Uncontested Divorce in Kansas

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, then getting a divorce is a rather simple process.

Advantages of Uncontested Divorce in Kansas

• The divorcing couple is better placed than the Court to determine the best interests of the children. The divorcing couple can negotiate their settlement and parenting arrangement and thereby take control of the future of the children. Such settlements are usually approved by the court as long as they are found conscionable, fair and in the best interests of the children.

• Contested divorces require a large amount of money. They also result in a considerable physical and emotional toll. The divorcing partners are pitted against each other in the court. This can result in an unproductive, stressful and very hostile situation. All these points are avoided in case of an uncontested divorce.

• Contested divorces consume many months or more than a year to complete. On the other hand, uncontested ones proceed very fast. If the parties successfully reach an agreement quickly, then procuring this divorce is a matter of a few months. A considerable section of this duration is spent for the 30 day waiting period or waiting for the court date.

• In uncontested cases, the divorcing parties save expenses like the lawyer’s fees as well as case related expenses like trial expenses, the costs of discovery, witness costs, deposition costs and service fees.

Role of lawyer in Uncontested Divorce in Kansas

It is not unusual that the divorcing parties in this type of divorce take the services of the lawyer. Such lawyers perform the following functions.

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

In this sort of divorces, 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 case is completed through the services of just 1 lawyer. However, such a lawyer can represent only 1 party in the case. This lawyer is not supposed to advise the non-represented divorcing partner of 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.

Key to Uncontested divorce

It is necessary that both the divorcing partners should realize that in the near future the divorce would take place. So, both should 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. So, they must conclude that it is beneficial for them if they resolve all these issues amongst themselves.

Divorce Papers