What is the Divorce Process in Kansas?
No one looks forward to the end of their marriage, but when it is no longer working, the only way out could be a divorce. The process can be stressful, and you may need help figuring out where to start.
In Kansas, you or your spouse can file a no-fault divorce, stating that you’re no longer compatible or your marital differences are irreconcilable. You could also file a fault-based divorce petition if your spouse is mentally incapacitated or fails to perform their marital duties. How long it takes for the court to finalize the divorce depends on whether the marriage dissolution is contested or uncontested.
Working with skilled family lawyers in Overland Park can enhance the process while ensuring the most favorable outcome. After filing a divorce petition in Kansas, divorcing parties must wait 60 days before the divorce can be finalized. A divorce is considered final after a judge signs the decree of divorce, which is then filed with the Clerk of the District Court.
What Factors Affect the Time it Takes to Finalize a Divorce?
The time it takes for a judge to issue the final divorce order depends on the case’s circumstances. Divorce lawyers in Overland Park explain the following key issues that arise in divorce cases and which significantly impact the proceedings:
Whether the Divorce is Contested or Uncontested
If a divorce is uncontested, divorcing parties mutually agree on the divorce settlement terms. In that case, the divorce may be finalized once the 60-day waiting period is over.
You and your ex-spouse can present a signed written agreement to the court for the judge’s approval. Divorce lawyers in Overland Park can oversee the agreement to prevent mistakes. However, if the divorce is contested, a divorce decree won’t be issued until you reach an agreement. Alternatively, you may have to go to trial to have the court decide on the matters you can’t agree on, such as child custody, spousal support, and property division.
The Discovery Process
Once you file a divorce petition for a contested divorce, the court issues temporary orders to maintain the status quo until the final divorce decree is issued. With the orders in place, the discovery process begins, which entails:
- Requesting a production of documents by your ex-spouse. These include bank account statements, payroll, retirement account statements, loan accounts statements, business financial records, and other crucial records that prove what your spouse owns regarding assets and income. These are crucial in property division.
- Gathering and submitting the same kind of documents from your side and submitting them to your ex-spouse or their divorce lawyer
- Drafting a list of questions to which the other party should provide written sworn answers.
- Exchanging pertinent information to help your Overland Park divorce attorneys prepare the final draft settlement agreement. The document comprises the parenting schedule, residential custody plan, child and spouse support, and how to split the assets.
The discovery process can be tedious and complicated if one party is unwilling to cooperate, which can increase the time it takes to have the divorce settled. However, a successful discovery process reduces the chances of the case going to trial. You also have a higher chance of a favorable outcome if you work with experienced Overland Park divorce attorneys.
Kansas laws stipulate that only residents can file for divorce. You or your spouse must be a resident of Kansas for at least 60 days before filing the petition. The filing party must also live in the county where they file the petition, although courts may grant exceptions in specific cases.
If you don’t meet the residency requirements, your divorce attorneys in Kansas can provide legal guidance on other alternatives:
- Establish your residency by living in Kansas for 60 days before filing the petition.
- Request your spouse to submit a petition for divorce if they meet the residency requirements. The option would likely be viable in an uncontested divorce.
- Choose another state in which to file the petition. You and your spouse must fulfill the minimum requirements to file for divorce. Any of these options can take time to work with, ultimately affecting the time it takes to finalize the divorce.
Besides, navigating the nuances of each option can be challenging, so consider working with skilled divorce attorneys in Overland Park for legal guidance and support.
Complications of the Case
Various personal issues could complicate your divorce, resulting in a lengthier and more stressful process. If the divorce is contested, disagreements on the following issues can take center stage, making the process more complicated and time-consuming:
- Retirement accounts
- Minor children
- Large marital assets and debts
- Alimony requests
Availability of Judges
The court’s or judge’s availability also affects the time it takes to finalize a divorce. The divorce hearings may be far apart depending on the court schedules, the judge’s calendar, and the court’s docket. All these factors can take a toll on you, especially if you want to finish the process quickly to rebuild your life. Experienced family attorneys in Overland Park may be able to expedite the process since they understand how the system works.
A Skilled Divorce Attorney Guiding You Through the Divorce Process
The divorce process is sometimes a challenging affair, given the complexities that can surround the process, especially in contested divorces. Negotiating a favorable settlement agreement with an unwilling spouse can be stressful. However, skilled Overland Park divorce lawyers can help you explore the most viable options for a desirable outcome.
Barnds Law LLC hosts experienced and knowledgeable family lawyers who can help you handle your divorce case. Our team can assess your unique circumstances, evaluate the risks and options, and guide you through each step to establish a fair and equitable settlement as quickly as possible. Call us at 913-514-0909 to schedule a case strategy.