Equitable does not mean equal, but rather what is fair.The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.The court will assign a case number and have jurisdictional rights to facilitate and grant the orders concerning, but not limited to: property and debt division, support, custody, and visitation.The name of the court is clearly represented at the top of all documents that are filed. These are the essential documents needed to start and finalize a divorce according to Kansas law.The court may make a modification of maintenance retroactive to a date at least one month after the date that the motion to modify was filed with the court.In any event, the court may not award maintenance for a period of time in excess of 121 months.
The decree may make the future payments modifiable or terminable under circumstances prescribed in the decree.Yes, although it is not common in Kansas to pursue a divorce on fault grounds. At anytime, as long as at least one of the parties has resided in Kansas for at least 60 days prior to filing for divorce. If Kansas is your residence of record (and has been for at least 60 days prior to filing the petition), you can file in Kansas. Service can be made by the sheriff, private process server, via certified mail, or by publication if no other method of service can be achieved.An award of maintenance is based on an economic imbalance between the spouses, so an award of spousal maintenance would depend on the unique factors of your individual case. A decree of divorce can be issued no less than 60 days from the date of filing. It depends on whether there are contested issues and whether your spouse is represented. You cannot marry someone prior to the finalization of the divorce, meaning a judge has signed and filed the divorce decree with the court. Only one party has to plead that the parties are incompatible in order for the court to grant the divorce on the ground of incompatibility. 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. A Petition for Decree of Divorce initiates the divorce process. A divorce is granted by a judge signing a Decree of Divorce and filing the decree with the court.If the original court decree reserves the power of the court to hear subsequent motions for reinstatement of maintenance and such a motion is filed prior to the expiration of the stated period of time for maintenance payments, the court shall have jurisdiction to hear a motion by the recipient of the maintenance to reinstate the maintenance payments.(Kansas Statutes - Chapter 60 - Article 16 - Subject: 1610) At any time prior or subsequent to the alteration of the parties' marital status the court may order that any party or parties and any of their children be interviewed by a Psychiatrist, licensed Psychologist or other trained professional in family counseling, approved by the court, for the purpose of determining whether it is in the best interests of any of the parties' children that the parties and any of their children have counseling regarding matters of legal custody, residency, visitation or parenting time.If the opinion of the professional is that counseling is in the best interests of any of the children, the court may order the parties and any of the children to obtain counseling.