File for Divorce in Kansas
Learn about contested, uncontested, and the grounds for divorce from our trial-tested divorce attorneys
Divorce can be a difficult and emotional time for anyone, particularly if children or a significant amount of assets are involved.
To ensure that your best interests are secured and you understand all of the choices available to you, you need a dedicated Wichita divorce attorney willing to put in the time and effort.
Grounds for Divorce in Kansas, Fault or No-fault?
Kansas is primarily a no-fault divorce state, though it does still recognize fault divorces. With a no-fault divorce, you don’t need to prove that your spouse did something that caused the breakdown of your marriage. Instead, you only need to state that your relationship is irretrievably broken and that there’s no hope for reconciliation. This often helps divorce cases to be less contentious.
If you would like to file for a fault divorce, which attributes the end of your marriage to your spouse’s conduct, then Kansas recognizes the following as grounds for a fault divorce:
- Failure to perform marital duties
- Incompatibility due to mental illness or incapacity
If you file for a fault divorce, you will not only have to explain how your spouses’ actions broke your marriage, but you will also have to prove that their actions actually took place.
CONTESTED VS. UNCONTESTED DIVORCE
If you are seeking to file for divorce in Kansas, you need to know the key differences between a contested and uncontested divorce. Divorce is never easy, and no matter which type is filed, an uncontested divorce is generally a smoother and shorter process than contested. Still, there are plenty of reasons to pursue a contested divorce, especially if large amounts of financial assets are being dealt. It is critical that you know exactly the type of divorce you are filing, and our attorneys at Beall & Mitchell LLC can help.
What Is Contested Divorce?
A contested divorce in Kansas essentially means that both parties cannot come to an agreement of the terms of the divorce. Some of the common issues that couples may not agree on include:
- Child Support
- Distribution of Assets
If a contested divorce is to be filed, a court hearing will be mandatory. A judge will then make the final decision as to how the terms of divorce are finalized. Litigation can be common with this type of divorce, which may cause further emotional strain.
Contesting a divorce can be more money and time consuming, but sometimes it is the best option. It is not uncommon for those with high net worth divorces to seek this route because there may be hidden financial assets that can be uncovered. Additionally, some cases that may require a contested divorce are those with minor children or complicated estates.
What is Uncontested Divorce in Wichita?
When both parties mutually agree on the terms of the divorce, it becomes uncontested. These terms can include child custody, property distribution, and spousal support. Keep in mind, the terms don’t have to be fully agreed upon right away. Couples may mediate or negotiate throughout the process, which may ultimately lead to an agreement. Many people prefer this type of divorce because a court hearing is not involved.
Divorce can be a confusing time, especially with emotions running high. You may miss out on things that you are entitled to and will need legal assistance. Our attorneys at Beall & Mitchell have the experience needed to represent you to the fullest.
Finding the Right Approach for Your Divorce
There are several different ways to approach a divorce, including:
- Mediation: You and your spouse, each with an attorney, hire a third party to mediate your case and assist in the settlement of issues.
- Collaboration: You and your spouse work together with your lawyers to find a fair divorce solution and avoid court.
- A full court trial: Necessitated by some contested aspect of the divorce, your divorce settlement will then be decided by the courts.
How Can Beall & Mitchell LLC Help You?
We are committed to working with clients to find the most effective solution possible so they can move forward with the least amount of anxiety and stress about their situation.
Contact Beall & Mitchell LLC now to schedule a consultation with our Wichita divorce lawyer!
Our divorce lawyers in Wichita, Kansas can assist with:
- Child custody and parenting time arrangements
- Divorce litigation
- Valuating and dividing marital assets and properties
- Establishing child support
- Establishing alimony/spousal support
- Modifying orders
- DCF cases
Beall & Mitchell LLC can help you navigate the complicated family courts across Wichita and protect your best interests.
For a free 30 minute consultation,
contact our divorce lawyers in Wichita, Kansas at
(316) 842-4014 today!