IN THE DISTRICT COURTS OF THE THIRTY FIRST ...31stjudicialdistrict.org/DivorceKitChildren4.doc · Web viewPetitioner and Respondent shall provide such information to the District

NOTICE TO PRO SE DIVORCE LITIGANTSDocuments must be typed.

Filing Fee to Clerk of the District Court $166.00 Service Fee to County Sheriff $5.00

All pro se litigants shall be required and expected to comply with and abide by the same rules and requirements that all other divorce litigants and their attorneys are expected to follow. A pro se litigant can not expect the Judge, Court Clerk/Staff or the attorney for the other party to advise him or her on matters regarding the law, rules of procedure, rules of evidence or how to properly present their case to the Court.

Neither the Judge nor the Court Clerk/Staff may legally advise or assist you as to how to properly fill out the required forms. It is your responsibility to make sure that you properly comply with all of the requirements listed below. Failure to do so may result in the final hearing being continued or the case dismissed.

Before the Judge can grant a divorce, the following pleadings, Orders and documents are required by law to be properly prepared and filed:

(A) If there are no minor children of the marriage:

1. Filing fee or Poverty affidavit2. Coversheet3. Petition for Divorce4. Request and service instruction form5. Summons with address for service6. Proof of service or verified entry of appearance7. Notice of hearing and certificate of mailing8. Domestic Relations Affidavit9. Verified application for temporary orders (if requested)10. Temporary orders (if requested)11. Decree of Divorce (Journal Entry). This is due at the final hearing.12. Certificate of Divorce or annulment. This is due at the final hearing.13. Kansas Payment Center information sheet (for maintenance if ordered)14. Motion to Dismiss and Order of Dismissal (if needed)

(B) If there are minor children of the marriage:

1. All of the above; and2. Child support worksheet (properly completed)3. Affidavit of custody4. Parenting Plan5. Kansas Payment Center information sheet (for child support if ordered)

PRO SE DIVORCE PROCEDURE

In the event pleadings in domestic relations cases are filed without an attorney and they do not comply fully with the requirements of Kansas law, the action will be dismissed. It is not the job of the Judge or of the court personnel to assist pro se litigants as neither is allowed to practice law. A pro se litigant in a civil case is required to follow the same rules of procedure and evidence which are binding upon a litigant who is represented by counsel. Our legal system cannot function on any basis other than equal treatment of all litigants. To have different rules for different classes of litigants is untenable. A party in civil litigation cannot expect the trial judge or an attorney for the other party to advise him/her of the law or court rules, or to see that his or her case is properly presented to the court. A pro se litigant in a civil case cannot be given either an advantage or a disadvantage solely because of the fact that he or she is proceeding pro se. Mangiaracina v Gutierrez, 11 Kan. App. 2d 594.

Likewise, there are certain matters that must be presented to the Court at the time of the divorce hearing. If these items are not properly presented through sworn testimony or documentary evidence, the Court is without jurisdiction to grant the petition.

If the case is not properly presented, or a Decree not submitted consistent with the Order of the Court, a divorce will not be granted.

The Clerk of the District Court shall provide each pro se litigant with a copy of this rule at the time of filing.

(1) RESIDENCY REQUIREMENTS. Either you or your spouse must have been a resident of the State of Kansas for at least 60 days before the filing of the Petition for Divorce. Usually the divorce action should be filed in the county in which you reside or your spouse resides.

(2) STARTING THE PROCEEDINGS. The first step is to file a Petition for Divorce with the Clerk of the District Court. The petition must be accompanied by the appropriate filing fee or Poverty Affidavit if you are financially unable to pay the filing fee.

(3) SERVICE OF PROCESS. There are two ways to notify your spouse officially that you have filed a divorce action:

1. Your spouse may sign a written receipt called an Entry of Appearance for a copy of the petition and any other papers filed at the same time. The signing of the receipt acknowledges that the court has jurisdiction over the parties and can therefore grant the relief requested. It does not mean that your spouse has agreed to any of the requests in the petition or other papers.

2. If your spouse is unwilling to sign a receipt or you don’t want to handle the proceeding in that manner, the Sheriff will deliver or serve a copy of the Petition to your spouse. Your spouse will then have twenty (20) days if it is in-state service, or thirty (30) days if it is out-of-state service, in which to answer or oppose the relief requested in the Petition.

(4) DOMESTIC RELATIONS AFFIDAVIT. A Domestic Relations Affidavit shall be filed with the Clerk of the District Court at the time of the filing of the Petition for divorce or before the hearing date.

(5) HEARING DATE. Kansas law provides that, unless there is a reason for acceleration, a divorce shall not be heard prior to the expiration of 60 days from the date on which the petition for divorce is filed. Your case will be assigned to the District Judge. You will need to contact the Clerk or the Judge’s secretary to get a hearing date for your case.

As the petitioner you are required to send notice of the hearing to your spouse. Proof of this notice of hearing will have to be filed in your case prior to your divorce hearing.

On the day of the hearing you will be required to bring your Decree of Divorce and the completed statistical Worksheet. This worksheet must be delivered to the clerk at the time of the filing of the Decree of Divorce.

