Divorce can be a daunting process, but there are some ways to make it less stressful and time-consuming, and one of these ways is uncontested divorce. In this article, we will take a closer look at what uncontested divorce is, the legal requirements for an uncontested divorce in Kansas, and some important considerations for anyone seeking an uncontested divorce in the state.
What is an Uncontested Divorce?
An uncontested divorce is a type of divorce in which both spouses agree on all the terms of the divorce, including how to divide assets and property, child custody, child support, and alimony. It is generally faster, less expensive, and less stressful than a contested divorce, in which the couple cannot agree on one or more of these terms. In order to have an uncontested divorce, the couple must also meet certain legal requirements, which vary from state to state.
Legal Requirements for Uncontested Divorce in Kansas
In order to have an uncontested divorce in Kansas, the following legal requirements must be met:
Residency
At least one of the spouses must have lived in Kansas for at least 60 days before filing for divorce. Alternatively, a member of the US military who is stationed in Kansas may file for divorce in the state.
Grounds for Divorce
Kansas is a no-fault divorce state, which means that neither spouse has to prove that the other spouse did something wrong in order to get a divorce. Instead, the only grounds for divorce in Kansas are that the marriage is irretrievably broken, or that the spouses have been living separate and apart for at least 60 days. In an uncontested divorce, both spouses must agree that the marriage is irretrievably broken.
Waiting Period
In Kansas, there is a mandatory waiting period of 60 days after the divorce petition is filed before the court can grant a divorce. However, the waiting period may be waived if both spouses agree in writing to do so.
Property Division
Kansas is an equitable distribution state, meaning that the court will divide marital property in a way that is fair, but not necessarily equal. In an uncontested divorce, the couple must agree on how to divide all assets and debts. The court will review the agreement to ensure that it is fair and equitable.
Child Support
Both parents have a legal obligation to support their children. In an uncontested divorce, the couple must agree on the amount of child support that will be paid by the non-custodial parent. The court will review the agreement to ensure that it is in the best interests of the child.
Child Custody and Visitation
In Kansas, the court will award custody based on the best interests of the child. In an uncontested divorce, the couple must agree on a custody arrangement that is in the best interests of the child. The court will review the agreement to ensure that it is in the best interests of the child.
Alimony
In Kansas, alimony (also known as spousal support) may be awarded to one spouse if the court determines that it is necessary. In an uncontested divorce, the couple must agree on whether alimony will be awarded and, if so, how much and for how long.
Considerations for Uncontested Divorce in Kansas
If you are considering an uncontested divorce in Kansas, there are several important considerations to keep in mind:
Getting Legal Advice
Even if you and your spouse agree on all the terms of your divorce, it is still a good idea to consult with an attorney. An attorney can review your agreement to ensure that it is fair and equitable, and can help you navigate the legal process.
Completing the Paperwork
In an uncontested divorce, you will still need to file a number of documents with the court. These may include a divorce petition, a marital settlement agreement, and a parenting plan if you have children. It is important to ensure that all the paperwork is complete and accurate, and that it is filed with the court within the required timeframe.
Mediation
If you and your spouse cannot agree on one or more terms of your divorce, you may be required to participate in mediation. Mediation is a voluntary process in which a neutral third party helps you and your spouse reach a mutually agreeable solution.
Court Appearance
If everything is agreed upon and the paperwork is complete, you will not need to appear in court for an uncontested divorce. However, under certain circumstances the judge may ask additional questions or ask you to clarify certain aspects of the agreement. This would occur in the courthouse in front of a judge.
In summary, uncontested divorce in Kansas can be a faster, less expensive, and less stressful option than a contested divorce. However, it is important to ensure that all legal requirements are met and that your agreement is fair and equitable. Seeking legal advice and completing paperwork accurately will go a long way in ensuring your divorce goes as smoothly as possible.