Simplifying the process has become a hot topic for many divorcing couples. And with so many things becoming more manageable thanks to the internet, it’s only natural that divorce has too. Do not be mistaken, though. You won’t be able to have a divorce over the Internet. However, you can simplify the first steps online. We hope our detailed guide on filing for divorce online in Kansas will help make the process easier for you and relieve some of the stress of ending your marriage.
The Divorce Filing Process in Kansas: Step by Step Guide
Online divorce is a convenient and affordable way to prepare for marriage dissolution if both parties agree to do it peacefully and don’t have unresolved issues such as property division, child custody, or spousal support. Here are the basic steps you should take to do it right.
Step 1: Meeting the Residency Requirements in Kansas
Before filing for divorce in Kansas, you must first meet the residency requirement. According to state law, at least one of the spouses must have been a Kansas resident 60+ days to apply for divorce. There is also an exception for the military. If you or your spouse have been stationed at a US post or military reservation in Kansas for 60 days, you are eligible to file your forms in any county near your post or reservation.
Step 2: Stating the Grounds for Divorce
In Kansas, couples can choose between fault-based and no-fault divorce options. By getting a no-fault divorce, couples only have to state that their marriage is irretrievably broken or they are incompatible with each other. In Kansas, this is enough for the judge to grant a divorce. It also implies a fast process and a chance to partially complete divorce online.
If a couple chooses the fault-based divorce, they can pick out of two main options:
- Inability to perform one or several marital duties;
- One or both spouses are mentally ill.
Step 3: Documents Preparation
The complexity of the document preparation process heavily depends on whether or not you have an uncontested divorce and whether you have underage children. To avoid unnecessary complications and expenses, lots of couples decide to make it amicable. This option allows you to prepare the necessary documents for the dissolution of marriage without an attorney if you choose. It is called an Internet divorce and means that you will prepare your paperwork by using the services of one of the available online divorce companies.
Here’s how it works: you answer questions about your case, marriage, and divorce in an online questionnaire. The questions may vary depending on the state of your residence and your peculiarities.
After completing the questionnaire, there is a short waiting period. The online divorce service uses your answers to select and complete the necessary documents for your case. It usually takes no longer than a couple of business days. This type of “do it yourself” divorce is relatively inexpensive – usually no more than a few hundred dollars. However, you’ll need to pay filing fees at the court later, and they may slightly increase the overall cost of divorce.
A DIY divorce is a great option for those couples who don’t have to worry about property division, child custody, or alimony. After your paperwork is ready, you can file it with the court.
Step 4: Filing For Divorce
When filing for divorce, the couple should do it in the county where at least one of them lives. Such counties are also called venues.
There are a few ways that you can prove your residency in Kansas. The first and easiest way is to provide a valid Kansas driver’s license. You can also use your ID card or voter’s registration permit, registered 6+ months prior to your divorce. If there is no way for you to prove your residency with a document, you can ask a local friend to testify that you have lived in the state for over half a year. Finally, you can use your Affidavit of Corroborating Witness as proof that you’ve been a legal resident in Kansas for the required period.
How to File Your Documents Electronically (e-Filing)
In Kansas, you can submit your divorce paperwork online. It is now common practice for many US courts. You would only need to have a computer and scanned copies of your divorce papers.
First of all, you’ll need to register yourself at the Public Access to Court Electronic Records (PACER) system. Keep in mind that each federal court issues its own login and password because of the different CM/ECF systems. If you receive your login and password in the District of Kansas, you’ll be able to file your paperwork in any Kansas division – Topeka, Kansas City, or Wichita. Both you and your spouse will have to register in the system as you can only file documents that you have personally created on your behalf.
If you’re unfamiliar with such aspects of web divorce as e-filing, a court might provide you training. You’ll be able to practice document filling within the system to send your application for divorce online without trouble in the future. Also, don’t forget to familiarize yourself with all the rules and procedures of the court. The necessary documentation can be found in section “Rules” or “FAQs” on every court’s website.
You won’t be able to file the documents required to initiate your case electronically. Only the court clerk can do this. If you want this process to be quicker, you can send your documents to the clerk in electronic form. To successfully submit your documents, you must first convert them into PDF format. The court will also review your submission and will make changes to the number of documents if necessary. Also, don’t forget to make copies of your PDF-formatted papers. You need to be able to access them at any time.
Step 5: Serving the Documents With Your Spouse
After the documents have been filed, a petitioner should serve them to the respondent for further proceeding. The court clerk will assign you a case number that you’ll later have to put on any additional documents. To serve the documents to your spouse in a legal way, you can either hire a process server or turn to a sheriff’s deputy. If your spouse hired a lawyer, you could send the documents to their office without meeting your spouse.
Final Thoughts
Online filling and submission of divorce documents can be a real savior in our high-paced world. It is a great option for couples who agree on every aspect of the divorce process, such as property division or alimony, and don’t need to hire a lawyer. In this situation, the online submission will help you save your time and eliminate additional stress from personally filing your paperwork with the court.