(6) CONTESTED V UNCONTESTED DIVORCE. The divorce will be considered contested unless both parties agree on all aspects of the property division, the payment of obligations and the payment of court costs. If one party disputes any of these

issues the divorce will be considered contested. In either case a trial before the court is required and sworn testimony will need to be received. In the case of an uncontested divorce the hearing will be brief and shall be set for hearing on the assigned judge’s docket after the expiration of the required 60 days. A contested divorce will need to be specially scheduled with the assigned judge. If issues concerning children are involved the parties must seek the advice and assistance of an attorney. THERE ARE SPECIAL RULES FOR CASES THAT INVOLVE CUSTODY OF CHILDREN AND THE CALCULATION OF CHILD SUPPORT. PLEASE REFER TO THE REQUIREMENTS SET FORTH IN THE RULES CONCERNING DOMESTIC CASES IN GENERAL.

(7) NAME CHANGE. The name of either party can be changed in the Divorce Decree if he or she took the name of the other spouse at the time of marriage and now wants to be returned to either a former or maiden name.

(8) FORMS. The following forms shall be utilized:

IN THE DISTRICT COURT OF __________________ COUNTY, KANSAS

IN THE MATTER OF THE MARRIAGE OF: CASE NO.________

_____________________________, Petitioner

and

_____________________________, Respondent

PETITION FOR DIVORCE(Pursuant to K.S.A. Chapter 60)

COMES NOW, the Petitioner and for his/her cause of action against the Respondent

alleges and states:

1. The Petitioner is now, and has been for more than sixty (60) days next preceding the filing of this Petition, a bona fide resident of the State of Kansas and currently resides at _____________________________________. The respondent is a

Kansas resident residing at _______________________, and may be served at that address.

2. Petitioner and respondent were married on the ___________ day of _____________, _________, in or at, __________________________, and they remain husband and wife.

3. There are _______ children born to this marriage

4. The parties are incompatible and by reason thereof can no longer live together as husband and wife.

5. The parties have , have not accumulated various items of marital property which should be equitably divided by the Court.

6. The parties have , have not incurred various obligations which if they exist should be divided by the Court.

7. Temporary residential custody of the above named children should be granted to the petitioner/respondent, with the petitioner/respondent receiving parenting time with said children pursuant to the Temporary Parenting Plan included herein. Temporary child support shall be set at $_________________ per month beginning on the ____________ day of ______________________, 200_____. A child support worksheet is included herein. The parties understand that attendance at a Parenting Through Divorce class is required and that if custody, and/or visitation is at issue that the parties will be required to prepare an Order for Mediation.

8. The petitioner/respondent should be restored to the name of:_______________________________.

WHEREFORE, Petitioner prays the Court for a divorce based on the grounds of incompatibility; for an equitable division of the parties property and debts; to have the name of ___________________________ restored to the petitioner/respondent; and for such other relief as the Court may deem just, including the establishment of a child support amount and a determination as to custody and visitation.

________________________________ Petitioner

VERIFICATION

STATE OF KANSAS ))ss:

COUNTY OF ___________________ )

I, ________________________________, of lawful age, being first duly sworn on my oath state:I am the Petitioner in this action; I have read the forgoing Petition for Divorce and know its contents; and I verify the statements and allegations made in the Petition as true.

________________________________Petitioner

SUBSCRIBED AND SWORN to before me this _______ day of ________________,______________.

_________________________________Notary Public

My appointment expires:_____________

IN THE DISTRICT COURT OF ______________________ COUNTY, KANSAS

IN THE MATTER OF THE MARRIAGE OF: CASE NO.:_________

_________________________________, Petitioner

and

_________________________________, Respondent

ENTRY OF APPEARANCE AND WAIVER OF SERVICE

COMES NOW the Respondent and voluntarily enters Respondent’s appearance in this

action, and waives the issuance of service of summons and acknowledges receipt of the

Petition. ____________________________

RESPONDENT

ACKNOWLEDGEMENT

STATE OF KANSAS ))

COUNTY OF________________ )SS.

BE IT REMEMBERED that on this ___________ day of _________________, ________, before me a Notary Public in and for said County and State, personally appeared _________________________________, known to me to be the identical person who executed the foregoing instrument and acknowledged to me that she/he executed the same as a voluntary act and deed for the uses and purposes therein set forth.

IN WITNESS WHEREOF, I have set my hand and affixed my seal the day and year last above written.

_____________________________NOTARY PUBLIC

My commission expires:___________

APPENDIX IIIDomestic Relations Affidavit

IN THE JUDICIAL DISTRICT COUNTY, KANSAS

IN THE MATTER OF ))

)))

and ) Case No. ))

))

DOMESTIC RELATIONS AFFIDAVIT OF (name)

1. Mother’s Residence

2. Father’s Residence

3. Date of Marriage:

4. Number of Marriages: Mother Father

5. Number of children of the relationship:

6. Names and ages of minor children of the relationship:

Name Age Custodian

7. Names, Social Security Numbers, and ages of minor children of previous relationships and facts as to custody and support payments paid or received, if any.

