An uncontested divorce is generally one of the least expensive and most efficient ways to resolve a divorce with as little stress as possible. While both contested and uncontested divorces could potentially be resolved outside of court, uncontested divorces are still much faster and easier to secure. However, while they are simpler, that doesn’t always mean you should forgo a skilled Wichita divorce attorney.
There are several benefits to having an attorney by your side or acting as a mediator for you and your spouse. Uncontested divorces occur when spouses agree on the main aspects of a divorce, like the division of property, spousal maintenance, and decisions regarding children. Because spouses mostly agree on these issues, they can handle the separation outside of court and with minimal negotiation.
It can be tempting to cut further costs by proceeding without an attorney, but this will not always save you the time and money you would like it to. Even uncontested divorces with amicable spouses require negotiations over specific details, and an attorney can help you protect your rights in this process.
Some of the benefits of working with a divorce attorney for your uncontested divorce include:
Legal Knowledge and Meeting Separation Agreement Requirements
Filing for divorce requires certain paperwork filing on time and accurately, and there are also important legal requirements for your separation agreement. Working with an attorney for your uncontested divorce helps you and your spouse navigate these issues with less stress and more certainty that everything is completed properly.
Minor errors in these steps can draw out the divorce process or cause you to have to remake your separation agreement. A family law attorney has managed numerous divorces and knows how state and local laws may affect your situation.
A Fair Separation Agreement That Protects Your Rights
An attorney primarily can protect your rights if they are representing you and can prevent couples from submitting an unfair agreement to the court if they are mediating the negotiations. Working with a divorce attorney can ensure the separation agreement is complete and will likely be approved by the court.
Courts tend to approve separation agreements made by couples as long as nothing is unfair to either spouse and that provisions about children are in the children’s interests.
If the court does not notice an unfair provision, this can leave one spouse in financial or personal hardship. Financial issues like tax implications or the costs of certain debts may not be fully considered without an attorney. An attorney can help couples prevent this, as unfair agreements can occur even when spouses are trying to make a fair and reasonable agreement.
When an attorney represents you, they can give you legal advice regarding how to approach different aspects of the separation agreement and help you protect your rights to your share of marital property, financial support, and to care and custody of your children.
Experience and Support During Negotiations
Divorce attorneys have a lot of experience in divorce negotiations, while couples may have little to no experience. This knowledge can be very beneficial for keeping discussions productive, making them less frustrating, and suggesting crucial solutions for issues.
Even amicable spouses can hit emotional roadblocks because of the numerous stressful aspects that must be discussed and have high emotional investment from both spouses. An attorney can help you navigate to a solution in these cases.
If the Divorce Becomes Contested
Support of an attorney in an uncontested divorce is also beneficial because not all uncontested divorces remain uncontested. Many couples gravitate toward uncontested divorce because of the lowered stress and cost, but it is not always right for every couple. Contested divorces can still be handled outside of court but may take more time, and it becomes more important that each spouse has their own legal representation.
Having an attorney there for the negotiations of an uncontested divorce can provide a more objective perspective on when additional legal support is necessary for both spouses to protect their rights.
FAQs
Q: How Long Does an Uncontested Divorce Take in Kansas?
A: How long an uncontested divorce will take in Kansas is a minimum of 60 days. This is because there is a 60-day waiting period between when a divorce is filed and when the judge will enter an order for a divorce.
The divorce may take longer based on negotiation timelines. In an uncontested divorce, spouses agree on the main aspects of their separation agreement. However, there may still be detailed negotiations, such as the specific assets they are splitting or creating a parenting plan.
Q: How Much Does an Uncontested Divorce Cost in Kansas?
A: How much an uncontested divorce costs in Kansas depends on the filing fee, the court costs, and attorney fees. Filing fees for a divorce petition can vary depending on the county you live in, although there may be options for waiving the fee.
For an uncontested divorce, you typically only need to attend one hearing to have the separation agreement approved. However, if the court does not approve it, you will have to re-negotiate an agreement; it is important to work with an attorney to avoid this.
Q: What Is a Wife Entitled to in a Divorce in Kansas?
A: What a wife is entitled to in a divorce in Kansas is her equitable portion of marital property. Marital property is handled differently in Kansas than in most states, as nearly all of the couple’s assets are considered marital property when they file divorce, regardless of when the asset was acquired.
Both spouses have the same rights to this marital property in Kansas, and the court will determine what a fair split of the property is based on factors in the couple’s marriage.
Q: Does It Matter Who Files for Divorce First in Kansas?
A: It does not legally matter which spouse files for divorce first in Kansas, as the family court does not have any preference for a petitioner or respondent spouse when making decisions about the divorce.
In some cases, there may be strategic benefits for choosing to file or respond to a divorce petition. The spouse who files first can decide which court to file in if the couple meets residency requirements in multiple courts. The petitioner also typically presents their case first, which may be a benefit or a drawback.
Legal Support to Protect Your Personal and Financial Interests
When you need a mediator or a divorce attorney, contact Stange Law Firm.
