Uncontested Divorce

Some may think this term is an oxymoron; however, it is a more efficient, affordable and peaceful way to dissolve a marriage. What is it? It is a divorce where both spouses agree on all aspects of custody, visitation, support, property settlement, payment of debts, attorney’s fees and any other related matters in your case. Uncontested divorce has become increasingly more popular during the last few years as many couples do not wish to fight a battle with their spouse or waste countless hours and money on a divorce. Here are some questions to ask yourself prior to speaking to an attorney about an uncontested divorce:

  1. Have both you and your spouse agreed that your marriage is broken and you both wish to obtain a divorce?
  2. Are you both comfortable with the knowledge you have concerning your family finances, including assets and debts?
  3. Are you and your spouse still able to clearly and calmly communicate with each other?
  4. Do you and your spouse agree on issues regarding parenting, such as child custody, parenting time and holidays?
  5. Do you and your spouse agree on the division of marital assets, debts and other property division?
  6. Do you want to save time and money with respect to your divorce?

If you answered yes to all of the questions above, then you would be a great candidate for an uncontested divorce. In most cases, I charge a flat fee for uncontested divorces, however, this fee varies depending on several factors, for example, if you have minor children, real estate or retirement accounts you wish to divide. Please feel free to email me or call me for a free consultation and quote for the cost of your divorce.

One of the main reasons people choose an uncontested divorce in because the process is easier and much more affordable than a traditional, contested divorce.  Ok, so you have passed the test, so how do I proceed with the process?

Uncontested Divorce Process for a Kansas Divorce

Since many of my clients file uncontested divorces, I have the process very streamlined.  We can communicate solely through email or we can meet in my office.  When we meet you will need to bring several items with you, or else we can exchange documents via email and pdf attachments, or by fax.  I have forms that you fill out to provide me all of the information I will need.  Below is a list of an example of information that will be required with respect to the property settlement.

  • Information regarding your mortgage – are both parties on the note?
  • Cars/Boats, etc – is loan in both names?
  • Bank Accounts – if they are not split already, how will they be split.  Need names of banks where accounts are held
  • Retirement Accounts – how will they be divided?  Where are they held?  What type of account is it? 401-K, IRA, etc.
  • Life Insurance – what type of policy? Who is the beneficiary?
  • Inheritance
  • Credit cards – need name of card, how much is owed and who will be responsible for what portion
  • Student loans
  • Medical bills

Also, if you have children we will need to discuss a detailed plan regarding the care, custody, visitation and support of the children.  There are many sample forms I can provide you and you can tailor a plan to fit your families needs.  Child support is calculated using software approved by the Courts.  If the parties agree, they can deviate from the amount suggested by the Kansas Child Support Guidelines.

What the law firm will do for you

Once you provide me the necessary information, I will draft all of the legal documents required for your divorce to be final.  I charge a flat fee for an unconstested divorce, and this fee will be set at the time of the initial consultation.  The fee varies depending on the complexity of your case, for instance, if you own real estate, have children, require retirement accounts to be split, etc. This flat fee will include:

  • the filing fee, which is currently $166.00
  • preparation of documents (Petition, Entry of Appearance, Domestic Relations Affidavit, Settlement Agreement, Decree of Divorce, Certificate of Dissolution of Marriage)
  • taking the documents to the courthouse to file
  • providing you pdf or hard copies of all documents
  • court appearances, if any

This streamlined process will save you and your spouse time and money and allow you to amicably end your marriage.  If you would like more information, or to contact me about an uncontested divorce in the Greater Kansas City Area, please click here for my contact information.