Support PaidName Age Custodian Payment or Rec’d

$ $ $ $

8. Mother is employed by

Father is employed by

(Name and address of employer)

with monthly income as follows:

A. Wage Earner Mother Father

1. Gross Income $ $ 2. Other Income $ $ 3. Subtotal Gross Income $ $ 4. Federal Withholding $ $

(Claiming _____ exemptions)5. Federal Income Tax $ $ 6. OASDHI $ $ 7. Kansas Withholding $ $ 8. Subtotal Deductions $ $ 9. Net Income $ $

B. Self-Employed Mother Father

1. Gross Income fromself-employment $ $

2. Other Income $ $ 3. Subtotal Gross Income $ $ 4. Reasonable Business Expenses $ $

(Itemize on attached exhibit) 5. Self-Employment Tax $ $ 6. Estimated Tax Payments $ $

(Claim _____ exemptions)7. Federal Income Tax $ $ 8. Kansas Withholding $ $ 9. Subtotal Deductions $ $ 10. Net Income $ $

(Line B.3. minus Line B.9.)Pay period: Mother Father

9. The liquid assets of the parties are (do not list more than the last four digits of any account number shown):

Joint or IndividualItem Amount (Specify)

A. Checking Accounts: $ $

B. Savings Accounts: $ $

C. CashMother $ Father $

D. Other $ $

10. The monthly expenses of each party are: (Please indicate with an asterisk all figures which are estimates rather than actual figures taken from records.)

A. Mother FatherItem (Actual or Estimated) (Actual or Estimated)

1. Rent (if applicable)* $ $ 2. Food $ $ 3. Utilities:

Trash Service $ $ Newspaper $ $ Telephone $ $ Gas $ $ Water $ $ Lights $ $ Other $ $

4. Insurance:Life $ $ Health $ $ Car $ $ House/Rental $ $ Other $ $

5. Medical and dental $ $ 6. Prescriptions drugs $ $ 7. Child care (work-related) $ $ 8. Child care (non-work-related) $ $ 9. Clothing $ $ 10. School expenses $ $ 11. Hair cuts and beauty $ $ 12. Car repair $ $ 13. Gas and oil $ $ 14. Personal property tax $ $

Mother FatherItem (Actual or Estimated) (Actual or Estimated)

15. Miscellaneous (Specify) $ $ $ $ $ $ $ $

16. Debt Payments (Specify)

$ $ $ $ $ $ $ $

Total $ $

*Show house payments, mortgage payments, etc., in Section 10.B.

B. Monthly payments to banks, loan companies or on credit accounts: (Indicate actual or estimated, use asterisk for secured.) DO NOT LIST ANY PAYMENTS INCLUDED IN PART 10.A ABOVE.

When Amount of Date of ResponsibilityCreditor Incurred Payment Last Payment Balance Mother Father

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

Subtotal of Payments $ $ Total $ $

C. Total Living Expenses Mother Father

(Actual or Estimated) (Actual or Estimated)

1. Total funds available to $ $ Mother and Father (from No. 8)

2. Total needed $ $ (from No. 10.A and B)

3. Net Balance $ $ 4. Projected child support $ $

D. Payments or contributions received, or paid, for support of others. Specify source and amount.

Source Mother Father (+/-) $ $ (+/-) $ $ (+/-) $ $ (+/-) $ $

11. How much does the party who provides health care pay for family coverage?$ per .How much does it cost the provider to furnish health insurance only on the provider?$ per .

FURNISH THE FOLLOWING INFORMATION IF APPLICABLE.

12. Income and financial resources of children.

Income/Resources Amount $ $ $ $

13. Child support adjustments requested.

Mother Father

Long Distance Visitation Costs $ $ $ $

Visitation Adjustments $ $ Income Tax Considerations $ $ Special Needs $ $ Agreement Past Minority $ $

Overall Financial Condition $ $

14. All other personal property including retirement benefits (including but not limited to qualified plans such as profit-sharing, pension, IRA, 401[k], or other savings-type employee benefits, nonqualified plans, and deferred income plans), and ownership thereof (joint or individual), including policies of insurance, identified as to nature or description, ownership (joint or individual), and actual or estimated value. Do not list more than the last four (4) digits of any account number shown.

Joint or IndividualAmount (Specify)

$ $ $ $

THE FOLLOWING NEED NOT BE FURNISHED IN POST JUDGMENT PROCEDURES.

15. List real property identified as to description, ownership (joint or individual) and actual or estimated value.

Property Description Ownership Actual/Estimated Value

16. Identify the property, if any, acquired by each of the parties prior to marriage or acquired during marriage by a will or inheritance.

Source of Actual/Property Description Ownership Ownership Estimated Value

17. List debt obligations, including maintenance, not listed in Section 10.A or 10.B above, identified as to name or names of obligor or obligors and obligees, balance due and rate at which payable; and, if secured, identify the encumbered property.

Debt Balance Payment EncumberedObligation Obligor Obligee Due Rate Property

18. List health insurance coverage and the right, pursuant to ERISA §§ 601-608, 29 U.S.C. §§ 1161-1168 (1986), to continued coverage by the spouse who is not a member of the covered employee group.

Health Insurance COBRA ContinuationYes No Unknown

AFFIANT

/s/

VERIFICATION

State of , County of ,

I swear or affirm under penalty of perjury that this affidavit and attached schedules are true and complete.

