"Instructions for Responding to Divorce Proceeding - With Children" - Kansas

Instructions for Responding to Divorce Proceeding - With Children is a legal document that was released by the Kansas Judicial Branch - a government authority operating within Kansas.

Form Details:

  • Released on December 1, 2016;
  • The latest edition currently provided by the Kansas Judicial Branch;
  • Ready to use and print;
  • Easy to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of the form by clicking the link below or browse more documents and templates provided by the Kansas Judicial Branch.

ADVERTISEMENT
ADVERTISEMENT

Download "Instructions for Responding to Divorce Proceeding - With Children" - Kansas

Download PDF

Fill PDF online

Rate (4.7 / 5) 31 votes
Instructions for RESPONDING to Divorce Proceeding– With Children
(You may need to copy or download the following forms: Instructions, Answer, Voluntary Entry
of Appearance, Domestic Relations Affidavit, Child Support Worksheet, Parenting Plan, Notice
of Final Hearing, and Decree of Divorce. These forms are for use in responding to divorce
actions when the filing person and spouse have children from their relationship together.)
Read these directions carefully and completely. When completing forms, type or print neatly in
ink.
The Judicial Council forms are for non-commercial use only. The forms are copyrighted by the
Kansas Judicial Council and are provided free of charge. The forms cannot be sold, republished,
or otherwise transferred from one person to another for compensation or other value without the
Kansas Judicial Council’s express written permission.
WARNINGS
1.
The forms provided by the Judicial Council are basic forms for simple divorces. They
do not deal with every divorce situation. A divorce can be complicated and using legal
forms without an attorney’s help can harm your legal rights.
2.
The Clerk of the District Court cannot help you prepare these forms. The Clerk
cannot give legal advice about your rights or responsibilities and can only provide very
limited information about the divorce process. If you have any questions, you should
contact an attorney.
3.
It is illegal for anyone who is not licensed to practice law in Kansas to: (A) give
another person advice about that other person’s legal rights or duties; (B) help another
person to select, draft, or complete any legal document that affects the other person’s rights
or duties; (C) represent another person in court; and (D) help another person negotiate
legal rights or responsibilities. If you paid a company for these forms, contact the Attorney
General’s consumer complaint hotline and the Kansas Judicial Council.
4.
Courts require anyone filing a divorce case to follow court rules. You must follow the
court rules or you will not be able to finish your case. Self-represented persons are
expected to know the rules as if you were an attorney.
5. IF YOUR SPOUSE IS ACTIVE-DUTY MILITARY, YOU SHOULD CONSULT AN
ATTORNEY
BECAUSE
YOU
MUST
MEET
SPECIFIC
ADDITIONAL
REQUIREMENTS.
6.
Property decisions are binding on you and your spouse and may not be changed.
Agreements are NOT binding on, and do not affect the rights of anyone other than you and
your spouse.
7.
If one spouse is to receive part of the other spouse’s retirement, additional documents
may be needed to complete the transfer. You will need to seek the advice of an attorney to
complete this process because it is outside the scope of these forms.
Rev. 12/2016 ©KSJC
1 of 3
Instructions for RESPONDING to Divorce Proceeding– With Children
(You may need to copy or download the following forms: Instructions, Answer, Voluntary Entry
of Appearance, Domestic Relations Affidavit, Child Support Worksheet, Parenting Plan, Notice
of Final Hearing, and Decree of Divorce. These forms are for use in responding to divorce
actions when the filing person and spouse have children from their relationship together.)
Read these directions carefully and completely. When completing forms, type or print neatly in
ink.
The Judicial Council forms are for non-commercial use only. The forms are copyrighted by the
Kansas Judicial Council and are provided free of charge. The forms cannot be sold, republished,
or otherwise transferred from one person to another for compensation or other value without the
Kansas Judicial Council’s express written permission.
WARNINGS
1.
The forms provided by the Judicial Council are basic forms for simple divorces. They
do not deal with every divorce situation. A divorce can be complicated and using legal
forms without an attorney’s help can harm your legal rights.
2.
The Clerk of the District Court cannot help you prepare these forms. The Clerk
cannot give legal advice about your rights or responsibilities and can only provide very
limited information about the divorce process. If you have any questions, you should
