Uncontested Divorce Attorney in Kansas City, Kansas

When you’re filing for divorce, you have options for how to proceed. Doubtlessly, there will be several difficult topics to address and decide upon with your soon-to-be ex-spouse before you finalize your divorce. One thing that many separating couples don’t fully understand, though, is the difference between a contested and uncontested divorce—and how this can affect the length and overall cost of the entire process. In almost all cases, an uncontested divorce (sometimes referred to as an ‘amicable divorce’) will be an easier process. 

If you’re interested in learning more about the benefits of an uncontested divorce, reach out to us at The Alexander Law Firm, LLC. We’re proud to serve clients throughout the Kansas City, Kansas, area including Wyandotte County and Johnson County.  

What Is an Uncontested Divorce?  

There are two basic methods of pursuing a divorce in the state: contested and uncontested. Understanding the differences between the two will help you decide how to proceed.

• Contested divorce: With a contested divorce, the two spouses cannot agree on one or more issues and must then turn to the courts to make a decision for them. This usually pertains to child support or custody, asset division, or alimony. Typically with a contested divorce, each spouse will work individually with their own legal counsel. Nearly all communication will go between the lawyers instead of the spouses.  

• Uncontested divorce: In an uncontested divorce, the two spouses are able to come to an agreement on all the major topics without having a judge intervene. Each spouse may still choose to work with an attorney on their own to consult with, or they may decide to work with a trained mediator to help them come to a joint agreement. By doing this, they can then write up their marital settlement agreement. In most cases, this agreement will be approved by the court.  

To qualify for a divorce in Kansas, there is only one requirement that must be met: at least one of the spouses must have been a resident of the state for at least 60 days prior to filing, but the original marriage doesn’t have to have begun in the state. So, who exactly can file for an uncontested divorce? In general, in order to file for this kind of divorce, you must be in agreement on all the following topics: 

• Child custody and parenting plans 

• Alimony 

• Property division 

• The grounds (reason) for the divorce, which fall into either a “fault” or “no-fault” category. Note that ‘fault divorces’ mean that one spouse caused the divorce to happen whether due to mental illness or failure to perform marital duties. ‘No-fault divorces’ are far more common, meaning that neither spouse is blaming the other and instead declares simple incompatibility.  

What Is the Process of an Uncontested Divorce?  

The uncontested divorce process will look slightly different for each couple since every case is unique. Some couples will be able to work through all the relevant issues on their own and may only need the services of a family law attorney to draw up their decisions before submitting them to the court. If the couple needs assistance, they may choose to use a lawyer in the role of a mediator to help keep conversations on track and help the couple come to an agreement. 

Whatever method is chosen, it will typically end by drawing up a joint petition and submitting it to the court with the required fees. 

What Are the Benefits of an Uncontested Divorce?  

Regardless of whether a separating couple has trouble communicating or if they’re on relatively good speaking terms, they still may wish to pursue an uncontested divorce for a few key reasons. 

• Cost savings: One of the biggest advantages of an uncontested divorce is that it’s almost always less expensive than a contested divorce. You still will likely have legal fees, but with a contested divorce, each spouse will need their own lawyer who will have to represent them in court. This takes plenty of preparation and financial resources. 

• Time: Another benefit of an uncontested divorce is that it’s often completed much faster than a contested divorce. An uncontested divorce could be completed in as little as a few months, while a contested divorce can take several months or even over a year to wrap up. 

• Reduced conflict: Lastly, an uncontested divorce is often more amicable and can make the entire process easier and less stressful—especially when there are children involved. The sooner you can get through this difficult period and with the least amount of conflict, the better the final outcome will be for everyone.