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I live in Kansas. I was served divorce papers. Our son is…

Customer Question
I live in Kansas...

I live in Kansas. I was served divorce papers. Our son is going through some emotional issues and we have put him in counseling. Husband has said he is going to postpone the divorce. What are those options and how does it work?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in KS family court?

He filed divorce papers a week ago and I just got served yesterday

Lawyer's Assistant: Have you talked to a lawyer about this yet?

Briefly but not about him postponing the divorce

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just what are the options of postponement and how it works.

Submitted: 28 days ago.Category: Family Law
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Answered in 5 minutes by:
3/23/2018
Family Lawyer: Legal Eagle, Lawyer replied 28 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 10,171
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 28 days ago
ok i will wait for your answer
Family Lawyer: Legal Eagle, Lawyer replied 28 days ago

Ok, so you can't technically "postpone" the divorce, but you can postpone certain court hearings or proceedings that are coming up. You may want to have him just dismiss this divorce proceedings for now (as he can file later), but if he doesn't want to dismiss, then you may need a motion to continue the proceedings. Generally, the court may, for good cause, extend the time if one party requests additional time or the court may just extend additional time on their own if they feel it is necessary in the case. In your motion document, the moving party has to be sure that they are explaining the reasons for the continuance. Many times, the court will grant the motion if there is something like an illness, death, the loss of an attorney, or some other “good cause” reason to extend the time for some event. Although each state is different, a motion to continue must be filed at least 14 days before the upcoming hearing date. Make three copies: one to keep, one to file, and one to serve on the opposing party.

When you have your motion ready, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. Service is required for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

Once the motion is served on the opposing party, they will have a chance to oppose the motion if they wish. They must file and serve their opposition. Regardless, the magistrate will review the documents and either a) call a hearing to have you make oral arguments or b) make a decision without a hearing. Regardless, you’ll be notified of the magistrate’s decision in writing.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 28 days ago
Thank you for this information!
Family Lawyer: Legal Eagle, Lawyer replied 28 days ago

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