contact an attorney.
3.
It is illegal for anyone who is not licensed to practice law in Kansas to: (A) give
another person advice about that other person’s legal rights or duties; (B) help another
person to select, draft, or complete any legal document that affects the other person’s rights
or duties; (C) represent another person in court; and (D) help another person negotiate
legal rights or responsibilities. If you paid a company for these forms, contact the Attorney
General’s consumer complaint hotline and the Kansas Judicial Council.
4.
Courts require anyone filing a divorce case to follow court rules. You must follow the
court rules or you will not be able to finish your case. Self-represented persons are
expected to know the rules as if you were an attorney.
5. IF YOUR SPOUSE IS ACTIVE-DUTY MILITARY, YOU SHOULD CONSULT AN
ATTORNEY
BECAUSE
YOU
MUST
MEET
SPECIFIC
ADDITIONAL
REQUIREMENTS.
6.
Property decisions are binding on you and your spouse and may not be changed.
Agreements are NOT binding on, and do not affect the rights of anyone other than you and
your spouse.
7.
If one spouse is to receive part of the other spouse’s retirement, additional documents
may be needed to complete the transfer. You will need to seek the advice of an attorney to
complete this process because it is outside the scope of these forms.
Rev. 12/2016 ©KSJC
1 of 3
Facts About Filing for Divorce in Kansas:
 You or your spouse must have lived in Kansas for at least sixty (60) days before a
Petition for Divorce may be filed with the court.
 The legal divorce process is started by filing certain documents with the Clerk of the
District Court in the county where you or your spouse lives.
 Your divorce case has a case number which must be on all documents you file with the
court in the future.
 If you are proceeding with a divorce without the assistance of an attorney, you are
responsible for completing all the necessary forms and the Clerk of the District Court
cannot help you prepare any legal documents or provide any legal advice.
 Once you have filed your Answer, it is important that you inform the Clerk of the District
Court if you or your spouse’s address changes.
 Terminology:
o Petitioner = Person who files the Petition
o Respondent = Person who did not file the Petition
o Parties = Petitioner and Respondent
 Case Caption:
The section above the title of every document is called the case caption. It identifies
which county the case was filed in, the case number, and the names of the people
involved in the case. The person who originally filed the petition is listed on the top line
and is called the “Petitioner.” The person who did not file the petition is listed on the
lower line and is called the “Respondent.” These name designations remain the same for
the entire case including in all documents filed with the court after the divorce is final.
Instructions for responding to a divorce action:
1.
You have the right to file an Answer to a Petition for Divorce but you are not required to
do so. If you are on active military duty you should not file an Answer before seeking
the advice of an attorney.
2.
If you choose to respond to the Petition for Divorce, complete the Answer, Domestic
Relations Affidavit and a Parenting Plan if you disagree with the filing spouse’s
parenting plan.
3.
Sign the Answer in front of a notary public. Notary publics may commonly be found in
law firms, title companies and financial institutions, i.e. banks and credit unions.
Rev. 12/2016 ©KSJC
2 of 3
4.
File with the Clerk of the District Court:
 the original Answer with required copies;
 the original Domestic Relations Affidavit with required copies; and
 the Voluntary Entry of Appearance, if not already filed.
(Check with the Clerk or the local rules to determine the number of additional copies
required.)
The Clerk of the District Court will place a stamp (“file stamp”) on the front of each
document indicating when it was received.
5.
On the same day you file documents with the Clerk of the District Court, you must mail a
file-stamped copy of all documents filed with the court (the Answer, Domestic Relations
Affidavit, Voluntary Entry of Appearance) via U.S. Mail, postage prepaid, to the
Petitioner and the Petitioner’s attorney, if any. You may be able to find the most recent
address for the Petitioner or Petitioner’s attorney on the Petition.
6.
Complete the Child Support Worksheet (CSW). Instructions about calculating child
support and completing the CSW may be found on the Kansas Judicial Branch website at
http://www.kscourts.org/rules-procedures-forms/Child-Support-Guidelines/default.asp, or
by visiting your local law library. The CSW must be completed prior to your hearing.
============= Instructions prepared by the Kansas Judicial Council =============
Rev. 12/2016 ©KSJC
3 of 3
Page of 3