/s/

Subscribed and sworn this day of , 20 .

/s/ Notary PublicMy Appointment Expires:

IN THE 31ST JUDICIAL DISTRICT COURT_______________________ COUNTY, KANSAS

IN THE MATTER OF THE MARRIAGE OF:

_____________________________________

and Case No.:________________

_____________________________________

CHILD SUPPORT WORKSHEET OF: ________________________________ name

A. INCOME COMPUTATION-WAGE EARNER Parent A Parent B

1. Domestic Gross Income (Insert onLine C.1. below)* ___________ _________

B. INCOME COMPUTATION-SELF-EMPLOYED

1. Self-Employment Gross Income* ___________ _________ 2. Reasonable Business Expenses (-) ___________ _________ 3. Domestic Gross Income (Insert on Line C.1. below) ___________ _________

C. ADJUSTMENTS TO DOMESTIC GROSS INCOME

1. Domestic Gross Income ___________ _________2. Court-Ordered Child Support Paid (-) ___________ _________3. Court-Ordered Maintenance Paid (-) ___________ _________4. Court-Ordered Maintenance Received (+) ___________ _________5. (Insert on Line D.1. below)

D. COMPUTATION OF CHILD SUPPORT

1. Child Support Income ____________ + _________ = _________

2. Proportionate Shares of Combined Income (Each parent’s income divided by combined income) __________ % ________%

3. Basic Child Support Obligation** (Using combined income from Line D.1., find amount for each child and enter total for all children) Age of Children 0-6 7-15 16-18 # Per Age Category ________ _________ ________ Total Amount ________ _________ ________ = _________

* Cost of Living Differential Adjustment? __________ Yes ___________No**Multiple Family Adjustment? ____________ Yes ___________No

PARENT A PARENT B4. Health and Dental Insurance Premium _______________ +____________

=____________5. Work-Related Child Care Costs

(Amt x % + [.25 x (Amt. x %)] _______________ +____________ for child care credit =_________) =____________

6. Parents’ Total Child SupportObligation (Line D.3. plus Lines D.4. & D.5.) ____________

7. Parental Child Support Obligation(Line D.2. times Line D.6. for each parent) _______________ ___________

8. Adjustment for Insurance and Child Care(Subtract for actual payment made for itemsD.4. and D.5. (-) _______________ ___________

9. Net Parental Child SupportObligation (Line D.7. minus Line D.8.; _______________ ___________Insert on Line F.1. below)

E. CHILD SUPPORT ADJUSTMENTS

APPLICABLE N/A CATEGORY AMOUNT ALLOWEDParent A Parent B

________________________________________________________________________

1. Long Dist. Visit. Costs (+/-)________ (+/-)_______2. Visitation Adjustment (+/-)________ (+/-)_______3. Income Tax Considerations (+/-)________ (+/-)_______4. Special Needs (+/-)________ (+/-)_______5. Agreement Past Minority (+/-)________ (+/-)_______6. Overall Financial Condition (+/-)________ (+/-)_______7. TOTAL (Insert on Line F.2 below) ____________ ________

F. DEVIATION(S) FROM REBUTTABLE PRESUMPTION AMOUNT

1. Net Parental Child Support Obligation (Line D.9. from above) _______ ______2. Total Child Support Adjustments (Line E.7. from above) (+/-)______ (+/-) ______3. Adjusted Child Support Obligation _______ ______

____________________________________Judge/Hearing Officer

KANSAS PAYMENT CENTER (KPC) – Employer Information

Do not sent any payments to the KPC prior to 08/01/00

HOW TO MAKE PAYMENTS:

1. Identify employee name, employee social security number, county ID, court order number, amount withheld and withholding date for each employee withholding. A payment template is available on our web site.

2. Make Check payable to Kansas Payment Center.

3. Make sure total withheld for all employees’ matches the amount of the check.

4. Send the payment to: Kansas Payment CenterP. O. Box 758599Topeka, KS 66675-8599

PAYOR/PAYEE HOTLINE: 877-572-5722

WEB SITE: www.kspaycenter.com

SENDING PAYMENTS ELECTRONICALLY (EFT)

It is easy to send payments to the Kansas Payment Center electronically if you, working jointly with your bank or your payroll company, have the capability to originate automated clearinghouse (ACH) transactions.

The detailed withholding information (date) can be packaged with the funds transfer transaction(s) and delivered to the KPC through the ACH network.

If you would like to submit payment electronically by way of the ACH youmay download detailed information from our web site. You may also call the employer hotline and ask to speak with the Employer EFT coordinator.

http://www.kspaycenter.com/

KANSAS PAYMENT CENTER PROCEDURAL GUIDELINES

1. Beginning September 29, 2000, payments on existing, new, and modified child support, maintenance, and other support-related orders from all Kansas counties shall be paid to the Kansas Payment Center, at P. O. Box 758599, Topeka, Kansas 66675-8599.

2. Court-ordered support which is currently ordered excepted for good cause from payment through the Clerk of the District Court or the District Court Trustee shall not be required to be paid to the Kansas Payment Center.

