Charles W. Harper, LLC Attorney at Law

 

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Divorce, Family Legal Services and Civil Law

HomeDivorce FYILinksLegal Sec. pg

A. JURISDICTION: The first and foremost consideration in filing an action for divorce in the State of Kansas requires that we meet the Kansas jurisdictional requirements. If you have previously lived in the State of Kansas, and if you have considered yourself to be a resident of the State of Kansas for more than 60 days prior to filing, we may have proper jurisdiction. If your spouse alone has been an actual resident of Kansas for more than 60 days prior to filing, we may also have proper jurisdiction. For Militay Personnel, being stationed at a military installation within the State of Kansas for 60 days or more may also give the Kansas Court proper jurisdiction for divorce, child support and custody related issues.

B. RESIDENCY FOR CHILD CUSTODY: Kansas has adopted the Uniform Child Custody Jurisdiction and Enforcement Act which generally requires that all initial actions for custody of children be brought in the CHILDREN’s "home state", which is generally defined as the state where the children have lived for the preceding six (6) months. There are certain exceptions to this rule which should be discussed on a case by case basis. And if there is an earlier Court Order issued by some State relating to Custody there may be other issues regarding Kansas jurisdiction that should be discussed with the attorney.

C. CUSTODY ORDERS: Kansas generally awards both parents JOINT custody of the minor children, subject to an order placing residential care with one parent and awarding the other parent reasonable visitation that is now referred to a parenting time.

D. CHILD SUPPORT: Kansas has adopted mandatory child support guidelines that with the assistance of a complex computer software program inputs GROSS monthly incomes of both parties, tax dependent status, daycare expense and medical insurance costs for the children to arrive at an initial indicated amount of child support. Deviations may be allowed by the Court for various factors but this should be discussed on a case by case basis with the attorney.

E. DO NOT TRY TO USE A "SELF-HELP" KIT TO OBTAIN A DIVORCE. THE ISSUES ARE MORE COMPLEX THAN THEY MAY APPEAR TO THE UNINFORMED AND OFTEN HAVE CONSEQUENCES FAR BEYOND YOUR BELIEF OR ANTICIPATION. TALK TO AN EXPERIENCED DIVORCE LAWYER AND NOT SOME "CUT RATE" HACK WITH THE "LOWEST" UP-FRONT PRICE AND LIKELY THE LEAST AMOUNT OF EXPERIENCE. A DIVORCE MAY LAST FOREVER SO HAVE IT DONE RIGHT WHICH WILL SAVE YOU MONEY IN THE LONG RUN.