FAQ: How to File an Uncontested Divorce

What is an Uncontested Divorce in Kansas City?

An uncontested divorce is when both spouses agree on all significant aspects of their divorce, including asset division, child custody, child support, and spousal support arrangements. This agreement typically results in a faster, less expensive, and less stressful divorce process. Knowing how to file for an uncontested divorce in Kansas City may help you decide the best course of action for your personal situation.

What are the Benefits Of an Uncontested Divorce?

One of the significant advantages of an uncontested divorce is the substantial time savings compared to a contested divorce. In an uncontested divorce, both parties agree on all major issues, and this mutual agreement streamlines the divorce process significantly.

Since there is no dispute to resolve, uncontested divorce in Kansas City bypasses many of the time-consuming stages of a contested divorce. There is no need for prolonged court battles, multiple hearings, or extensive discovery processes. The paperwork is more straightforward and can be filed more quickly, allowing for a more expeditious legal resolution.
Another benefit of pursuing an uncontested divorce in Kansas City is that the couple often only needs to attend a brief court hearing, if at all. Many jurisdictions allow for uncontested divorces to be finalized with minimal court appearances, sometimes only requiring a final appearance for the judge to review and sign the marital settlement agreement. This reduced court involvement further accelerates the process, and reduces expected costs for an uncontested divorce in Kansas City.

Negotiations in uncontested divorces tend to be more efficient. With both parties in agreement, there is less back-and-forth and fewer delays caused by disputes over various terms. This cooperative approach facilitates faster resolution of any minor issues that may arise, keeping the overall timeline on track.

Once all necessary documents are submitted and reviewed, the final divorce decree is typically issued much sooner in an uncontested divorce. This expedited finalization of uncontested divorce in Kansas City means that both parties can move on with their lives more quickly, avoiding the prolonged uncertainty and stress that often accompany contested divorces.

What Are The Requirements To File an Uncontested Divorce in Kansas City?

Before you file for an uncontested divorce or any type of divorce in Kansas City, you must meet the specific residency requirements. The requirement is that at least one spouse must have lived in Kansas for at least 60 days or 90 days in Missouri before you file for an uncontested divorce.

In addition to meeting the residency requirement, to file for an uncontested divorce in Kansas City also requires the following:

• Agreement: Both spouses must agree on all key issues, including property division, child custody, child support, alimony, and the grounds for the divorce.
• Documentation: The proper legal forms must be completed and filed with the court.

What Steps Are Involved To File For an Uncontested Divorce in Kansas City?

Preparing To File For an Uncontested Divorce

The first step to file for an uncontested divorce in Kansas City is for the spouse who initiates the divorce (known as the petitioner) to select the proper documents for their Kansas City divorce. In Kansas, there is a separate set of divorce forms for those with children involved and for those without children involved. The petitioner will need to file the correct documents with the correct courthouse, which is something that an experienced divorce attorney can help guide you through.

Serving Your Spouse

It is important to verify that the responding spouse receives the divorce documents from the petitioner. Typically, the petitioner will serve documents to the respondent through a sheriff’s deputy, certified mail, or a process server.

Awaiting a Response

Once your spouse receives the divorce petition, they must respond to the petition and indicate their agreement with the terms outlined in the uncontested divorce. In Kansas, the respondent has 21 days from when they received a certified copy of the documents to respond to the petition for divorce.

Preparing For The Final Hearing

The court clerk will assign a final hearing date upon confirmation that the respondent has received the papers they were served. Regardless of how smooth your uncontested divorce in Kansas is, there is still a 60-day waiting period that applies to all divorces in Kansas. The quickest you could get a final court date is 60 days after the filling of the divorce petition.

While in the 60-day waiting period, the petitioner should mail the notice of the final hearing date to the respondent, and make sure that the decree of divorce is sufficiently and accurately completed.

Attending Your Final Hearing

At your final hearing for an uncontested divorce in Kansas, a judge may ask you to testify to questions about the settlement agreement you and your spouse submitted to the court. An experienced divorce attorney can help you prepare for testifying at the final hearing, but you should be prepared to answer questions related to:

• The submitted Decree of Divorce
• Income verification paperwork
• The Kansas child support worksheet (if applicable)
• Parenting Plans (if applicable)

A judge may not require you to testify and may sign the final divorce order without testimony as long as the agreement is fair and in the best interest of the children.

How Long Does an Uncontested Divorce Take in Kansas?

The timeline after you file for an uncontested divorce in Kansas can vary but typically ranges from 60 to 90 days, depending on the court’s schedule and whether all paperwork is correctly submitted.

Can We File For an Uncontested Divorce If We Have Children?

Yes, you can file for an uncontested divorce in Kansas if you have children, provided you and your spouse agree on child custody, visitation, and child support arrangements. The court will review your written agreement to ensure it serves the best interests of the children.

What If We Change Our Minds After We File For an Uncontested Divorce?

If you and your spouse cannot agree on all issues after you file for an uncontested divorce as is required in Kansas, your divorce may become contested. At this point, seeking legal advice to navigate the complexities of a contested divorce is strongly advised if you have not done so already. Even if there are a few elements of the divorce that you and your spouse cannot agree on, a collaborative approach (such as the use of mediation) to a contested divorce can still bring some of the benefits seen in an uncontested divorce.

Do I Need an Attorney For An Uncontested Divorce?

While an attorney is not required for an uncontested divorce in Kansas City, having an experienced divorce attorney can help ensure that all legal documents are correctly completed and filed, protecting your rights throughout the process.

If you need to file for an uncontested divorce in Kansas City, it can be a straightforward process when both parties agree on all major issues. Kansas Legal Group is here to assist you through every step, ensuring a smooth and efficient experience. If you have any further questions or need personalized legal advice, please contact us or call us at (913) 456-5738 to schedule a consultation.