Uncontested Divorce

The term uncontested divorce may give you an impression that the process is easier than it actually is. Uncontested means that the parties will not be litigating in front of the judge. However, there are quite a bit of things that you and your spouse need to agree on before a divorce can become uncontested. If you simply cannot get there, your case would need to be litigated, and a judge would decide it. You are better off hiring an experienced divorce lawyer for any type of divorce, including an uncontested one.

Grounds for a Divorce in Kansas

It is very rare that one or both spouses file for divorce in Kansas using fault grounds. Not only are these difficult and contentious to prove, but they would also have little practical effect on the divorce. Most couples will file for divorce on no-fault grounds, such as that the marriage has irretrievably broken down or that there are irreconcilable differences.

What Is an Uncontested Divorce?

Any type of divorce needs to go through the court system at some point or another. A divorce is a legal order that is granted by the judge, regardless of whether they are the ones who decide the issue or not. In an uncontested divorce, you are presenting the court with a separation agreement for the judge’s review. You have already worked out the key issues, and you just need a judge to review your agreement and finalize the order. In most cases, the judge May Grant the divorce based on what you have negotiated, and they will issue the final decree. How long an uncontested divorce takes depends on the judge’s docket and whether there are any complex issues in your separation agreement. Primarily, the timeline is really determined by whether and when you can agree to the key terms.

An uncontested divorce is not always as simple as it seems. You begin the divorce process needing to resolve multiple key issues before the court can grant any order. For example, spouses may need to agree on the following:

If you disagree with any of these terms, you cannot say that your divorce is uncontested. You may be working towards an agreement, but there is always the possibility that your case will end up in court.

Even if two spouses do not have children together, there are still a number of crucial matters that they need to address. It would be unrealistic to think that both of them would start the process off on the same page. Even if two spouses have shown an intent to negotiate a solution, it still does not mean that a divorce may not eventually end up being litigated.

A low-conflict divorce only happens over time after the two spouses have negotiated, usually through their attorneys. They may need to go through divorce mediation, where they get help from an experienced professional whose job it is to help people talk to each other. You may need multiple negotiation sessions to finally agree on all the outstanding matters. It is only then that you would file for an uncontested divorce with the court.

In other words, it is very rare that there is no such thing as a cheap and painless divorce. If there is, there is the possibility that you are leaving too much on the table and compromising excessively to get an agreement.

What Is a Contested Divorce in Kansas?

Contested divorces can be high-conflict in nature. Here, there are some terms on which you and your spouse simply cannot agree. A litigated divorce can come into play at any point in the process. One spouse may begin the case by filing a lawsuit against the other in court, and then they would work through the legal process. Along the way, they may engage in settlement negotiations to reach a separation agreement before the case ultimately goes to trial. In fact, this is the outcome in most cases when one spouse files in court for divorce. Simply stated, both of you may have too much to lose to take the case all the way to trial.

A contested divorce can also arise after the spouses have made multiple attempts over an extended period of time to reach an agreement. It is only after one or both of the spouses have made the termination that they have reached an impasse that the matter could be taken to court. In reality, a litigated divorce should be the option of last resort, given the potential cost and acrimony involved in a divorce trial.

Why You Need a Lawyer for Any Kind of Divorce

Many people think that they can iron out any issues on their own and then opt for a very cheap flat fee. No matter what anyone promises you, this is more likely fantasy than reality. Essentially, someone is charging you a fee for something that you would have to end up doing yourself.

Anytime a marriage is ending, you need to think strategically and proactively. The choices that you make today will impact your life for a long time to come. If your divorce case ends in a poor result for you, there is little that you can do to change it in the future.

A divorce attorney can perform the following crucial services in your case:

  • Legal Advice: Reviewing your case and providing you with tactical legal advice based on your specific situation
  • Divorce Strategy: helping you formulate a negotiating position that can protect your interests and potentially accommodate your spouse’s
  • Drafting and Reviewing Legal Language: working with the other spouses attorney on specific language in the separation agreement
  • Negotiations: handling divorce negotiations on your behalf to keep you out of the picture as much as possible
  • Court Filings: Making all the filings with the court on your behalf, preparing the paperwork and reviewing all of the necessary documentation
  • Mediation: representing you in divorce mediation when you need more intensive negotiations

Remember that the rule of thumb for anything in life is that “you get what you pay for.” If someone is offering you an insanely low price for a “quick and painless divorce,” it may certainly not be in your best interest. What you spend now could save you money and hassle in the future, and it can give you peace of mind during a very difficult time in your life.

Remember that a divorce that may seem low conflict can intensify in a hurry based on emotion and any events that occur in the meantime. If you are working towards a negotiated divorce, it is essential that you keep the process moving with a minimum level of conflict. Investing in a divorce lawyer is one way that you could keep the divorce from barreling toward litigation. If you are trying to deal with your spouse on your own, emotions and pride can get in the way of what may seem reasonable and sensible.

Contact a Kansas Divorce Lawyer Today

When you need an experienced divorce lawyer to look out for your legal interest, get help from the professionals at Colgan Law Firm, LLC.  Peace of mind can be only a phone call away. You can schedule an initial consultation with one of our attorneys by calling us today at 913-721-9999 or by sending us a message online. We provide pragmatic legal representation to clients in Wyandotte, Johnson, or Leavenworth Counties and the surrounding areas. Our lawyers will listen to you and learn about what you value before helping you plot a way forward in your case.

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