In a separation, the court demands an equitable division of assets and debt.
Kansas Legal Separation - Kansas Divorce Source
The couple should try to agree on custody and visitation for their children; the judge, however, has final authority to determine custody rights. Using a model separate maintenance agreement as a guide, the parties can write their own. The arrangement must include a division of both assets and debts. It should also include child support and custody issues, if they apply. The spouses should negotiate until they are satisfied, and should double-check everything when a draft of the maintenance agreement has been reached.
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This makes certain all issues have been addressed. A separation agreement is a legal binding contract signed by spouses, which is intended to resolve property, debt and child related issues. This can be a very complex and detailed document depending upon the unique situation of the marriage.
Many spouses consult an attorney to provide this or they decide to prepare their own. A Kansas family law court, or a reputable legal document provider, can provide the necessary legal forms to file for separation, which include a Petition for Separate Maintenance.
They must be completed following the form instructions. The notarized Separate Maintenance agreement is joined to the petition, which is described in Kansas Statutes, Article 16, Chapter 60, Section The petitioner must evaluate his or her grounds for a legal separation. In Kansas, a filing for legal separation is done on the same grounds as a divorce, which are: incompatibility with the spouse documented insanity of either spouse, or a clear failure to perform a material marital duty.
A sworn affidavit stating that you are unable to pay the filing fee and explaining your income and expenses must also be filed with the motion. Some judges may require a hearing before ruling on the motion to waive filing fees, but many will deny or grant the request based solely on the information in the motion and affidavit.
Online Divorce in Kansas
In many states, qualifying for a fee waiver is difficult because it requires the filer to have an income that falls well below the federal poverty level. Most people will file for divorce in the county where either they or their spouses reside. Short of being granted a fee waiver, there isn't anything that can be done to avoid paying a filing fee if you want to get divorced.
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However, there are a number of ways to minimize paying additional fees to the Court. Avoiding response fees by not having your spouse file an unnecessary Answer, having your spouse sign a document waiving formal service of divorce papers by a process server, and agreeing on all issues before filing for divorce to avoid the increased fee sometimes charged for contested divorces are all ways to keep the final cost of your divorce to a minimum.
Divorce papers prepared on DivorceWriter come with detailed filing instructions and all of the documents needed to complete your divorce as inexpensively as possible. However, this site does not provide legal advice and use of this site is not a substitute for hiring an attorney licensed to practice in your state.
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Divorce attorneys almost always charge by the hour, rather than a flat fee, because every divorce case is unique. You and your spouse may find it easy to compromise and settle your entire case after one or two short meetings.
However, our survey results on total costs discussed below can give you a general idea of what other people paid their lawyers overall, and how certain factors affected those fees. See the results of our separate study on hourly rates for family lawyers across the country for details about rates reported by attorneys in different states and metropolitan areas, as well as their policies on offering free consultations for new clients.
And even if you do have conflicts, you can still save a lot by working them out in settlement negotiations rather than going to trial. But our survey reveals just how much of a financial difference it makes when you and your spouse take a long time to resolve your disputes.
How Divorce Attorneys Charge Fees
In addition to the number and type of contested issues—and whether you go to trial—there are several reasons divorces can take a long time , including combative spouses or attorneys and the amount of time needed to gather evidence about things like complex finances or custody issues. Attorneys generally bill you usually increments of six to 15 minutes for everything they do in connection with your case, including:. Almost all divorce lawyers will ask for an advance on their fees called a retainer when you hire them.