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Decree Of Divorce Form. This is a Kansas form and can be use in 10th Judicial District (Johnson County) Local District Court.
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Tags: Decree Of Divorce, Kansas Local District Court, 10th Judicial District (Johnson County)
IN THE DISTRICT COURT OF ______________________ COUNTY, KANSAS
In the Matter of the Marriage of
________________________________
(Name of Spouse Filing)
and
________________________________
(Name of Other Spouse)
Yes
Is Title to Real Estate Involved?
Case No._________________
No
DECREE OF DIVORCE
(WITH CHILDREN)
Please review #9 of the Instructions for Divorce – With Children prior to completing this Decree.
NOW THIS ______ day of ________________________, 20____, the above matter comes
before the Court for final hearing.
Husband appears
in person
Wife appears
by counsel
in person
by counsel
does not appear.
does not appear.
Wife present testimony and evidence supporting the petition.
Husband
After considering the presentation, the court finds:
Husband
1.
Wife was a resident in the State of Kansas for more than sixty days before
the petition filing date.
2.
This court has personal jurisdiction over:
Husband
Wife because:
_____________________________________________________________________________________
_____________________________________________________________________________________
3.
Husband and Wife are now married.
4.
This Court has the power to grant a divorce to Husband and Wife.
5.
More than sixty days have passed since the petition filing date.
6.
The non-filing spouse
is
is not now on active duty with the United States Military.
Unknown. If the non-filing spouse is on active duty, the requirements of the Servicemembers Civil
Relief Act (SCRA)
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have
have not been met.
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7.
Husband and Wife are incompatible and are divorced on that ground.
Husband
8.
9.
Wife is restored to the former name of ___________________________.
Husband and Wife cannot marry another person until thirty (30) days after entry of this
Divorce Decree, or until a mandate is issued by the Kansas Appellate Courts if an appeal is taken as set
out in K.S.A. 60-2106(c). Any marriage entered before that time is voidable unless Husband and Wife
both waive appeal.
Husband
Wife
Other: _______________________.
10.
Court costs are assessed to:
11.
Wife
12.
Husband and Wife have ____ children from their relationship together who are under the
is
Unknown.
is not pregnant.
age of 18 years.
13.
The names and dates of birth of the children now under eighteen years of age are:
a. _______________________________(child’s name), was born in __________ (month) ______ (year).
b. _______________________________(child’s name), was born in __________ (month) ______ (year).
c. _______________________________(child’s name), was born in __________ (month) ______ (year).
d. _______________________________(child’s name), was born in __________ (month) ______ (year).
14.
Kansas has child custody jurisdiction because it is the
state and Kansas has significant connections with the child(ren)
home state
there is no home
Other:__________________________
____________________________________________________________________________________.
15.
enters
Husband and Wife
the following
have
have not entered into an agreed parenting plan. The Court
the attached parenting plan as in the child(ren)’s best interests providing for
legal custody, parenting time and alternative dispute resolution:
Legal Custody (Decision-Making)
A.
Joint Legal Custody. Both parents are fit and proper persons to have joint
responsibility for the care of the minor child(ren). It is in the best interest of the child(ren) that the
parties jointly share in the care of the child(ren). The term "joint legal custody" means that both
parents have equal rights and responsibilities regarding their child(ren) and that neither parent's
rights are superior to the other parent's.
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B.
Sole Legal Custody.
Joint legal custody is not in the best interests of the
child(ren). The parent granted sole legal custody has the primary right to decide matters regarding
matters of health, education and welfare in the child(ren)'s best interests. The parent not granted
sole legal custody may make emergency decisions affecting the health or safety of the child(ren)
when the child(ren) is in that parent's physical care and control. The grant of sole legal custody to
one parent does not deprive the other parent of access to information regarding the child(ren)
unless the court shall so order, stating the reasons for that determination.
1. Sole legal custody is granted to
Mother
Father for the following reasons:
a.
Agreement of the parents.
b.
The other parent is unable or should not be allowed to exercise any
decision-making because:___________________________________________
________________________________________________________________.
c.
There is a danger to the child(ren) because:______________________
________________________________________________________________.
d.
Other: ____________________________________________________
________________________________________________________________.
2.
Restriction of Information Regarding the Child(ren) to Non Legal Custodian.
The
Mother
Father is restrained from accessing the child(ren)’s health,
educational and other personal information because of the following specific
reasons:__________________________________________________________
_________________________________________________________________
________________________________________________________________.
Mother shall have parenting time as follows:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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Father shall have parenting time as follows:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Alternative Dispute Procedures. Disputes between the parents other than about child
support shall first be submitted to
mediation or
another appropriate form of alternative dispute
resolution namely: _____________________________________________________________.
