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Instructions for FILING Divorce – With Children
(This packet contains: Instructions, Civil Information Sheet, Petition for Divorce, Voluntary Entry of Appearance, Request for Service Form, Summons, Domestic Relations Affidavit, Child Support Worksheet, Parenting Plan, Kansas Payment Center Information Sheet, Vital Statistics Worksheet, Notice of Final Hearing and Decree of Divorce. It is for use in divorces where the filing person and spouse have children of their relationship together. The packet also includes Affidavit for Service by Publication, Order Allowing Service by Publication and Notice of Suit forms that are used ONLY if there is no other way to notify your spouse of the divorce filing as provided in instruction 4d.) Read these directions carefully and completely. When completing forms, type or print neatly in ink. These forms are for non-commercial use only. These forms are copyrighted by the Kansas Judicial Council and are provided free of charge. These 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. (Usual copy rates may apply.) WARNINGS 1. These 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. It is important to note that property decisions are binding and may not be subject to modification. In addition, agreements regarding debt are NOT binding on, and do not affect the rights of, third parties. 7. If one spouse is to receive part of the other spouse’s retirement benefits, 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 pro se forms.

Rev. 07/09 ©KSJC

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Facts About Filing for Divorce in Kansas: • • • • • • You or your spouse must have lived in Kansas for at least sixty (60) days before filing a Petition for Divorce with the court. You must start the legal process by filing certain documents, and paying a filing fee, with the Clerk of the District Court in the county where you or your spouse lives. Once your case is filed, you will be given a case number which must be on all documents you file with the court in the future. If you are filing for 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 Petition for Divorce, it is important that you inform the Clerk of the District Court if you or your spouse’s address changes. Terminology: • Filing Spouse = Petitioner •…