3. Prior to September 29, 2000, the Kansas Payment Center shall send a redirect notice to each support payor and payee, and if there is an income withholding order in effect, to the employer. Each district court will have notice, by virtue of this order, of the September 29, 2000, redirection of payments to the Kansas Payment Center. Therefore, it is not required that each case file contain a copy of the Kansas Payment Center redirection notice. A copy of this order may be placed in each applicable case file, should a district so choose.

4. Employers withholding support payments for multiple individuals may submit to the Kansas Payment Center a single payment for each pay period, provided that the payment is for the total amount due on all Kansas income withholding orders issued to that employer. The payment must be accompanied by a detailed list itemizing the breakdown between court orders. The employee’s social security number must be included, as well as the withholding date.

5. Each payment submitted to the Kansas Payment Center must include the court order number, which must begin with the two digit alpha character identifier for the county in which the order was entered. For example, a payment on a case from Shawnee County must be identified in the following format: SN99D 123456.

6. Support-related payments made pursuant to garnishment proceedings shall continue to be directed to the Clerk of the District Court. The Clerk shall forward the funds to the Kansas Payment Center immediately after receipt of the order to pay out, and shall specify the debt to which the payment shall apply.

7. Payments currently made to child support agencies in states other than Kansas shall continue to be made to those other states, and shall not be redirected to the Kansas Payment Center.

8. All new or modified non-IVD support orders entered on or after September 29, 2000, must be accompanied by a support order information sheet which will be developed by the Office of Judicial Administration and which will be available in the office of each Clerk of the District Court.

9. The official payment history for support payments made prior to September 29, 2000, shall continue to be maintained, as occurs currently, by the Clerk of the District Court or District Court Trustee.

For payments made following September 29, 2000, the official payment history shall be maintained by the Kansas Payment Center, and will be made available for requesting parties by the Clerk of the District court, who will access the payment history from the electronic Kansas Payment Center database. Clerks’ offices will certify information accessed from the Kansas Payment Center as a true and correct copy of information provided by the Kansas Payment Center. Parties will also be able to access payment information regarding their support cases from the Kansas Payment Center website.

10. Any local district court rules which contain support payment provisions contrary to those set out in this order are hereby repealed.



_____________________________, Petitioner

and

_____________________________, Respondent

AFFIDAVIT OF CUSTODY(Pursuant to K.S.A. Chapter 60)

STATE OF KANSAS

COUNTY OF ____________________,ss:

Comes now, ____________________, of lawful age, being first duly sworn upon his/her

oath, who states as follows:

1. That he/she is the Petitioner in the above captioned matter.

2. That this affidavit is given in order to comply with K.S.A. 38-1309, et seq.

3. That the parties hereto have _____ minor child(ren) whose names and addresses are as

follows:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

4. That within the last five (5) years, said minor child(ren) have resided at the following

addresses, to wit:

___________________________________________________________________________

__________________________________________________________________________

5. That the affiant has not participated as a party litigant, as a witness, nor in any other

capacity in any other litigation concerning the custody of the minor children as set forth in No. 3

above within the State of Kansas or within any other state.

6. That this affiant has no information or reason to believe that there is any other custody

proceeding concerning the aforementioned minor children within the State of Kansas or any

other state.

7. That there are no other parties or individuals who are not a party to this proceeding

who have the actual physical custody of the aforementioned minor child(ren) or who claim to

have any custody and/or visitation rights with said minor child(ren).

8. That this affiant recognizes the continuing duty to inform the Court of any custody

proceedings concerning the aforementioned children in this or any other state.

________________________________

SUBSCRIBED AND SWORN to before me this _______ day of ________________,______________.

_________________________________Notary Public

My appointment expires:_____________



_____________________________, Petitioner

and

_____________________________, Respondent

APPLICATION FOR TEMPORARY ORDERS

COMES NOW, the petitioner/respondent who moves the court for Temporary Orders in

the above captioned matter. In support of said request the petitioner/respondent represents and

shows to the court (Check those applicable)

1. An action for Divorce has been filed invoking the jurisdiction of the Court

2. Petitioner/respondent is in fear that unless restrained, the emotions of the parties are

such that the parties will or may bother or interfere with the other through word of mouth,

threatening language, physical actions, or other contact, and that a mutual restraining order

should be ordered by the court restraining each party from the other regardless of their living

arrangements.

3. By reason of the nature of the action, it may be impractical for both of the parties

hereto to occupy the same residence in a harmonious relationship and therefore orders should be

entered herein setting aside to the petitioner/ respondent the parties residence located at

______________________________ to the petitioner/respondent

4. The petitioner/respondent should be designated as the primary residential custodian

of the child(ren) of the parties during the pendency of this action with each having temporary

visitation with said child(ren) as set forth in the Temporary Parenting Plan herein

5. That petitioner/respondent should pay temporary child support to the other

beginning on the _____ day of_____________ 200_ in the amount of $__________.

6. Until both parties have had the opportunity to present their views and evidence, the

money, property and all other assets of the parties not needed for day to day living expenses and

regular payments of existing installments on indebtedness should be preserved by an order of the

court restraining and enjoining either party from withdrawing, selling, encumbering, or disposing

of same.

