Contested vs. Uncontested Divorce: Which One is Right for Me?

When both spouses are no longer a good fit for each other, getting a divorce may be the ideal option. According to statistics from the Kansas Department of Health and Environment, there were 6,303 divorces and 95 annulments statewide in 2019. Divorce is usually an emotional experience and can have a significant impact on your family, children, finances, and assets. However, getting proper guidance and experienced representation from a knowledgeable Kansas family law attorney can help you move forward confidently.

Roth Davies LLC has the experience and resources to assist and guide individuals and families through the complexities of divorce proceedings. As your attorney, Mr. Davies can help you understand your divorce options, enlighten you about the benefits and drawbacks, and guide you toward a fair resolution. Attorney Brandan J. Davies and his legal staff can offer you the reliable advocacy and support you need to resolve divorce issues amicably and help you move forward quickly. The firm is proud to serve clients in Overland Park, Kansas, and surrounding areas in Johnson County.

What is an Uncontested Divorce?

An uncontested divorce refers to a situation whereby both spouses agree to all the key terms and conditions of the divorce. In an uncontested divorce, both parties are able to resolve key divorce issues amicably, including asset division, spousal support, child custody, child support, tax deductions, and parenting time. Therefore, it is considered a cheaper and more peaceful form of divorce in Kansas.

The Uncontested Divorce Process

To initiate an uncontested divorce in Kansas, you and your partner must resolve or mutually and completely agree to all divorce issues in your case. When both spouses meet to negotiate or discuss key issues, all details of the agreement must be properly documented. The agreed-upon terms or formal settlement agreement will be filed with the Kansas courts for official approval.

The judge will review the settlement agreement and ensure that it is fair and in the best interests of the children. Once the settlement agreement has been approved, a divorce decree can be established during the final hearing, and the divorce process is finalized. An experienced attorney can help protect your best interests and keep the conversation productive.

What is a Contested Divorce?

Conversely, a contested divorce refers to a situation in which the spouses are unable to resolve one or more key divorce issues and require court intervention. In a contested divorce, the spouse seeking divorce will be required to file the divorce papers and serve them to the other spouse. A judge will make the final divorce decisions through the court process.

The Contested Divorce Process

Here are the steps involved in getting a contested divorce in Kansas:

  • Prepare and file the divorce petition at the court
  • Serve the other spouse with the divorce petition
  • Respond to the divorce petition
  • Go through the divorce discovery process before trial. This may include oral depositions, subpoenas, written interrogations, requests for written admissions, and document inspection.
  • Attend the pre-trial hearings
  • Propose a settlement or negotiate with the other spouse
  • Prepare for trial if a settlement isn't productive
  • Complete the court trial, and receive a divorce decree finalizing the divorce

If you dispute the trial judge's decision, however, you can file an appeal. A knowledgeable attorney can help present your case diligently in court and improve your chances of achieving a favorable outcome.

Which Kind of Divorce is Right for Me?

Determining what divorce option is right for you will depend on your unique situation, needs, and other circumstances.

An uncontested divorce may be right for you if:

  • You want a less expensive and less stressful divorce
  • You want faster resolution of marital issues
  • You believe there is possibility for forgiveness and healing
  • You want to move forward quickly while eliminating the likelihood of grudges or bad blood

Conversely, pursuing a contested divorce may be the ideal option if:

  • You and your spouse can't agree on their divorce issues and need a judge to make such decisions for you
  • You believe your spouse is concealing assets from you
  • You disagree with the co-parenting arrangements and want the best interests of your children
  • Your partner denies your request for alimony or spousal support
  • There is abuse in your marriage
  • Your spouse has unrealistic expectations, or they are unwilling to compromise

In either case, hiring an attorney is crucial to protect your legal rights, your family's best interests, and your future. You deserve detailed legal guidance to help you navigate these important decisions.

Experience You Can Trust: Roth Davies LLC

Filing for divorce in Johnson County can involve many complications and frustrations. Understanding your legal options is important to protecting your rights and avoiding costly mistakes. Whether you are filing for a contested or uncontested divorce, Attorney Brandan J. Davies will walk you through every phase of the divorce proceedings and help you navigate this emotional time.

Contact Roth Davies LLC today to schedule a simple case assessment with an experienced divorce attorney. Attorney Brandan J. Davies and his legal staff can offer you the comprehensive and compassionate advocacy you need to settle matters of property division, alimony, child custody, child support, and more. The firm proudly serves clients in Overland Park and throughout Johnson County.

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