Pro Se (Self-Representation) Divorce Packet - State Of Kansas 6th Judicial District Page 3
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50SERVING THE PAPERS
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 and “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. It does not mean that your spouse has agreed to any of the requests
in the petition or other papers filed.
2.
If your spouse is unwilling to sign a receipt the Sheriff will deliver (“serve”)
a copy of the Petition to your spouse. Your spouse will then have twenty
days in which to answer or oppose the petition. If your spouse does not live
in Kansas they will have thirty days to answer or oppose the petition.
HEARING DATE
Kansas law provides that a divorce shall not be heard prior to the expiration of 60 days
from the date on which the petition for divorce is filed unless an emergency hearing is requested.
The party filing the action must be present at the divorce hearing. The Judge’s office can provide
you a hearing date.
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 be sure to bring your Decree of Divorce, the completed Worksheet
for Certificate of Divorce or Annulment and any documents required by the Judge. The worksheet
must be delivered to the Clerk of the District Court at the time of the filing of the Decree of Divorce.
DIVORCE HEARING
Your divorce may be “contested” or “uncontested”. If you and your spouse agree on all
aspects of property settlement and the payment of liabilities and court costs your divorce hearing
will be “uncontested”. If your spouse disputes any of these matters, you have a “contested” divorce.
In either case, a trial before the District Judge is required, but it may be a brief hearing in an
“uncontested” case.
CHANGE OF NAME
The name of either party can be changed in the Divorce Decree if he or she took the name of
the other spouse at marriage and now wants to go back to a former or maiden name.
Pro Se Divorce Packet
Page 3
Last Updated: 01//26/09
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