Wichita Divorce Lawyers
Helping Clients Through Contested & Uncontested Divorce in Kansas
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.
Is Kansas a No-Fault Divorce State?
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.
What are the Divorce Laws in Kansas?
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 such as engaging in sexual relations
- Incompatibility due to mental illness or incapacity
A judge will not grant your divorce based on incompatibility due to a mental illness unless you can provide:
- That your spouse has been confined to a mental institution for a duration of 2 years or more. This duration does not have to be continuous.
- That the court has determined your spouse to be mentally incapacitated. The court usually determines this by appointing multiple doctors for an evaluation.
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.
Is there another alternative to divorce in Kansas?
The state of Kansas does offer another method to divorce, legal maintenance (separation). To obtain a divorce based on legal separation, the grounds include 1) incompatibility 2) failure to perform a marital duty 3) incompatibility. Keep in mind, legal separation does change your marital status, however, the law will still view you as married.
Is Kansas a 50/50 Divorce State?
Kansas divides property via equitable distribution. This means that property is divided by what is determined to be fair and equitable, not 50/50. Certain factors that will help a judge determine this include:
- The age and health of each spouse
- The contributions made during the marriage by each spouse
- The earning capacity of each spouse
- The tax consequences involved with the division
- The manner in which the property was acquired
Division of property also includes any debt acquired during the marriage. There are two types of marital debt:
- Any debt connected to an asset such as a home mortgage
- Unsecured debt such as credit cards
What Is Contested Divorce in Kansas?
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 the 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 Kansas?
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.
The Uncontested Divorce Process
To petition for divorce in Kansas, both parties must have resided in the state for at least 60 days. You will apply in the District Court of the county in which you both live.
An uncontested divorce is the simplest practice. This is where both of you will come to an understanding about how your property will be divided and, if you have children, how they will be cared for.
In the case of an uncontested divorce, a marital agreement specifying the distribution of assets and custody will be one of these documents. These records are filed with the court, and the spouse receives a copy. You will appear in court, where the judge will check all of your paperwork, ask a few questions, and submit your Divorce Decree.
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 divorce 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 our Divorce lawyers in WICHITA Help You?
Our Wichita divorce attorneys 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.
Our law firm 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 fifteen minute consultation,
contact our divorce lawyers in Wichita, Kansas at
(316) 842-4014 today!