Every divorce has the potential to be difficult, emotional, and painful, regardless of whether it is contested or uncontested. Either way, it is the end of your marriage, and you may not be fully prepared to accept that, even if you are the one who initially filed. You can try to make it easier to handle, but the emotional weight may still be there. Since Kansas is a no-fault divorce state, you don’t need to justify pursuing a divorce. A Wichita divorce lawyer can help you.
Getting a No-Fault Divorce in Kansas
Pursuing a no-fault divorce has its ups and downs. Every divorce case is different, which means that the contributing factors that lead to divorce are always going to be different, too. Everyone who gets divorced does so because their marriage has reached a breaking point unique to their relationship.
Never let anyone try to convince you that your values and reasons for pursuing a divorce are not valid. In Kansas, you do not need to prove fault in order to get a divorce, nor do you need a reason to file for divorce.
Under no-fault divorce laws, you are not required to demonstrate a reason why your marriage is ending. You can simply file under irreconcilable differences and go from there. The primary no-fault ground that is often listed in a Kansas divorce is incompatibility. Sometimes, people grow apart through no fault of their own. It’s tough to work through, but it’s possible to heal from. In Kansas, you don’t have to prove infidelity or abuse in order to get divorced.
The goal of a no-fault divorce is to keep things out of the courtroom and avoid litigation if you can. To get divorced in Kansas, one spouse only needs to prove that the marriage has become irretrievably broken, regardless of fault. While certain alienating elements may influence the amount of support or divided assets that your spouse may receive, it doesn’t influence the actual divorce. You may want to focus mainly on protecting your own financial security and future.
According to the CDC, Kansas has a significantly lower divorce rate than many other states in the union, with a divorce rate of 1.9 per 1,000 residents as of 2022. However, the marriage rate in Kansas just a year later was 5.3 per 1,000 residents, according to information gathered by the Kansas Department of Health and Environment. Dealing with the finer details of divorce can be stressful. A local Wichita support group like DivorceCare may be beneficial to your situation.
The Kansas Divorce Process
When you are moving forward with a no-fault divorce, the resulting legalities can be far smoother than a fault-based divorce. Still, a no-fault divorce has its own specific filing deadlines and requirements that need to be respected. A good divorce lawyer can help you with your case and make sure you don’t miss anything as you navigate the process. Here are some of the vital steps in the Kansas divorce process:
- The process begins with filing the paperwork. Before you do that, you need to make sure you meet the residency requirements for a Kansas divorce. Either you or your spouse must have lived in Kansas for at least 60 days before filing for divorce. From there, you must file a Petition for Divorce in the county where the marriage occurred or where one spouse currently lives.
- After the paperwork is filed, your spouse will be served with the divorce papers. If you are pursuing a no-fault divorce, your spouse may already be aware of this, and serving the papers may be less awkward than it could be. Your spouse will look over your petition and work out the terms with you through negotiation.
- There will be a 60-day waiting period before a final hearing is held in front of a judge. The judge will look through your proposed settlement, make any necessary changes, and approve the divorce agreement.
FAQs
Q: Can I Get Divorced in Kansas Without My Spouse’s Consent?
A: Yes, you can pursue a divorce in Kansas without your spouse’s consent. You simply need to prove that the marriage is broken beyond repair or that you and your spouse have irreconcilable differences. Even if both parties disagree on certain terms or about the entire divorce, it won’t stop the divorce from happening. Your divorce can certainly be contested by your spouse, but it can’t legally be stopped.
Q: Do I Really Need a Divorce Lawyer?
A: It depends. If your divorce is uncontested, you and your partner are likely able to work things out and pursue a divorce because you know it’s the right thing for your respective happiness. In that case, a lawyer may be unnecessary. If your divorce is contested, there is animosity between spouses, and you will want a lawyer to stand between you and your spouse’s animosity. Having the right lawyer can make a huge difference in your individual success.
Q: Will My Divorce Be Expensive?
A: Every divorce has the potential to be costly. The total amount you will end up paying for your divorce is dependent on many contributing factors. Generally, an uncontested divorce costs much less than a contested one since you don’t have to worry about mounting litigation costs.
The total cost of your divorce will depend on its complexity, your lawyer’s experience and education, how much you will lose in assets, and whether you must pay ongoing spousal support.
Q: How Long Will My Divorce Take?
A: There is no telling how long your divorce will take to be finalized. Every divorce has its own timeline. The more complex your case is, the longer it will take to complete. A contested divorce with significant assets, custody agreements, and constant setbacks could take several months to over a year to finalize.
Contact a Lawyer Today
The legal team at Stange Law Firm understands the potential complexities of a divorce case, even a no-fault one. Regardless of how your divorce ends, you will want an experienced lawyer to help you see it through. Contact us to speak to someone on our team who can help you.