7. Other:

______________________________________________________________________________

______________________________________________________________________________

Respectfully submitted,

______________________________

VERIFICATION

STATE OF KANSAS

COUNTY OF ___________________,ss:

I, ________________________________, of lawful age, being first duly sworn on my oath state: I am the

Petitioner/Respondent in the above captioned matter. That I have read the foregoing Application For Temporary

Orders and know its contents; and I verify the statements and allegations made are true and correct.

________________________________

SUBSCRIBED AND SWORN to before me this _______ day of _______________, ______________.

_________________________________ Notary Public

My Commission Expires____________________

MINIMUM PARENTAL CONTACT SCHEDULE

The following is a sample parenting time and contact schedule that the judges in this district will normally consider minimally consistent with the best interests of the child(ren) under a joint legal custody and parenting time order in which parent A has primary residential custody:

1. Alternate Weekends: Parent B to have alternate weekend parenting time beginning at 6:00 p.m. on Friday until 7:00 p.m. on Sunday.

2. Evening Physical Custody: Parent B to have one weekday evening per week which, if feasible, should be overnight.

3. Holidays:

a. Easter Weekend: Parenting time with parent B from 6:00 p.m. Friday until 7:00 p.m. Sunday during even numbered years and with parent A during odd numbered years.

b. Spring Break: Parenting time with each parent during one half of the spring break, with a transfer to occur on Wednesday evening at 7:00 p.m. The parent normally having the child during the first weekend of spring break shall continue to have the child until the Wednesday transfer.

c. Mother’s Day: From 9:00 a.m. until 7:00 p.m. with the child’s mother.

d. Memorial Day: From 6:00 p.m. Friday until 7:00 p.m. Monday with Parent A in even numbered years and parent B during odd numbered years.

e. Father’s Day: From 9:00 a.m. until 7:00 p.m. with the child’s father.

f. Independence Day: From 6:00 p.m. July 3 until 7:00 p.m. on July 5 with parent A during even numbered years and parent B during odd numbered years.

g. Labor Day: From 6:00 p.m. Friday until 7:00 p.m. Monday with parent B during even numbered years and parent A during odd numbered years.

h. Halloween: A minimum of three hours Halloween evening with parent A in even numbered years and with parent B during odd numbered years.

i. Thanksgiving: From 7:00 p.m. Wednesday until 7:00 p.m. Thursday with parent B during even numbered years and parent A during odd numbered years.

j. Christmas Eve: From 7:00 p.m. the day school is dismissed for Christmas vacation until 9:00 p.m. Christmas Eve, December 24, with parent B during even numbered years and parent A during odd numbered years.

k. Christmas Period: From 9:00 p.m. December 24 until 7:00 p.m. December 30 with parent A during even numbered years and parent B during odd numbered years.

l. New Years Eve and New Years Day: From 7:00 p.m. December 30 until 7:00 p.m. on the evening before school resumes with parent B in even numbered years and parent A in odd numbered years.

m. Parent’s Birthday: The child shall spend part of the day (a minimum of three hours) with the respective parent on that parent’s birthday.

n. Child’s Birthday: The child shall spend the child’s birthday with parent B in even numbered years and with parent A in odd numbered years. The child shall spend the day before or the day after the child’s birthday with the other parent.

4. Summer Residency: The Court suggests the parties select a summer vacation plan that is appropriate for their family. Some options include:

a. Residency with parent B from June 1st to August 1st with alternate weekend parenting time for parent A.

b. One half of summer with each parent.

c. In addition to alternate weekend parenting time, more frequent periods of time with parent B.

5. Vacation: After 30 days advance notice and consultation with the other parent, each parent may arrange to take a vacation trip with the child for a period not exceeding 14 days.

6. Conflicts and Good-faith Considerations:

a. Birthday-Holiday: Conflicts between a holiday and a birthday shall be resolved in favor of the holiday schedule. However, the parties are directed to be flexible in allowing the birthday to be celebrated before or after the holiday period.

b. Weekend-Holiday: Conflicts between weekends and holidays shall be resolved in favor of the holiday schedule.

c. Weekend: The schedule of weekend parenting time shall be determined without regard to whether the regular schedule has been preempted from time to time by one of the scheduled holidays. There shall be no adjustment for “missed” weekends due to interruption by the holiday visitation schedule, however, the parties are encouraged to compensate for missed parenting time so a non-residential parent will not go three weekends without seeing the child.

d. Age Adjustments: It is expected that parents will exercise good faith with each other and act in the best interests of their child(ren) so that each parent can have a full and active participation in the lives of their child(ren). Any parenting plan or schedule, for example, should take into consideration the age of the child. For infants and preschool children, consideration should be given to scheduling more frequent but shorter contacts with parent B during the week on a routine and consistent basis. Consideration should also be given to older adolescents whose personal schedules may interfere with these guidelines.

7. Telephone Communication: Telephone calls between parent and child should be liberally permitted at reasonable hours and at the expense of the calling parent. Weekly telephone communication with the child should be permitted.

8. Postal and E-mail Contact: Parents and children should have an unrestricted right to send cards, letters, packages, audio, video and e-mail communications to each other. Neither parent should interfere with this right.

