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Parties should file the original of all pleadings with the Clerk of District Court, and furnish a copy to the opposing party. Some pleadings require filing fees that must be paid at the time the pleadings are filed. Your name, address, and telephone number must be listed on your documents, as well as the name, address, and telephone number of the opposing party. Your case number and case caption should be listed on your documents as well. Pleadings will be reviewed by the judge on your case within 60 days from filing. You will be notified in writing if a hearing is scheduled in your case. If you have not been notified within 90 days, you should file a written request for hearing with the Clerk of District Court.
By Kansas law, neither District Court personnel , the judge, nor the judge’s assistant are allowed to give legal advice. You are allowed to file pleadings on your own, but if you are not sure how to proceed, what to file, or have legal questions, you should consult with an attorney. Should you desire information on low cost legal services or advice on how to proceed in court, you may contact Kansas Legal Services’ Access to Justice Advice Line at 1-800- 675-5860, or Kansas Bar Association Lawyer Referral Service at 1-785-231-1191.
District court personnel will not release information on any case inquiry over the telephone. You may appear in person to review the court file or to check the status of your case. You may also mail, fax or email a request in writing to the court for information on your case. You should include an address, phone number, and a fax number or email address that you desire the court to respond to.
All petitions for divorce filed must include the following documents and payment of $147.00 filing fee:
You are allowed to file a divorce on your own, but District Court does not provide any of the documents required to do so. You should either consult with an attorney or obtain a divorce kit for the appropriate documents. The clerk of district court does have an order form for one type of divorce kit. You may use it or another kit.
If the parties have agreed on all issues in the divorce, final pleadings granting the divorce should be submitted at time of filing. If appropriate, those pleadings will be signed by the judge after a 60 day waiting period has expired. If the judge finds that the documents are not adequate, or has questions, or needs further information, the parties will be notified in writing of a date and time to appear before the judge to discuss these issues.
If the parties do not agree on the divorce, the Summons, Request for Service documents, and the sheriff service fee of $5.00 should be filed with the Clerk of District Court at the time your petition is filed. The Clerk will issue those documents to the sheriff to be served on the opposing party. If the opposing party is not served, you will be notified to provide the Clerk of District Court with new information on where he/she can be served. If the opposing party is served, parties will be notified in writing of a hearing date and time to appear before the judge to argue your case.
Any motions asking for relief from the court must be served on the opposing party, with the original filed with the Clerk of District Court. Proof of such service must also be filed with the court. Certain motions filed after a divorce has been granted require a $33.00 filing fee at the time the motion is filed. Parties will be notified in writing of a hearing date and time for the motion to be heard. The Clerk of District Court has document forms for only the following post-divorce motions: Motion to Enforce Visitation, Motion to Modify Custody, or Motion to Modify Child Support. A current Domestic Relations Affidavit must accompany the filing of any such motion.
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Updated: February 26, 2008