Nelson & Booth| Child Custody, Parenting Time & Visitation

Nelson & Booth
attorneys at law

Is it important that I file for divorce before my spouse?

There is no legal significance to whether the husband or wife files the domestic relations Petition. Because Kansas is a "no-fault" divorce state, the court does not take into consideration in making its ultimate decision on issues which spouse was the first to file a domestic relations petition.

There may, however, be some procedural or tactical advantages to be the first person to file a petition. For example, the person who first files a domestic relations petition has the opportunity to request the issuance (or to protect against the issuance) of ex parte temporary orders (orders issued on application and presentation of only one side to the dispute).

Also, if a domestic relations action is already on file, some courts in Kansas will not allow other domestic actions involving the same parties to be filed, unless there is an allegation that a spouse or child is being abused.

NELSON & BOOTH is a law firm engaged exclusively in a family law practice emphasizing complex domestic relations actions, including divorce and determination of parentage, property division, child custody, parenting time, spousal and child support and representation of parents in cases of international child abduction.

The attorneys at NELSON & BOOTH are licensed to practice only in the
states of Kansas or Missouri.

E-mail: Ronald W. Nelson or Joseph W. Booth

nelson & booth

attorneys at law

Last updated 11/6/2003