9. Long Distance Parenting: When there is a significant geographical distance separating the two parents, parenting plans should provide for the following:

a. Weekly telephone contact.

b. Longer periods of parenting time during school holidays.

c. Extended summer residency for school age children.

d. The parent having residency where the child goes to school shall sendschool records, school calendars, school photographs, activities schedules, report cards, standardized test results, etc. on a frequent basis to the other parent.



_____________________________, Petitioner

and

_____________________________, Respondent

TEMPORARY ORDERS

NOW, on this ________ day of_______________ 20___, the above captioned matter

comes on upon the petitioner/respondent’s request for Temporary Orders. The Court after

reviewing the file and the application herein orders as follows: (Check those applicable)

1. An action for Divorce has been filed invoking the jurisdiction of the Court

2. The emotions of the parties are such that the parties will or may bother or interfere

with the other through word of mouth, threatening language, physical actions, or other contact

therefore a mutual restraining order is ordered by the court restraining each party from the other

regardless of their living arrangements.

3. By reason of the nature of the action, it is impractical for both of the parties hereto

to occupy the same residence in a harmonious relationship and therefore the court sets aside to

the petitioner/respondent the parties residence located at ________________________________

to the petitioner/respondent.

4. The petitioner/respondent shall be designated as the primary residential custodian

of the child(ren) of the parties during the pendency of this action with each having temporary

visitation with said child(ren) as set forth in the Temporary Parenting Plan herein.

5. That petitioner/respondent shall pay temporary child support to the other

beginning on the _____ day of _____________ 200_.

6. Until both parties have had the opportunity to present their views and evidence,

the money, property and all other assets of the parties not needed for day to day living expenses

and regular payments of existing installments on indebtedness shall be preserved by an order of

the court restraining and enjoining either party from withdrawing, selling, encumbering, or

disposing of same.

7. Other:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

________________________________DISTRICT JUDGE

IN THE DISTRICT COURT OF _________________ COUNTY


________________________________, Petitioner

and

________________________________, Respondent

Address: ________________________________________________________________________________________

REQUEST AND SERVICE INSTRUCTION FORM

To: Clerk of the District Court

The Clerk of the Court will issue a Summons and Petition in the above entitled action for the above named Respondent. You are hereby instructed to effect service, as follows:

______ a. Service through the office of the Sheriff of _______________ County, State of Kansas, other than by certified mail.

______ b. Service by a Process Server authorized or appointed by the provisions of K.S.A. 1989 Supp. 60-303.

______c. Certified mail service by the undersigned, who understands that the responsibility for obtaining service and effecting its return shall be on the undersigned. The Receipt for certified mail service (green card) must be filed with the Clerk’s office before service can be perfected.

______d. Certified mail service by the office of the Sheriff of ___________________ County, State of Kansas AT THE EXPENSE OF THE PETITIONER. The undersigned understands that the responsibility for obtaining service and effecting its return shall be on the Sheriff.

______________________________PetitionerAddress: _____________________

_____________________Phone: _____________________

IN THE DISTRICT COURT OF ___________________ COUNTY, KANSAS

IN THE MATTER OF THE MARRIAGE OF: CASE NO._________

____________________________, Petitioner

and

____________________________, Respondent

Address: __________________________________________________

SUMMONSTo the above-named Defendant:

You are hereby summoned and required to serve upon Petitioner/Petitioner’s Attorney, whose address is ____________________________________, a pleading to the petition which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the petition. Your pleading must also be filed with the Court. As provided in subsection (a) of K.S.A. 60-213, and amendments thereto, your answer must state as a counterclaim any related claim which you may have against the plaintiff, or you will thereafter be barred from making such claim in any other action.

Dated:_____________________ _____________________________ Clerk of the District Court/Deputy

RETURN ON SERVICE OF SUMMONS_______ Personal Service

I hereby certify that I have served the within summons:(1) By delivering on the __________day of _____________, _______, a copy of the

summons and a copy of the petition to the above named defendant.(2) by leaving on the ________ day of _________________, ________, for the above

named defendant a copy of the summons and a copy of the petition at the respective dwelling place or usual place of abode of such defendant with some person of suitable age and discretion residing therein.

All done in _____________________ County, Kansas

______________________________ Sheriff/Deputy

IN THE DISTRICT COURT OF ____________________ COUNTY, KANSAS


___________________________, Petitioner

and

___________________________, Respondent

NOTICE OF HEARING

Please take note that the above entitled matter has been set for _______ day of ___________,

_________, at ___________ (a.m.)(p.m.) at the _____________________

County Courthouse, before: ________________________________________________.

__________________________ Petitioner

CERTIFICATE OF SERVICE AND MAILING

The undersigned hereby certifies that a true and correct copy of the above and foregoing Notice

of Hearing was deposited in the United States mail, postage prepaid, addressed to:

________________________________________________________________________ Respondent’s Address

on this _______ day of __________________, ____________.

_______________________________ Petitioner



_____________________________, Petitioner

and

_____________________________, Respondent

DECREE OF DIVORCE (TITLE TO REAL ESTATE INVOLVED)

NOW THIS_______day of__________________, 20____, the above matter comes before

the Court for final hearing. Petitioner appears in person, pro se. Respondent, appears (not) (in

person) (by counsel).

