If you have decided that divorce is the only course of action left to you, there is a good chance you have already exhausted multiple attempts to fix things, such as marriage counseling or a trial separation. Things get even messier when the divorce is contested, which happens when spouses disagree on aspects of the divorce. A Kansas divorce lawyer can assist you in making a plan for your contested divorce.

What Is a Contested Divorce?

A contested divorce is effectively the worst-case scenario for a divorce. In this situation, both partners are unable to work things out amongst themselves. They have failed to reach an agreement on anything moving forward, including child custody arrangements, asset division, alimony, or child support. It could be one sticking point or many, but the end result is the same. It will largely be up to the Kansas court system to decide on these important issues for them.

Contention may even begin when one partner tells the other that they want a divorce. The other partner may not even want a divorce and plans to make things as difficult for their partner as possible. This may be done out of self-preservation, fear, or even spite. Contested divorces often take considerably longer than uncontested divorces because everything has to be considered and decided on by the court.

The Contested Divorce Process in Kansas

Both forms of divorce begin with filing a petition for divorce, but the steps in a contested divorce are more complex and sensitive than those in an uncontested divorce. You may want to prepare for a lengthy and emotionally stressful legal battle ahead of you. Here are the steps for pursuing a contested divorce in Kansas:

  • Filing the Petition: First and foremost, you need to file a petition for divorce to get the process started. The petition will name the two parties involved in the divorce. At least one spouse must have been a Kansas state resident for at least 60 days prior to filing for divorce, and at least one party must live in the county in which the petition is filed.
  • Domestic Relations Affidavit: The DRA is a required document that you will prepare with your lawyer’s assistance. It lists all the relevant financial information, marital assets, and liabilities that are involved in your divorce. You should include any children you have, their ages, your income, monthly household expenses, real estate ownership, retirement accounts, and more.
  • Serving Your Spouse: When filing for divorce, the filer is called the petitioner, and the one being served is the respondent. Once the respondent has been served with the divorce petition, they generally have 21 days to respond to it. The respondent will be served one of three ways:A process server, a sheriff’s deputy, or a voluntary entry of appearance. Depending on your situation, this could get messy and embarrassing.
  • Pretrial Motions: There are many different kinds of pretrial motions that either your lawyer or your spouse’s lawyer could file during a pending divorce. These include motions for temporary orders, motions to compel discovery, motions for lawyers’ fees, and more.
  • Trial: Finally, your divorce will go to trial and be decided before a judge, never a jury. Both sides will have the opportunity to argue for what they feel they deserve in the divorce and provide evidence that backs up their claims. A judge will decide to grant the divorce and determine who gets what.

FAQs

Q: What Are the Pros and Cons of a Contested Divorce?

A: Like any major life decision, there will be positives and negatives to proceeding with a contested divorce. One of the positives may include the inclusion of a third party to decide the facts using basic logic and a total lack of emotional connection to the marriage. On the negative side, a contested divorce can be considerably more expensive and time-consuming than an uncontested divorce.

Q: How Long Will My Contested Divorce Take?

A: There is no telling how long your contested divorce will take. Every divorce case is different, with each case having its own set of details and circumstances that make it unique. You need to take certain factors into consideration, such as the total value of marital assets being divided, whether or not there are children involved in a lengthy custody battle, and the willingness of both parties to compromise. It could take a while, depending on the case.

Q: Can You Withdraw Your Divorce Petition?

A: Yes, you can always withdraw your divorce petition if you and your spouse decide you want to work things out after all. If the spouse who filed for divorce initially requests a voluntary dismissal before the other spouse is able to respond, you can stop the divorce without a judge’s approval. If the other spouse responds, both parties have to agree together to stop the divorce proceeding.

Q: What Are the Grounds for Divorce in Kansas?

A: There are three primary grounds for divorce that you can pursue in Kansas. These include:

  • Incompatibility: This is a no-fault ground that simply equates to irreconcilable differences. Both spouses cannot get along, and there is no way to save the marriage.
  • Failure to Perform Marital Duties: This can include adultery, abuse, or gross neglect of duty.
  • Mental Incapacity: If your spouse is diagnosed with severe mental illness and committed, you can pursue a divorce on these grounds.

Reach Out to a Divorce Lawyer Today

Dealing with a contested divorce can be an overwhelming and frustrating process. You may feel tired and worried about the future. An experienced divorce lawyer can help take charge of your case and help you fight for what you deserve. Divorce doesn’t have to be the end of your life. It could be the beginning of a new phase.

The legal team at Stange Law Firm understands how difficult a contentious divorce can get. We are here to help. Contact us to speak with a team member about a consultation. We can assist you in exploring your available legal options.