An uncontested divorce is an option for married couples wanting to end their marriage without having to go to trial. Many Kansas lawyers will agree this is the best path to take because it is a simplified process due to the two parties' mutual desire to divorce amicably.
If you're seeking an uncontested divorce in Kansas, it is still necessary to obtain an experienced divorce lawyer to walk you through the documentation of your divorce and mediate the process of dividing property and time with any children from your marriage. Choosing an uncontested divorce and a lawyer to pursue it makes it much more likely that the court will approve the desired terms of your divorce.
When a couple pursues an uncontested divorce, they try to do so as amicably as possible. They work together to settle vital issues like child support and alimony, the division of property and debt, and custody of their children. During this process, their attorneys will make sure their agreements comply under Kansas law and will draft the necessary documents to file with the court.
Some methods to help achieve success with an uncontested divorce include:
Retaining a knowledgeable divorce attorney. By bringing an attorney into your divorce situation, you ensure that the divorce is equitable and fair to both parties involved. Your counsel will evaluate your goals for ending the marriage and make sure you are good candidates for this type of divorce. It's necessary for the parties involved to be honest about finances, property, any issues regarding domestic violence or trust of one another to cooperate to complete the divorce.
Discussing the divorce with your spouse. Do not blindside your spouse by serving up unexpected divorce papers. An uncontested divorce involves the wishes of both spouses and not speaking about it before filing will be antagonizing. Speaking ahead of time about the desire to divorce paves the way for a more easily agreed upon compromise.
Keeping it simple by filing "no-fault." The state of Kansas permits the filing of divorce based on the incompatibility between the couple. By using a no-fault option, you save precious time and money because you do not have to prove your spouse did something to make you want a divorce.
Resorting to negotiation or mediation. Sit down and with your attorneys present, resolve any financial support issues. Child support, alimony, division of property and child custody are essential issues that need inclusion in a comprehensive settlement agreement. By dealing with these issues together, there are fewer hearings later which saves you time and stress.
Filing your marital settlement agreement. Once you and your spouse have created a fair and equitable settlement, the court should review and grant it. If the court perceives any part of it is showing favor to one party more than the other, you may receive a denial. Your divorce lawyer can help you get it right the first time to ensure a prompt and cost-effective divorce.
Sometimes, it isn't always possible to reach an agreement with an estranged spouse. Maybe their emotions interfered with any attempts at compromise over support issues, or you and your spouse cannot agree on what is in your children's best interest. If this occurs and the uncontested divorce process breaks down, it's crucial that the attorney you hire will aggressively advocate for you and your family in the courtroom.
Joseph T. Welsh, Attorney at Law understands you need a firm negotiator to protect your parental rights and property when compromise and trust break down during a divorce. Joseph has handled thousands of cases, as both a prosecutor and defender in Kansas and can assist you in your unique situation. We offer a free consultation to assess your situation, discuss your needs, and outline what you may experience during the divorce process. Contact our office today at (620) 510-5030 to get the answers you need to protect your family and future during the divorce process.