Thereupon Petitioner presents evidence and testimony to the Court. The Court, having

considered the pleadings filed, having heard the evidence presented, and otherwise being duly

advised, makes the following findings:

1. Petitioner was a resident of the State of Kansas for more than sixty days before the

Petition for Divorce was filed.

2. This Court has jurisdiction over the parties to and the subject matter of this

divorce matter. More than sixty days have elapsed since the filing of the petition.

3. Petitioner and Respondent were married on the following date: _________,

(marriage date and year) and have been married since that date.

4. Petitioner and Respondent are incompatible and they are hereby divorced on that

ground.

5. There were______children born during this marriage. The names and dates of

birth of the children now under eighteen years of age are:

a. ___________________________(child's name), is ___________ years old.

b.__________________________ (child's name), is ___________years old.

c.___________________________(child's name), is ___________years old.

d.___________________________(child's name), is ___________years old.

6. The parties have entered into a (written settlement agreement, marked as Exhibit 1)

(and oral settlement agreement the terms of which are stated on the record).

7. The parties' agreement has been reviewed by the Court and the Court determines

that the parties' agreement is valid, just, and equitable and the agreement is approved by the

Court.

8. Petitioner shall have as Petitioner's sole and separate property, all of Petitioner's

personal papers and clothing and any other property in possession of the

Petitioner, and the following items now in the possession of Respondent:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

9. Respondent shall have as Respondent's sole and separate property, all of

Respondent's personal papers and clothing and any other property in possession of the

Respondent, and the following items now in the possession of Petitioner:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

10. Each party is responsible for the debts held in his or her own name, and shall hold

the other harmless, except the following:

Debts to be paid by Petitioner: _____________________________________________________

Debts to be paid by Respondent: __________________________________________________

11. Each party shall hold the other harmless from any and all debts incurred on any

property assigned to that party.

12. The parties own a house or land at the following address with the following legal

description (if none, state "NONE"):_________________________________________________

13. The house or land is to be assigned to (Petitioner) (Respondent), who will be

responsible for payment of the mortgage loan and will hold the other party harmless on that debt.

14. Neither Petitioner nor Respondent have requested the payment of spousal support

and neither party shall receive spousal support from the other.

15. The parties have presented the Court with a written, agreed parenting plan which

provides for the legal custody, a schedule of time each parent will have with the children and a

plan for alternate dispute resolution in the event disputes arise regarding the children. The

parenting plan agreed by the parties is approved and is made part of this Decree.

16. (Petitioner) (Respondent) shall pay child support to the other party in the amount

of $__________, as shown on the attached child support worksheet, beginning on

_______________, 20__, with a like sum paid on the _____day of each month thereafter, until

modified or terminated.

17. All payments for child support shall be made to the Kansas Payment Center. The

two digit County designation of (AL) (NO) (WL) (WO) and the Case Number of this case shall be

included in the memo portion of each payment for child support. The Kansas Payment Center has

a current address of:

Kansas Payment Center

PO Box 758599

Topeka, Kansas 66675-8599

18. Petitioner and Respondent shall provide such information to the District Court

Trustee as may be requested.

19. Unless the Court makes findings in conformity with K.S.A. 23-4107(j) income

withholding from the Obligors income shall take effect immediately to enforce the order of

support granted herein.

20. (Petitioner) (Respondent) is restored to the former last name of _____________.

21. The parties are prohibited from contracting marriage with any third person until

thirty (30) days from the entry of this Decree, unless an appeal is taken, and then until the receipt

of the mandate from the Appellate Courts of the State of Kansas in accordance with K.S.A. 60-

2106 (c). Any marriage contracted before the expiration of that period shall be voidable unless

both Parties waive appeal.

22. The costs of the action are taxed against the deposit made. IT IS SO

ORDERED.

________________________________DISTRICT JUDGE

Submitted by:

Name: Name:Address 1: Address 1:Address 2: Address 2:City, State: City, State:Telephone: Telephone:

PETITIONER PRO SE RESPONDENT


IN THE MATTER OF THE MARRIAGE OF:

__________________________________

and Case No.: ________

__________________________________

POVERTY AFFIDAVIT

STATE OF KANSAS )) ss:

COUNTY OF ___________)

In the District Court of ____________________ County: I do solemnly swear that the

claim set forth in the Petition herein is just, and I do further swear that, by reason of my poverty,

I am unable to pay a docket fee.

____________________________________

Approved by:

____________________________________District Judge


_________________________ PETITIONER

AND/VS CASE NO. ______________

_________________________ RESPONDENT

MOTION TO DISMISS PETITION FOR DIVORCE

Comes now, the Petitioner and moves the Court for an Order of Dismissal

without Prejudice herein.

Dated this _____ day of __________, _____.

__________________________________Petitioner

SUBSCRIBED AND SWORN TO, before me, this _____ day of __________, _____.

________________________________Notary/Clerk of District Court/Deputy


____________________________ PETITIONER

AND/VS CASE NO. ____________

____________________________ RESPONDENT

ORDER OF DISMISSAL

On this _____ day of _________________, 20_____, IT IS ORDERED, ADJUDGED AND

DECREED that this action is dismissed at the request of Petitioner. No costs are

assessed.

________________________________Judge of the District Court