When You Want a Quick and Easy Divorce, Think Uncontested.
If you’re looking for an affordable (and peaceful) way to dissolve your marriage, an uncontested divorce might be the answer. While it sounds like an oxymoron, uncontested divorce simply means a divorce where spouses agree on all aspects of custody, visitation, support, property settlement, payment of debts, attorney fees and any other related matters in the case. Uncontested divorces have become increasingly popular as Kansas couples not wishing to fight horrific battles or waste countless hours and money on drawn out divorces seek different options.
If you want to dissolve your marriage, here are some questions to ask yourself about whether you are a candidate for an uncontested divorce.
1.Have both you and your spouse agreed that your marriage is broken and you both wish to obtain a divorce?
2.Do you and your spouse have access to and sufficient knowledge about the family’s finances, including all martial assets and debts?
3.Are you and your spouse still able to clearly and calmly communicate with each other?
4.Do you and your spouse agree on issues regarding parenting, such as child custody, parenting time and holidays?
5.Do you and your spouse agree on the division of marital assets, debts and other property?
6.Do you want to save time and money and dissolve your marriage peaceably?
If you answered yes to all of these questions, then you would be great candidates for an uncontested divorce.
One of the main reasons people choose an uncontested divorce over a traditional divorce is because the process is easier and much more affordable than a contested divorce. So what’s the process?
Uncontested Divorce Process in Kansas
If you have a good attorney, the uncontested divorce process should be very streamlined. Meetings with your attorney may take place in their office, but much of the communication can be done via email. At your first meeting, your attorney should ask you to bring several items with you. Below are some examples of information that your attorney may require with respect to the property settlement.
•Information regarding your mortgage – are both parties on the note?
•Cars/Boats, etc – is loan in both names?
•Bank Accounts – if they are not split already, how will they be split? Need names of banks where accounts are held
•Retirement Accounts – how will they be divided? Where are they held? What type of account is it? 401-K, IRA, etc.
•Life Insurance – what type of policy? Who is the beneficiary?
•Inheritance
•Credit cards – need name of card, how much is owed and who will be responsible for what portion
•Information regarding student loans, loan holders, balances, etc.
•Medical bills
If you have children you and your attorney will need to create a detailed plan regarding the care, custody, visitation and support of the children. In regards to child support, payments are calculated using software approved by the Courts. If both parties agree, they can deviate from the amount suggested by the Kansas Child Support Guidelines and set their own amount.
Fees and Filing
Once you provide the necessary information, your attorney will draft all of the legal documents required by Kansas for your divorce to be finalized. Fees for an uncontested divorce vary and are figured based on the complexity of your case, for instance, if you own real estate, have children, require retirement accounts to be split, etc. Some attorneys charge by the hour and some charge a flat fee. Your fee should be set at the time of the initial consultation and should cover:
•The filing fee, which is currently $166.00 in Kansas
•Preparation of documents (Petition, Entry of Appearance, Domestic Relations Affidavit, Settlement Agreement, Decree of Divorce, Certificate of Dissolution of Marriage)
•Filing documents at the courthouse
•Hard copies of all documents for both parties
•Any court appearances
The uncontested divorce process will save you and your spouse time and money and allow you to amicably end your marriage. If you would like more information, you can contact me about an uncontested divorce in the Greater Kansas City Area.
About the Author
Shea Stevens focuses her practice on family law and assists clients in the Greater Kansas City area seeking uncontested divorce, modification, child support, alimony, asset and debt division, paternity and prenuptial and post-nuptial agreements. Shea is licensed in Kansas and Missouri and is also a court approved Guardian ad Litem for Missouri.
Ms. Stevens received a Bachelor of Science in Psychology from Kansas State University, and a juris doctor from the University of Tulsa. Shea practiced in corporate law for several years prior to opening her own law firm in the spring of 2008.
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