It is an unfortunate fact that some marriages do not succeed. If it happens to you, it is vital to your peace of mind and financial security that you take precautions to protect yourself. You may want to try a legal separation first, but sometimes divorce is the only option left. You are going to want your divorce to go smoothly, but that may not always be an option. A contested divorce can be an emotionally painful process, but a Wichita, KS, divorce lawyer can help.

What Is a Contested Divorce?

If you are going through a contested divorce, you will know it. It is essentially the worst way that your divorce can go. An uncontested divorce is smooth, amicable, and often a joint effort by both partners. A contested divorce is the exact opposite. It occurs when one or both partners feel slighted, bitter, angry, and even vengeful about getting divorced. They want to make the process as difficult as possible for the other partner and are trying to come out on top of the settlement.

In a contested divorce, many different factors have to be reconsidered and often decided on by the Kansas court system. These factors include child custody arrangements, asset division, alimony payments, child support payments, and more. Everyone’s contested divorce is different, so your experience may be unique to others. An experienced divorce lawyer can help you work out a plan and weigh your options.

Depending on your situation, a contested divorce can start fairly early on, even before you have started considering divorce as your way out of a broken marriage. Telling your partner that you want a divorce can even be enough to start creating feelings of resentment that will carry into the divorce proceedings. Your partner may plan to make things painful for you as a way to get some revenge for themselves. Contested divorces often take much longer than uncontested ones.

The Divorce Process in Kansas

Whether you are seeking a contested or uncontested divorce, the process in Kansas begins the same way. You have to file a petition for divorce. From there, the steps differ greatly depending on your situation. In a contested divorce, the steps can be lengthy and a bit more complex. It is wise to have an experienced divorce lawyer by your side throughout the process, as they can provide you with solid advice and make sure you meet appropriate deadlines. Here are the steps:

  • File the petition. To start the process, you have to file a petition for a divorce. The petition will name both spouses, and at least one of the spouses has to have been a Kansas state resident for at least 60 days before filing for divorce. At least one spouse must also live in the county you are filing in.
  • Domestic relations affidavit (DRA). One required document you will need to file is the DRA. You should prepare this document with your lawyer’s assistance, as it can get complex, and there could be tough consequences if you fill it out wrong. The DRA will list all of the relevant financial information that needs to be considered in your divorce, including marital assets and any liabilities, such as outstanding debts.
  • Serving the papers. In a Kansas divorce, the person seeking a divorce is called the petitioner and the one being served is called the respondent. When the respondent is served with the divorce papers, they will have 21 days to respond. The respondent will be served with the divorce papers in one of several ways — sheriff’s deputy, a process server, or a voluntary entry of appearance.

FAQs

Q: What Are the Positives of a Contested Divorce?

A: A contested divorce is a major life decision that is going to have its pros and cons, just like any major decision you make. Granted, for many people, a contested divorce can be a difficult situation to find a positive silver lining. One positive of a contested divorce is having an increase in legal protection when spouses are unable to reach a mutual agreement.

Q: What Are the Negatives of a Contested Divorce?

A: A contested divorce is generally a negative experience for all involved, as contention rarely leads to a positive outcome for both parties. One of the most substantial negative elements of a contested divorce is the expense. A contested divorce is often drawn out on purpose, with one spouse seeking to make things difficult for the other. The longer a divorce takes, the more expensive it can get.

Q: How Long Will It Take to Finalize My Divorce?

A: There is no sure way to determine how long it might take to fully finalize your divorce. Everybody’s divorce is different, with every case having its own specifics and circumstances that are going to influence the outcome. A contested divorce is almost certainly going to take longer to finalize than an uncontested one. The court has to consider the division of assets, any child custody arrangements, and more.

Q: If I Change My Mind, Can I Withdraw My Divorce Petition?

A: Yes, you can withdraw your divorce petition at any time, if you and your partner decide you want to try and work things out amongst yourselves. If the spouse who filed for divorce requests a dismissal from the court before the other spouse is able to respond to the petition, you can halt proceedings without getting a judge involved. If the other spouse does respond, both partners will have to agree to stop the divorce proceedings.

Reach Out to an Experienced Divorce Lawyer Today

A contested divorce can be an overwhelming, frustrating, and emotionally exhausting experience to find yourself in. The whole situation can make you uneasy about your future and cause you to worry about what comes next. A good divorce lawyer can take control of your case and make sure you aren’t taken advantage of. The legal team at Stange Law Firm understands the kind of help you need. Reach out to speak to a team member about your case.