An Uncontested Divorce in Kansas

By Elizabeth Rayne

Although an uncontested divorce may be less stressful and time-consuming than a contested divorce, you must ensure that you follow the laws of the state to properly dissolve the marriage. An uncontested divorce means that the couple agree to end the marriage and agree on the terms of the divorce, including spousal support, property division, child custody and child support. Before a divorce settlement agreement is finalized in Kansas, the court must review the settlement agreement to ensure that it is fair for both spouses.

Although an uncontested divorce may be less stressful and time-consuming than a contested divorce, you must ensure that you follow the laws of the state to properly dissolve the marriage. An uncontested divorce means that the couple agree to end the marriage and agree on the terms of the divorce, including spousal support, property division, child custody and child support. Before a divorce settlement agreement is finalized in Kansas, the court must review the settlement agreement to ensure that it is fair for both spouses.

Requirements for Divorce

In order to get a divorce in Kansas, you must meet the residency requirement and show grounds for divorce. At least one spouse must have lived in the state for 60 days prior to filing for divorce. You must have grounds to file for divorce, which may be fault or no-fault grounds. Fault grounds place blame on one spouse for causing the divorce, typically for failing to fulfill a marital duty or obligation. A couple may also file for no-fault divorce, meaning that neither spouse is to blame but the couple is incompatible. An uncontested divorce may be fault or no-fault, so long as the couple agree to the grounds.

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Procedure

You may initiate the divorce proceedings by filling a divorce petition with the district court in the county where either you or your spouse live. After filing, you must serve a copy of the petition on the other spouse. The other spouse will have the opportunity to respond to the claims in the divorce petition. Additionally, the responding spouse may add his own request for spousal support. The court must wait at least 60 days from the day the petition is filed before finalizing the divorce.

Separation Agreement

If the divorce is uncontested and the spouses agree to end the marriage, they may sign a settlement agreement. The agreement includes provisions about spousal support, property division and, if applicable, child custody and support. When complete, the agreement is submitted to the court for review. Once approved, the court finalizes the divorce and the terms of the agreement become enforceable.

Hearing

In order to finalize the divorce, as well as the settlement, the court may schedule a hearing. Usually, at least one spouse must be present at the hearing. The court may require the spouse to bring certain documents, such as the divorce decree signed by both spouses, property division agreement, agreed upon parenting plan, lists of how debts will be divided between the spouses, and completed child support worksheets. Further, the spouse who attends the hearing must provide proof that she notified the other spouse of the hearing. The judge will approve the settlement agreement if he finds the agreement valid as well as equitable for both spouses.

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How to Get a No Fault Divorce in Arkansas

References

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Divorce Process in Georgia

Georgia state laws govern the process of divorce. The state has adopted “no-fault” divorce, meaning you do not need specific grounds to file a divorce petition, other than a claim that the marriage is “irretrievably broken.” A hearing in civil court will be necessary, however, and the state also has residency requirements for couples seeking a divorce.

What Happens After Filing for Divorce in Oregon?

When you file for divorce, you will complete a divorce petition. The petition asks for personal information about both you and your spouse, including your home address. In addition, you must include the terms of your divorce in the petition. For example, you will decide how to divide the marital property and child custody arrangements. Whether you and your spouse agree about the terms of your divorce will determine what occurs after you file for divorce.

Can a Judge Make You Sign Divorce Papers?

In days gone by, both spouses had to agree to a divorce in order to end a marriage, but that is no longer the case. Either spouse acting alone may pursue a divorce, and a court may grant that divorce without the consent of the other party. Therefore, a judge has no reason to force a party to sign divorce papers.

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