Phone: 913-257-3110
It’s been a very difficult time for many couples recently as we’ve all needed to spend more time indoors. All of those unexpected hours together can make for a very stressful environment, especially with all the other stresses in our lives. Previously happy couples may not be as happy, and if you’re one of those couples that was on the brink before, this has may have just made things much worse.
If your family, and your sanity, have no choice at this time but to face the reality of divorce, we can help. You can save thousands of dollars in legal fees with our flat-fee divorce package. This is called uncontested divorce and is described here in this article. Just so you know, we’ve been helping people with their divorces for over 10 years, and we can help you, too.
A Kansas City uncontested divorce will potentially save you thousands of dollars in attorney’s fees and legal expenses. However, it’s important for everyone to understand how this needs to work, or it could potentially end up being very difficult for all parties. Here’s the biggest point for the uncontested divorce to work properly: both parties must be 100% aware of all the conditions to this package and agree to it. If both of you are not completely committed to your agreement, or one or both of you change your minds after the process has begun, it will end up costing much more than you intended.
A Kansas City KS uncontested divorce, also known as a no contest divorce or agreed divorce, is a divorce that occurs when both spouses are in complete agreement over the outcome after the divorce is finalized. There can be no arguments over any part of the agreement, no matter how insignificant. All property, everything from real estate to household furniture, needs to be split in a manner that you are agreeable to – both of you 100 percent.
Many couples own a home together. It that’s the case, you agree with the outcome of the house and you’re both 100 percent ready to concede to the agreement. Any furniture, stocks and bonds, vehicles, cash, retirement accounts, collectibles, and anything else you own together must be split as evenly as possible. Although Kansas is not a Community Property State, an unfair portion going to one of the parties probably will not be approved. This means that you need to split everything you own as fairly as possible under the circumstances. Both of you must agree on what’s fair.
Divorcing couples can save a large sum of money on a flat rate divorce over the cost of a full blown divorce, by as much as 90%. How is that possible? The flat fee has a much lower cost than a regular divorce because multiple divorce lawyers aren’t getting involved with the process, motions and multiple hearings don’t need to filed for, and every little detail isn’t being argued and counter-argued against between all the parties and lawyers. Those costs add up very quickly and easily reach many thousands of dollars! Therefore, literally every agreement reached outside of court equates to money saved.
If you’re currently not ready to be in full agreement, it would be a time-saving and cost-saving idea to get there prior to filing for your divorce. You can save many thousands of dollars off the cost of that full-blown divorce if you can reach agreement.
You can still use our package if you have children among you, as long as the custody and parenting time can be fully agreed to (which essentially is lawyer speak for the days and times the children get to spend with each parent). If you think you can get there but aren’t quite there yet, then you may wish to consider continuing to work together toward a final agreement that will work for everyone, children included. If you can get there sooner, everyone will be that much better off.
You can make your parenting plan as basic or specific as you wish; just tell us all the terms you wish to include and we will draft your plan for you. However, there will be an additional cost if for some reason you decide you want to make changes after the plan has been prepared. You’ll know the price ahead of time because we base it on the amount of work that will be required to make your changes.
We get asked that question a lot! Of course, all the courts have their free legal forms that you can fill out and you can file them on your own. However, the free forms are bare bones and don’t take all matters into account. They also can quickly become overwhelming and confusing to fill out on your own.
In many cases, a divorce filing needs to be customized to the situation. The court forms don’t take many real-life situations into account. Because we have years of experience in divorce, we’ve seen many issues that can come up during the process. We specifically address those issues with our forms; issues that can substantially delay the divorce process and greatly increase the divorce legal costs. The financial costs can’t even compare in some cases to the added emotional grief from unexpected problems caused by not understanding how to address those issues in the first place.
Our documents walk you right through the process. They’ll help to prompt you so you can address everything that’s necessary for the best and most efficient outcome in your particular case. Here’s the question we’d like you to ask yourself: How much would you value spending a little more now that can help prevent you from having to spend potentially many thousands of dollars and/or years of hassle and frustration trying to fix something that was left out by mistake? Or even fixing an issue you didn’t think of ahead of time because no one told you?
We can save you thousands of dollars off the cost of a contested divorce, which can cost upwards of $10,000 or more if a case goes to trial. Our flat rate fee for an uncontested divorce without children is $1500 including filing fees. The flat rate cost for an uncontested divorce with children is $2500 including filing fees. NOTE: Filing fees are dependent on the county you’re filing in. This is the county where you reside. The cost for uncontested divorces with children is higher because additional documents are required.
If everything looks agreeable to you so far, then you should consider getting our divorce package because it will work out great for you. Here’s what to do next:
Individuals who desire a divorce in Kansas must meet the residency requirements of the state. To do so, one spouse must be a Kansas resident for at least 60 days prior to the divorce filing.
Kansas is a no-fault divorce state. No evidence of wrongdoing must be alleged or proven. It is only necessary to claim incompatibility with a spouse.
For a contested divorce, the filing spouse (called the Petitioner) files a Petition for Divorce in the District Court of the county you or your spouse resides. The non-filing spouse (called the Respondent) must then be served. Once served, the Respondent has the opportunity to answer the Petition and/or file a Divorce Counterpetition. YOU DO NOT HAVE TO DO ANY OF THIS. Our flat rate packages are for an uncontested divorce. You will sign the necessary documents to avoid the hassle and embarrassment of service.
After the Petition for Divorce is filed, state law requires 60 days to pass before a judge will hear or sign the documents to conclude the divorce. There is an exception when a Court finds an emergency, however, emergencies are rare and reserved for special circumstances.
A divorce is a complex matter and can cause a great deal of emotional distress. It can be difficult to negotiate a divorce settlement with a spouse whether or not children are involved. If you cannot reach agreements, or don’t want to represent yourself, a lawyer who is familiar with the nuances of Kansas divorce law is needed.
If uncontested divorce isn’t the right fit for you, we can still help. Sarah Carmody Law offers several different options, including coaching, mediation, and full representation.
Attorney Sarah Carmody is a family attorney who focuses in Kansas divorce law. If you or someone you know is facing a divorce and are in need of an attorney, call or text Sarah Carmody Law at 913-257-3110. You can also use this online contact form to contact Sarah Carmody Law.
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Contact the Overland KS Divorce and Mediation Attorneys at Sarah Carmody Law, LLC at 913-257-3110 today!
The Sarah Carmody Law, LLC provide legal services for families located in these areas: Shawnee, Overland Park, Olathe, Leawood, Mission, Kansas City, Lenexa and Johnson County. Let us help you today.
