Frequently Asked Questions:
We frequently receive questions about Kansas law on basic issues of critical importance to everyone. Because we think it’s important that correct information about these questions is easily available, we have collected these common questions and their answers on this page as a public service. Keep in mind that the answers to these questions provide only general information. The only way to know how the law affects individual situations is by contacting a knowledgeable family lawyer licensed in the state about which you are asking to find out how the law applies to your particular situation. Although domestic relations situations are primarily governed by the state statutes in which the person lives or resides, individual judges determine how those statutes apply to specific situations in individual cases. Family law is not “black and white.” Applicable statutes do not specify how the courts must decide any case or issue. Instead, the applicable statutes guide attorneys and judges on applying broad principles in deciding family law issues, such as “equitable distribution,” “the child’s best interests,” and other similar legal principles. The information on this page is not intended to provide legal advice and does not create an attorney-client relationship between the viewer and NELSON & YARNELL. See our disclaimer page for further information.
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The Basics
- What kinds of domestic relations cases can be filed in Kansas?
- What is “Collaborative Family Law?”
- What is “mediation?”
- What is an “annulment?”
- What are the grounds for divorce in Kansas?
- How long do I have to live in Kansas to file for divorce?
- What is an “uncontested divorce?”
- Do I have any rights if I’m not married to my partner?
- What is “common law marriage?”
- How long does a divorce take?
- Can I claim that my spouse caused our divorce?
- Can my spouse say that I am the reason for our divorce?
- What happens if I don’t want a divorce?
- What happens if my spouse says I can’t have a divorce?
- Does it matter who files for divorce first?
- HELP! I was just served with divorce papers!
Attorney Representation and Self-Representation
- Do I need to have a lawyer represent me in a divorce?
- Do I really need a family law attorney to represent me in a divorce?
- Can I represent myself in a divorce?
- What is the risk if I represent myself in my own divorce?
- Can I have a lawyer help me represent myself in my own divorce?
- What happens in an initial consultation?
- What happens when I first come in to see an attorney?
- Are the things I tell my lawyer private?
- I don’t want anyone to know I talked with an attorney.
- Can one lawyer represent me and my wife (husband)?
- Can my spouse and I agree to use the same attorney?
Costs and Attorneys’ Fees
- How much does a divorce cost?
- What are “court costs?”
- Can I make the other person pay my attorney’s fees?
Starting the Process
- What is a “Petition?”
- What is an “Answer?”
- How do I respond to a divorce petition?
- What do I have to do to start a divorce?
- What do I do to start a case?
- Is it important to be the first one to file for divorce?
- What are “temporary orders?”
- How does the other person get the papers after those papers are filed?
- I’ve been served with a Petition for Divorce!! What do I do?
Marriage Dissolution – Divorce, Annulment and Separation
- Does Kansas recognize common law marriage?
- What kinds of domestic relations cases can be filed in Kansas?
- How long do I have to live in Kansas to file for divorce?
- What is an “annulment?”
- What are the grounds for divorce in Kansas?
- What is an “uncontested divorce?”
- What do I have to do to start a divorce?
- Do I have to be physically separated from my spouse to file for divorce?
- Is it important to be the first one to file for divorce?
- What are temporary orders?
- How does the other person get the papers after they are filed?
- How do I respond to a divorce petition?
- HELP! I’ve been served with a Petition for Divorce!! What do I do?
- How long does a divorce take?
- What is “Collaborative Family Law?”
- Can I move after filing for divorce?
- Can I date after filing for divorce?
- What happens if my spouse and I want to get back together?
- Can I claim that my spouse caused our divorce?
- Can my spouse say that I am the reason for our divorce?
- What happens if I don’t want a divorce?
- What happens if my spouse says I can’t have a divorce?
- How long does a divorce take?
- When is a divorce ‘final?’
- Will I have to go to trial?
- How can I get my maiden (or former) name restored if it wasn’t done in my Divorce?
Paternity, Maternity and Parentage
- What rights do I have if I’m not married to my child’s mother?
- How is paternity (parentage) established?
- Do I have any rights if my name isn’t listed on my child’s birth certificate?
Property Division
- Do I have any rights if I’m not married to my partner?
- How is property divided in a divorce?
- What happens if my spouse says I can’t have any property?
- What is ‘divorce planning?’
- Can I get a better division of property because my spouse has committed adultery?
Alimony, Maintenance, and Spousal Support
- Can I get alimony from my spouse?
- What is ‘maintenance?’
- How is the award of spousal support determined?
- Will I have to pay spousal support if my spouse quits a job?
- Do I have any rights to receive support if I’m not married to my partner?
Child Custody, “Visitation,” and Parenting Time
- Where do I file for child custody orders?
- Can I get “full custody” of my child?
- What is ‘legal custody?’
- What happens if there is a child custody dispute?
- What other child custody orders can be issued?
- What is ‘primary residential custody?’
- What is ‘shared custody?’
- Where do I file if I want to change a child custody order?
- What is a ‘material change in circumstances’ to change custody?
- What if I want to move and take my children after the child custody orders are entered?
Child Support
- How is child support determined?
- Where do I file a request for child support?
- How do I get my child’s medical expenses paid by the other parent?
- Can I refuse to allow the other parent to see our child if child support is not being paid?
- Can I refuse to pay child support because the other parent is not letting me see our children?
- Do I need to tell anyone that I’m moving if I receive or pay child support?
- Where do I file if I want to change a child support order?
- Will the court approve the child support agreement I made with my ex?
Procedural Issues
- How long do I have to live in Kansas to file for divorce?
- I’ve heard of “common law marriage.” Can I get a “common law divorce?”
- What is an “annulment?”
- Do I need a family law attorney?
- How long does a divorce take?
- When is a divorce ‘final?’
- Will I have to go to trial?
- How can I get my maiden (or former) name restored if it wasn’t done in my Divorce?
Post Decree Problems
- How can I return to my maiden (or former) name if it wasn’t done in my Divorce Decree?
- What are my rights as a divorced spouse to continuation of health insurance?
- What must I do if I want to move after entry of child custody orders taking my children with me?
- What is a ‘material change in circumstances’ to change custody?
- Where do I file a request to change child support?
- Do I need to tell anyone that I’m moving if I receive or pay child support?
- Will the court approve the child support agreement I made with my ex?
International Family Law Questions
- What is the Hague Convention on the Civil Aspects of International Child Abduction?
- What is the Hague Convention on the Protection of Children?
- How is someone notified about a filed family law case if they live in another country?
- What is the Hague Convention on Service of Process?
Name Change Questions
- Can I change my child’s name?
- How can I change my name to something else (without a divorce being filed)?
- How do I get my maiden (former) name restored when I divorce?
- How can I get my maiden (or former) name restored if it wasn’t done in my Divorce?
Miscellaneous Questions