If you have a good attorney, the uncontested divorce process should be very streamlined. Meetings with your attorney may take place in their office, but much of the communication can be done via email. At your first meeting, your attorney should ask you to bring several items with you. Below are some examples of information that your attorney may require 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?
Credit cards – need name of card, how much is owed and who will be responsible for what portion
Information regarding student loans, loan holders, balances, etc.
If you have children you and your attorney will need to create a detailed plan regarding the care, custody, visitation and support of the children. In regards to child support, payments are calculated using software approved by the Courts. If both parties agree, they can deviate from the amount suggested by the Kansas Child Support Guidelines and set their own amount.
Fees and Filing
Once you provide the necessary information, your attorney will draft all of the legal documents required for your Kansas divorce to be finalized. Fees for an uncontested divorce vary and are figured based on the complexity of your case, for instance, if you own real estate, have children, require retirement accounts to be split, etc. Some attorneys charge by the hour and some charge a flat fee. Your fee should be set at the time of the initial consultation and should cover:
The filing fee, which is currently $166.00 in Kansas
Preparation of documents (Petition, Entry of Appearance, Domestic Relations Affidavit, Settlement Agreement, Decree of Divorce, Certificate of Dissolution of Marriage)
Filing documents at the courthouse
Hard copies of all documents for both parties
Any court appearances
The uncontested divorce process will save you and your spouse time and money and allow you to amicably end your marriage. If you would like more information, you can contact me about an uncontested divorce in the Greater Kansas City Area.