Legal Question in Family Law in Kansas
Absent spouse
I have bought a Kansas petition for divorce and it askes for the respondents address and SS# I have no idea where she is do I just leave those areas blank or is there another type of form?
2 Answers from Attorneys
Re: Absent spouse
Forms filed by Pro Se litigants often cost that person more money to have an attorney fix the incorrect form, then it would have cost to have a KS attorney draft it in the first place.
I don't know where you got your form, or even if it is any good. It will probably not work. I make no promises that you will be successful with it.
In a general sense, if the whereabouts of a defendant are unknown, and personal and subject matter jurisdiction are proper in the court you chose, it is customary to list the last known address for the missing defendant. This will not excuse the need for service, but may allow a Petition to get a case number.
Good Luck
Re: Absent spouse
Divorce kits are seldom satisfactory. The lack of a spouse's address or Social Security number will not be fatal in the Petition, but lack of an address will cause major problems in serving the papers on the spouse. Publication service may become necessary, which brings up a whole host of other problems. Your best course of action is to consult an attorney.