Divorce Uncontested Without Children 2017-09-06T04:09:44+00:00

DIVORCE UNCONTESTED

WITHOUT CHILDREN

An uncontested divorce without children is one where both parties have agreed or can quickly agree to a division of marital property and debts, alimony and temporary spousal support.  This is the least expensive type of divorce.  An uncontested divorce can be accomplished in just 31 days and may not require you to make an appearance in court.

If one spouse disputes the division of marital property or debts, alimony or temporary spousal support and they remain unable to reach an agreement, the divorce becomes contested and a trial will be necessary.

 

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In order for an uncontested divorce to be the right choice, it is important that both parties are treating each other fairly and neither party feels fearful of the other.  An uncontested divorce is not generally a good idea if the couples refuse to talk about the divorce process, there are significant assets or if one spouse refuses to be honest.

One attorney cannot represent both parties in an uncontested divorce.  However one of the two parties can have representation, while the other party can represent themselves.  The party represented by an attorney will have a clear advantage.

At first glance, it would appear that through an uncontested divorce, an attorney is representing both parties. However the Kansas Rules of Professional Conduct, which all attorneys in the State of Kansas state that a lawyer shall not represent a client if the representation of that client will be directly adverse to another client. That is, an attorney can only represent ONE spouse in a divorce. This spouse will almost always be the petitioner, as that is the party that does all the legal heavy lifting in an uncontested dissolution.

If there are disputes between the parties, the attorney must advise the non-represented party to seek legal advice elsewhere and hire an attorney to represent them as well.  It would be a violation for the attorney to offer the non-represented party legal advice.

While uncontested divorces are generally the cheapest options, they can also be very difficult to navigate.

Investing in an attorney is a very smart decision to ensure that you to have someone making non-emotional decisions during a very emotional time.  Whatever you do, make sure you are the party represented by an attorney.  Keep in mind you will be signing an agreement that is not reversible, once it is done…it is done!