Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Loading PDF...
Tags:
Rev. 7/2019 251KSJC 1 of IN THE DISTRICT COURT OF COUNTY, KANSAS In the Matter of the Marriage of (Name of person who filed the Petition) Case No. and Division (Name of person who did not file the Petition) Is Title to Real Estate Involved? Yes No DECREE OF DIVORCE (WITH CHILDREN) 223Petitioner224 means the person who filed the Petition. 223Respondent224 means the person who did not file the Petition. 223Parties224 means the Petitioner and Respondent. NOW THIS day of , 20, the above matter comes before the Court for final hearing. Petitioner appears in person by counsel, does not appear. Respondent appears in person by counsel, does not appear. After considering the presentation of testimony and evidence, the court finds: 1.Petitioner was a resident in the State of Kansas for more than sixty days before thepetition filing date. 2.This court has personal jurisdiction over Respondent because: 3.Petitioner and Respondent are now married.4.This Court has the power to grant a divorce to Petitioner and Respondent. Please review #9 of the Instructions for Divorce 226 With C hildren prior to completing this Decree . American LegalNet, Inc. www.FormsWorkFlow.com Rev. 7/2019 251KSJC 2 of 5.More than sixty days have passed since the petition filing date. 6.Respondent is is not now on active duty with the United States Military. Unknown. If Respondent is on active duty, the requirements of the Servicemembers Civil Relief Act (SCRA) have have not been met. 7.Petitioner and Respondent are incompatible and are divorced on that ground. 8. Petitioner Respondent is restored to the former name of. 9.Petitioner and Respondent cannot marry another person until thirty (30) days after entryof 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 Petitioner and Respondent both waive appeal. 10.Court costs are assessed to: Petitioner Respondent Other: . 11. Neither party is pregnant. Or is pregnant at the time this Decree is filed. (Name of Petitioner or Respondent) Or Unknown. 12.Petitioner and Respondent have the following children from their relationship togetherwho are 19 years of age or under and they are: a.(child222s name), was born in (month) (year).b.(child222s name), was born in (month) (year).c.(child222s name), was born in (month) (year).d.(child222s name), was born in (month) (year).e. (child222s name), was born in (month) (year).f. (child222s name), was born in (month) (year). 13.Kansas has child custody jurisdiction because it is the home state there is no homestate and Kansas has significant connections with the child(ren) Other: American LegalNet, Inc. www.FormsWorkFlow.com Rev. 7/2019 251KSJC 3 of 9 14.Petitioner and Respondent have have not entered into an agreed parenting plan.The Court enters the following the attached parenting plan as in the child(ren)222s 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. 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/are 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 (insert name of parent) for thefollowing reasons: a.Agreement of the parents. b.The other parent is unable or should not be allowed to exercise anydecision-making because: . c.There is a danger to the child(ren) because: . d.Other: American LegalNet, Inc. www.FormsWorkFlow.com Rev. 7/2019 251KSJC 4 of . 2. Restriction of Information Regarding the Child(ren) to Non Legal Custodian. (insert name of parent) is restrained from accessing the child(ren)222s health, educational and other personal information because of the following specific reasons: . Petitioner shall have parenting time as follows: Respondent 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 223deployment provisions224 in the attached parenting plan shall apply; OR (a) the nondeploying parent shall reasonably accommodate the deployed parent222s 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 American LegalNet, Inc. www.FormsWorkFlow.com Rev. 7/2019 251KSJC 5 of information about deployment and expected leave; and (d) the following 223deployment parenting time provisions224 apply: . 15. Neither spouse Petitioner Respondent is granted spousal maintenance as follows: No court trustee fee will be charged. 16. Petitioner Respondent 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. 23-3005. 17.All child support and spousal maintenance payments shall be made to the KansasPayment Center at PO Box 758599, Topeka, Kansas 66675-8599 and shall include the two letter County designation and case number in the memo portion of each support payment. Petitioner and Respondent shall provide the payment center and court trustee any information requested. 18.Income Withholding Provisions. (choose one) A. Withholding Ordered for Child Support (with or without spousal maintenance). The appropriate child support enforcement entity shall issue an immediate Income Withholding Order to Obligor222s employer under K.S.A. 23-3103(b) to enforce this order for support. B. Withholding Ordered for Spousal Maintenance Only (no child support ordered). All spousal maintenance payments shall be subject to income withholding but only if (a) there is an arrearage in the payment of spousal maintenance in an amount equal to or greater than the amount of spousal maintenance payable for two months, (b) the obligee American LegalNet, Inc. www.FormsWorkFlow.com Rev. 7/2019 251KSJC 6 of spouse or ex-spouse is not living with a child of the obligor for whom an order of support is also being enforced, and (c) there has been compliance with K.S.A. 23-3103(h). C. No Withholding Ordered. Pursuant to K.S.A. 23-3103(j)(1), the Court finds (i) notice of the request that no income withholding order be issued has been served on all interested parties; and (ii) the parties have entered into the written alternative payment agreement set out below, or 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)222s best interests that no immediate wage withholding order be issued 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(j)(2) have been satisfied. The alternative payment arrangement is as follows: . 19.Petitioner shall pay % of the child(ren)222s uninsured health care