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Kansas Divorce Definitions

This collection of definitions will help clarify some unique characteristics to the Kansas Divorce laws, process and paperwork which is filed with the court.

Filing Party Title:
Petitioner

The spouse who will initiate the Divorce by filing the required paperwork with the court.

Non-Filing Party Title:
Respondent

The spouse who does not initiate the Divorce with the court.

Court Name:
In the District Court in and for the County of ___________, Kansas

The proper name of the court in which a Divorce is filed in the state of Kansas. Each jurisdictional court typically has a domestic relations or a family law department or division.

Child Support Enforcement Website:
http://www.srskansas.org/ees/cse.htm

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In the matter of the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Divorce Document:
Petition for Divorce

The title and name of the legal document that will initiate the Kansas Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Divorce Document:
Decree of Divorce

The title and name of the legal document that will finalize the Kansas Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
District Clerk’s Office

The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

Either spouse must have been a resident of Kansas for 60 days immediately before filing for legal separation. The grounds for legal separation are: (1) incompatibility; (2) failure to perform a marital duty or obligation; and (3) incompatibility due to mental illness. [Kansas Statutes Annotated; Chapter 60, Article 16, Subjects 1601 and 1603].

Property Distribution:
Equitable Distribution

The applicable Kansas law that will dictate how property and debt is to be divided upon Divorce.