It is often assumed that an uncontested divorce with children is one where both parties just agree that they want the marriage to end. This assumption is not correct.
In reality, an uncontested divorce with children is one where not only do both spouses agree that they want the marriage to end, but also both spouses agree on everything associated with the divorce such as a division of the property, allocation of debts, custody of the children, parenting time, child support, alimony and much much more. There are many questions and decisions that must be addressed and the divorcing spouses must be on the same page. They need to have come to a previous, amicable resolution about the business side of the divorce in order to remain truly uncontested. Some of these questions, for example: “Who gets the car? How is the equity in the house going to be divided? Who will the kids live with?”
Furthermore, they need to be willing and able to work together to address any decisions that they had not yet discussed and come to an agreement. Any other mindset or stance is effectively a contested divorce. Even if you file your case as uncontested, a failure to come to an agreement with the other party typically results in your case becoming contested.
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It isn’t difficult to see how a divorce which may have started off as uncontested becomes contested very quickly. Keep in mind that total agreement is necessary to avoid a contested divorce often resulting in the matter going to a trial in front of a Judge.
For most people, working with their spouse to settle important issues is difficult. However, it is the only way to dissolve your marriage as quickly and cheaply as possible. An uncontested divorce can typically complete anywhere from 45-90 days. It is possible for some cases to complete in less than 45 days and it is also possible for an uncontested to divorce to complete in as much as 180 days.
If the two parties are willing to do an uncontested divorce, one of the must be the Petitioner. That is, one of them must file a petition asking the court for a divorce. The other party is the Respondent, as they are generally expected to respond to the petition. In an uncontested divorce, the respondent does not respond. This puts the respondent in default and a final hearing is set. It is at this hearing that a judge will sign an order for dissolution.
While it may sound simple, there are many detailed and nuanced laws and instructions for getting divorced in Kansas and they must be followed exactly. RS Law is well versed in these laws and instructions and has the history and experience to easily guide you through the process. The Judgement of Dissolution, also known as the divorce, is NOT REVERSIBLE, it is extremely important to get it done right. RS Law provides legal representation at an affordable price. Handling your divorce without an attorney could be an extremely expensive mistake in the long run. Keep in mind, you don’t know what you DON”T KNOW until it’s too late.