Divorce Attorney in Overland Park, Kansas

Divorce is a difficult process, and the laws surrounding it vary from state to state. It is important to understand the specifics of divorce in your state before beginning this process.  

If you are considering ending your marriage or are already going through the divorce process, contact a skilled divorce attorney in Overland Park, Kansas, to ensure that your best interests are cared for. The divorce attorney at Jeffers Law Office can help you better understand your rights and responsibilities and walk you through all stages of the divorce process.  

With an office in Overland Park, Jeffers Law Office also serves individuals and families throughout Johnson County, including Leawood, Olathe, Shawnee, and Lenexa. Call the firm to schedule a free phone consultation with Attorney Jeffers today.

Divorce in Kansas  

Broadly speaking, divorces in Kansas can be divided into two categories: contested and uncontested.  

1. Contested divorces. In the simplest terms, contested divorces are those that require court involvement because one or both parties do not agree on certain issues, such as the division of assets or child custody.  

2. Uncontested divorces. On the other hand, uncontested divorces involve two parties who have already agreed on these issues with no need for judicial intervention.  

In Kansas, an uncontested divorce can be completed faster and with less stress than a contested one. However, an uncontested divorce may not be an option if you and your spouse are embroiled in a highly contentious divorce.  

Eligibility to File for Divorce in Kansas  

There are certain eligibility requirements you must meet in order to file for divorce in Kansas. First of all, you must meet the residency requirements in the state in order to file a petition for divorce. The law requires at least one of the spouses to be a resident of Kansas for a minimum of 60 days before the filing date.  

Once you meet the residency requirement, you must also make sure that you file for divorce in the appropriate district court. Under Kansas law, you must file a petition for divorce in the district court where either you or your spouse reside at the date of filing.  

Grounds for Divorce in Kansas  

In Kansas, there are several grounds for divorce — fault-based and no-fault-based. Fault-based grounds include mental illness/incapacity and failure to perform a material marital duty, while no-fault divorces are based on incompatibility between the two spouses.  

In order to file for a fault-based divorce, you must provide evidence that these conditions exist. Otherwise, your divorce will be considered no-fault. There are several advantages to seeking a no-fault divorce, including: 

• You do not need to show that your spouse was to blame for the end of your marriage; 

• Your divorce case may avoid many of the legal and attorney fees associated with fault-based divorces; and 

• No-fault divorces typically resolve faster than fault-based divorces.  

However, there may be situations where a fault-based divorce is more appropriate and advantageous, which is why you might want to discuss your unique case with an experienced divorce attorney before filing a petition for divorce.  

How Long Does a Divorce Take?  

The timeline of a divorce varies greatly depending on whether it is contested or uncontested, as well as other factors such as whether or not children are involved and if any property needs to be divided between the parties. On average, however, an uncontested divorce will usually take up to six months from filing until the final decree is issued by the court. A contested divorce could take anywhere from six months up to two years, depending on how complicated matters become during litigation.   

Do You Need a Divorce Attorney?  

Having an experienced attorney is essential when going through any type of legal process like a divorce, especially if it is contested or involves complex financial matters and child custody issues.  

An attorney can provide invaluable guidance throughout each step of the process and help ensure all paperwork is filed correctly so that you do not make costly mistakes that could negatively affect your case down the road. They also serve as an advocate in negotiations between you and your spouse’s attorneys and can help ensure that your rights are protected at all times throughout this challenging process.