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1. How do I get a divorce?

It is recommended that you hire an attorney to file the proper paperwork and represent you in a divorce matter. If you chose to represent yourself, you must file the correctly completed paperwork with the court and pay the filing fee.

No Contested Issues

If both parties agree on all the issues involved, the respondent (the non-filing party) may sign a voluntary entry of appearance and the clerk can set a hearing date to finalize the divorce. 

Contested Issues

If the parties are not in agreement, the respondent must be served with notification that a divorce proceeding has been filed. The respondent is given an opportunity to respond (answer) to the filing. When there are contested issues within the divorce, the judge will make rulings concerning these matters issues at the scheduled hearing.

2. Where do I get forms to file for a divorce?

Approved forms are available at the Kansas Judicial Council website.  Effective July 1, 2019, the District Clerk Offices no longer provide the forms.

3. I was served with a summons and petition for divorce. What should I do?

You should consult with an attorney who will be able to answer your questions. The attorney will prepare a signed written response (answer) to the petition and file it with the court. If you choose to prepare an answer yourself, you must file it with the district court office in which the divorce petition was filed. The answer must be filed within a certain number of days so check the summons carefully for that information. A copy should also be sent to the other party’s attorney or directly to the other party if they are not represented by an attorney.

4. How can I get my child support lowered or increased?

You will need to file a motion with the court to adjust your child support. A fee is required for filing a post-divorce motion that pertains to child support, parenting time (visitation) or custody. It is advisable that you hire an attorney, but it is not required.

5. Who can help me collect my child support?

Contact an attorney for assistance or contact your local Department of Children and Families office and they will direct you to their child support enforcement agency.

Kansas Department of Children and Families Website

6. Who do I contact about my child support payments?

Visit Kansas Payment Center website or call 877-572-5722.

7. What is my child support balance or my arrearage?

The court does not keep records on child support balances. Check with your attorney or child support enforcement agency.

8. What is the difference between a protection from abuse restraining order and a civil restraining order?

1. A protection from abuse restraining order must meet certain relationship requirements and actual abuse must have occurred.
2. A civil restraining order can prevent someone from selling, disposing, entering certain property or doing something specific until a determination is made by the court.

9. How can I file a petition for protection from abuse to get a restraining order?

If you meet the following requirements, you may file a Petition for Protection from Abuse Order with any District Court office:

1. You may seek a protection from abuse order for yourself; your minor child(ren) or other minor child(ren) who reside with you.
2. You and the person you want to have restrained must be in or have been in a romantic relationship, currently live together or have lived together in the past, or have a child in common.
3. Each person needing protection must have been abused by one of the following means:
   1. The defendant physically hurt or attempted to physically hurt you and/or a minor child intentionally;
   2. The defendant threatened to physically hurt you and/or a minor child;
   3. The defendant engaged in any sexual contact or attempted sexual contact with you or a minor child when such person was incapable of giving consent; or, engaged in sexual conduct (touching or sexual intercourse) with a minor child under 16 years of age.

10. How can I file a petition for protection from stalking or sexual assault to get a restraining order?

1. You may seek a protection from stalking or sexual assault restraining order for yourself; your minor child(ren) or other minor child(ren) who reside with you.
2. Stalking or sexual assault must have occurred against each person for whom protection is sought.
3. You may file a Petition for Protection from Stalking or Sexual Assault Order in any district court. In addition, you must complete the Protection from Stalking or Sexual Assault Confidential Address Form and include it with your petition.

11. When the court orders child support to be paid, why don’t they implement collection actions?

When one party in a case files a motion requesting child support be paid, the party that applied for the child support has the obligation of enforcing the order they requested.

12. How can I get custody of my children?

This is a legal question. You should contact an attorney.

13. Who do I contact to help me fill out garnishment papers for a wage withholding?

An accounting firm or an attorney can assist with the completion of wage or non-wage garnishment forms.