Military Servicemember. If either parent is a servicemember, upon deployment,
mobilization, or unaccompanied tour: the “deployment provisions” in the attached parenting plan shall
apply; OR (a) the nondeploying parent shall reasonably accommodate the deployed parent’s leave
schedule; (b) the nondeploying parent shall facilitate telephone and electronic contact between the
deployed parent and children; (c) a parent subject to deployment shall give the other parent timely
information about deployment and expected leave; and (d) the following “deployment parenting time
provisions” apply:______________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
____________________________________________________________________________________.
16.
Husband
Wife shall pay child support to the other in the amount of $____________
each month, beginning on ________________________, 20____, as shown on the attached child support
worksheet, until modified or terminated as set forth in K.S.A. 23-3001 and 23-3005.
17.
All child support payments shall be made to the Kansas Payment Center at PO Box
758599, Topeka, Kansas 66675-8599 and shall include the two digit County designation and case number
in the memo portion of each child support payment. Husband and Wife shall provide the payment center
and court trustee any information requested.
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18.
Income Withholding Provisions.
A. Withholding Ordered. The appropriate child support enforcement agency shall
issue an immediate Income Withholding Order to Obligor’s employer under K.S.A. 23-3103(b)
to enforce this order for support.
B. No Withholding Ordered. The Court finds (i) the parties have entered an
Alternative Payment Arrangement as set forth in K.S.A. 23-3103(j) or (ii) good cause is shown
that immediate income withholding is not required. In a case administered under Title IV-D, the
Court additionally finds it is in the child(ren)’s best interests that no immediate wage withholding
issue at this time. However, income withholding will take place if there is an arrearage in
support payments equal to or greater than the amount of support payable for one month and the
provisions of K.S.A. 23-3103(d) have been satisfied.
The Alternative Payment Arrangement is as follows: _____________________________
______________________________________________________________________________
_____________________________________________________________________________.
19.
Mother shall pay ______% of the child’s uninsured health care costs and Father shall pay
_______% of the child’s uninsured health care costs.
Mother and Father shall each execute any
documents required by the health insurance provider for the minor child(ren) that are necessary to allow
both parents to obtain information from, and to communicate with, that provider about the coverage
provided and the payment and reimbursement of health insurance benefits regardless which parent owns,
subscribes, or pays for the child(ren)’s health insurance coverage.
20.
Husband and Wife
entered into an agreement contained in or attached to this Decree,
which the court approves as voluntary, fair and equitable and which is incorporated into this Decree
shall divide their property and debt as stated on the record and contained in this Decree.
21.
Husband shall have as his own separate property all his personal papers and clothing, any
personal property in his possession not set aside to Wife, those items set aside to Husband in the attached
agreement, and the following items in Wife’s possession:
_____________________________________________________________________________________
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_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
22.
Wife shall have as her own separate property all her personal papers and clothing, any
personal property in her possession not set aside to Husband, those items set aside to Wife in the attached
agreement, and the following items in Husband’s possession:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
23.
Husband and Wife are each responsible for debts held in his or her own name and shall
hold the other harmless, except the following:
Debts to be paid by Husband:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Debts to be paid by Wife:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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24.
Husband and Wife are each responsible for and will each hold the other harmless on any
debts associated with any personal property assigned to that person.
25.
Husband and Wife own a house or land at the following street address AND legal
description (if none, state “NONE”):
_____________________________________________________________________________________
_____________________________________________________________________________________
The house or land is assigned to
Husband
Wife who shall be responsible for payment of the
mortgage loan and shall hold the other harmless on that debt.
26.
Husband and Wife shall execute any documents required to convey property. This decree
transfers title to all property addressed in this decree when filed.
27.
Any designation previously made by Husband or Wife that names the other as a
beneficiary of any individual or group life insurance or annuity policy, trust instrument, transfer-on-death
account, or payable-on-death account, is terminated and may be renewed only by designation made after
entry of this decree. Husband and Wife shall make any necessary changes to beneficiary designations by
filing the changes according to the terms of the policy, trust or account.
28.
Neither spouse
Husband
Wife is granted spousal support as follows:
_____________________________________________________________________________________
_____________________________________________________________________________________
29.
Other Provisions:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
IT IS SO ORDERED.
_____________________________________________
District Court Judge
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Submitted by:
_______________________________________
Name(Print): ____________________________
Address 1:______________________________
Address 2:______________________________
City, State, Zip:__________________________
Telephone:______________________________
HUSBAND
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__________________________________________
Name(Print): _______________________________
Address 1:_________________________________
Address 2:_________________________________
City, State, Zip:_____________________________
Telephone:_________________________________
WIFE
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