Uncontested Divorce in Kansas

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A divorce, for many married couples is a final outcome of a failing married relationship. When a married couple finalizes that they cannot continue together and should get separate, it is essential to compare the various paths they can take to get a divorce. Here, the type of relation between the spouses comes into picture. If they enjoy a friendly and cooperative relation, getting a divorce is a rather simple process. For these couples, an uncontested process seems to be a profitable and easy option. All the issues can be resolved keeping in mind the interests of both the individuals. This nature of an uncontested process has made it popular in many states and countries around the world. Kansas in the USA has laid down rules pertaining to this type of divorce. Married couples can obtain an uncontested divorce in Kansas, which would result in a speedy, cost-effective, and productive experience for themselves and their children, if any.

To help you understand the basic process, the major aspects of an uncontested divorce in Kansas are elaborated here:

Residency Requirement and Venue for filing an uncontested case

Anyone of the partners should be a resident of Kansas for a period of two months before they file for the case. The venue for filing the case must be the county where either of the partners resides.

Grounds for divorce

Kansas is a no-fault divorce state where a divorce can be obtained on the basis of irreconcilable differences, that is, incompatibility between the partners. The common grounds include:

  • If a partner fails to perform a marital duty
  • Incompatibility owing to mental illness

Forms that are required to file an uncontested divorce in Kansas

The Petitioner needs to fill and file certain forms which are mentioned below:

  • A Civil Information Sheet: This form is required to identify the spouses and the type of action.
  • A Petition for Divorce (in cases without children): This document is needed to identify the spouses, confirm the ground and the distribution of property and debts between the spouses.

There are rules specifying the way a Petitioner should notify the Respondent. The Petitioner can use anyone of the three ways mentioned below:

  • By Mail
  • By Waiver
  • By Sheriff's Service

To know more about these services, you must take the help of a lawyer. Once all the paperwork is done correctly, the Petitioner or their lawyer may contact the court to confirm the date and time for the hearing of the case.

Forms required for an uncontested case with children

Couples, with or without children, may file for an uncontested case in Kansas. The laws, requirement and procedures for these two types of processes will certainly be different. Couples with children need to file a Petition for Divorce (with children), in addition to all the forms that are mentioned above, for a marriage without any children:

  • A Child Support Worksheet: This worksheet is used to find the child support calculations.
  • A Parenting Plan: This form is used to establish the terms and conditions of child custody and visitation.
  • A Domestic Relations Affidavit: This is used to identify the domestic situation of the spouses, their financial condition, and children.

Role of lawyers

Sometimes separating couples file for uncontested procedures, and in the midway they face some difficulties. In order to avoid this, it is advisable to hire the services of a lawyer. The role of such a lawyer is discussed below:

  • Providing advice to the parties regarding their legal rights
  • Negotiating on behalf of the parties
  • Drafting and approving the agreements before they are signed by the divorcing partners

In this sort of cases, the lawyer cannot play the role of a mediator or an arbitrator. The duty of this lawyer is just to look for the interests of the divorcing couple.

Sometimes it is observed that an uncontested process is completed through the services of just one lawyer. However, such a lawyer can represent only one party in the case. This lawyer is not supposed to advise the non-represented divorcing partner about their legal rights. However, this lawyer is useful for the following:

  • Offering creative suggestions and ideas to enable the represented party to reach an agreement
  • Preparing settlement agreements and other court related documents properly
  • If essential, conducting the uncontested hearing

It is imperative that both the divorcing partners consciously understand and admit that whatever method they choose, it is not possible to escape the distribution of property, child support, a parenting plan for their children, and the final decree of dissolution. It is therefore beneficial for them if they resolve all these issues amongst themselves, and go for a simplified process. This is also true for couples willing to obtain an uncontested divorce in Kansas.

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