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How anyone starts a domestic relations case depends where
they are at in their decision to end their relationship.
We often consult with people who are just starting to think
about divorce and want to gather information about what needs to be done. This
is the best thing to do – rather than to jump immediately into filing for divorce.
We recommend that you consult with a few lawyers to find
the best “fit” for you. A divorce is often a highly emotional and chaotic time
in a person’s life. There are many good lawyers handling divorces, but if that
lawyer does not fit your personality, then you may have a disastrous experience.
The lawyers at Ronald
W Nelson, PA provide initial consultations for a fee of $350. During this
initial consultation, our lawyers will review Kansas law, your rights, duties,
and responsibilities, and our recommendations about how you can best work out
your disputes without filing for divorce – or, if divorce is inevitable, to
start that process.
In order for the lawyers at Ronald W Nelson, PA to file any domestic relations case, we must
be “retained” as your attorneys. In order for us to be “retained,” we require:
(a) a signed attorney-client fee agreement; and
(b) the payment of a retainer deposit; and
(c) the signing of a verification affirming the facts in
the petition or answer are true; and
(d) we must have the information necessary for us to prepare
the documents needed to be filed; and
The first step taken in actually starting any domestic relations
action is the filing of the "petition." The petition is a simple,
straightforward legal document that contains the basic information about
the action for the court's information.
The spouse who first files the petition is the "petitioner"
– although Kansas
law says that term is not supposed to be used to
refer to that person. The other spouse — the spouse against whom the
Petition for Divorce is filed — is the "respondent."
The following information is included in the petition:
– Names of
Husband and Wife;
–Date
and place of marriage;
–Grounds
for divorce, separate maintenance or annulment;
–Names,
dates of birth and ages of any children of the marriage;
–A
request that the parties' property and debt be divided;
–A
request for child support and/or spousal support, if applicable;
If there are minor children of the marriage, then additional
information about the children’s residence addresses and the persons with
whom they have lived during the past five years must be included in the
petition.
In addition, the spouse filing the divorce will often
need to fill out for filing a “domestic relations affidavit” (or “financial
affidavit”) so that the court has basic information about the parties’
assets and debts, as well as employment and income information.
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