can't agree on divorce?

If your spouse and you cannot agree on some or all the issues of your divorce, then your case will go to trial, where a judge will hear your case. The judge will then go over the testimonies, evidence and witnesses presented by both sides and then make decisions regarding all the disputed issues.

What is the service of process in court?

“Service of process” is an extremely important procedure in the US legal system, which ensures that everyone knows what is going on and no one is ambushed.

What are the grounds for divorce in Kansas?

In Kansas, the grounds for divorce are incompatibility (no fault), failure to perform a marital duty, and incompatibility by reason of mental illness or mental incapacity of one or both spouses.

How long do you have to live separately in Kansas before divorce?

In Kansas, there is not a mandatory period of separation prior to divorce. As long as you have been a resident of the state for sixty days prior to filing the petition for divorce, you are not required to live separately before or after the petition has been filed.

How long can alimony be awarded in Kansas?

In Kansas, alimony cannot be awarded by the court for longer than 121 months. If both parties agree to a longer-term, it can exceed that time period. Court-mandated spousal support ends if either spouse dies or if the receiving party remarries.

What are the factors that affect the duration of a marriage?

These factors include the duration of the marriage, standard of living, financial standing of both parties, contribution to the marriage, age and physical condition of the spouses, ability to find employment, and the ability of the paying party to provide support to their spouse.

Can a Kansas divorce be entered before resolving other issues?

Some courts are willing to (and, in fact, some Kansas Courts automatically) bifurcate the issues, so that the divorce can be entered prior to resolving the other issues.

What happens if my spouse contests my divorce?

If your spouse contests the divorce, then you may have a series of court appearances to sort the issues out. Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway.

What does the judge decide about maintenance?

The judge will decide if maintenance should be paid in a lump sum, or in periodic payments, and whether or not it should be based on a percentage of earnings or on any other basis. The judge can also make modifications to the maintenance payments, or terminate them according to circumstances. 1. 1 K.S.A. 23-2902.

What do you need to do to end a marriage?

Second, you must have “grounds” (a legally acceptable reason) to end your marriage. Third, you must file the appropriate divorce papers and have copies sent to your spouse - for the exact rules for serving the papers, contact your local courthouse or an attorney.

What is incompatibility in marriage?

Incompatibility; Failure to perform a material marital duty or obligation; or. Incompatibility by reason of mental illness or mental incapacity of one or both spouses. 1. To prove the ground of mental illness or mental incapacity, the judge must find that: there has been confinement in a mental institution for a period of 2 years ...

How long does it take to get divorced in Kansas?

Divorce is a legal termination of a marriage. To get a divorce in Kansas, the petitioner must be a Kansas resident for 60 days. There are several grounds for granting a divorce: incompatibility (no-fault); failure to perform a material martial duty; and mental illness (where spouse has been confined to a mental institution for two years or the court has found the spouse mentally ill or mentally incapacitated). Suits must be filed in the district court in which either spouse lives at the time of filing or where the spouse being filed against can be served.

How to contact a lawyer in Kansas?

Contact the Kansas Bar Association's Lawyer Referral Service. Call 1-800-928-3111 and ask for the name of a lawyer who handles domestic relations cases. For those who cannot afford a private attorney, free legal assistance to low-income people is available in all counties.

What happens to a common law marriage?

Common Law marriages are subject to the same legal obligations and privileges that apply to marriages with licenses. Once a common law marriage is established, the couple must get a court ordered divorce to terminate the marriage.

What is common law marriage in Kansas?

A common law marriage will be recognized in Kansas if the couple considers themselves to be married and publicly holds themselves out to be married and if they are legally eligible to marry. No minimum period of cohabitation is required.

What is the legal contract for marriage?

It affects your rights to own and to sell property, the amount of income tax that you owe, your need for a will and insurance, and your retirement plans. Before you marry, both parties must go to the district courthouse and apply in person and sign an Application and Affidavit to Obtain Marriage License under oath.

Is it legal to live with someone in Kansas?

In Kansas it is no longer illegal for persons of the opposite sex to live together and share a sexual relationship without being married. However, couples living together should be aware that although they avoid the legal obligations of marriage by doing so, they are also denied the legal protections of marriage.

Do you need a blood test for a marriage license?

Blood tests are no longer required. A fee is charged for the license. If both you and your fiancé are 18 or older you do not need any other person's consent. If you or your fiancé are under 18, a parent or guardian and a district court judge must consent.

How Lawyers Set Their Fees

Alright, the reality is that there are a ton of different ways that you can pay your lawyer and different ways that they will decide what is an appropriate cost. In a divorce there are two basic ways that lawyers will charge you, Fixed (or Flat) Fees and Hourly Billing.

Fixed Fees

The less common method is fixed fees. The idea of a fixed fee is the lawyer tells you the total divorce is going to cost a certain amount and then you pay it. Done, that is all. You may pay filing fees, you may pay for your expert witnesses, and you may pay for depositions. However, the cost of the lawyer is set.

Hourly Billing

Hourly billing is, by a huge margin, the way most attorneys will bill their cases. Part of the reason for that is the Missouri Supreme Court issued an ethical opinion that makes moving money on fixed rates very challenging, so attorneys tend toward hourly billing to make life easier on themselves.