Attending To A Divorce Case With An Attorney In Junction City, KS

by | Jan 14, 2016 | Lawyers

Kansas petitioners must begin their divorce case by filing an official motion through the court. This motion allows the court to notify their spouse via delivery through law enforcement or an officer of the court. The defendant has a limited window of time to respond to this petition. An Attorney In Junction City KS helps the petitioner start these processes.

What Grounds are Used in Kansas?

In Kansas, no-fault grounds include incompatibility. This ground indicates that the couple couldn’t continue the marriage due to a failure to accommodate marital obligations. They may have differing lifestyles or long-term goals. By using this ground, the parties aren’t blaming each other for the breakdown of the marriage.

The no-fault grounds used in the state consist of a failure to fulfill expectations of the marriage and mental illness. These conditions must exist throughout the marriage. If mental illness is the cause of the separation, it must exist for at least two years to be used as the divorce grounds. The petitioner must secure medical evidence of this condition.

How to Avoid a Contested Divorce

The most effective way to avoid a contested divorce is to reach an agreement quickly. By using no-fault grounds, the petitioner isn’t required to submit evidence to support their claim. The defendant may resist the need to contest if they aren’t blamed for the failure of the marriage. Equally, the parties must agree to all terms of the divorce to avoid a contest. If they cannot achieve an agreement, the next step is mediation.

Is a Protection Order Necessary?

A protection order is necessary only if domestic violence is present. These orders prevent further contact between the parties and protects victims from further injuries. Any violation of the order could result in an arrest and formal charges.

Kansas petitioners should utilize an agreement that won’t cause significant issues if possible. A compromise for property division and child custody could help these parties avoid mediation or a divorce trial. If they cannot reach an agreement, a divorce trial could take up to two years to finalize. Petitioners who need assistance should hire an Attorney Junction City KS by contacting Oleen Law Firm or visit the website for further details.

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