Knowledgeable Wichita Lawyer Negotiates Uncontested Divorce
Experienced counsel focuses on your goals for the future
Not every divorce has to go to trial, and as any experienced lawyer will tell you, it’s best to avoid trial whenever possible. David A. Hawley, P.A. believes that if the circumstances are right, you can achieve your goals with an uncontested divorce, sparing you time, expense, and emotional turmoil. Drawing on more than 25 years of experience, I work aggressively to assert your rights in traditional negotiations or mediation, so you and your spouse can create a marital settlement agreement that gains court approval.
Personalized counsel throughout the uncontested divorce process
An uncontested divorce is one that doesn’t go to trial. There are several steps a party to divorce can take to achieve an uncontested divorce in Kansas:
- Consult a knowledgeable attorney — Uncontested divorce requires planning. An experienced attorney can evaluate whether you are a candidate for uncontested divorce by asking pertinent questions. For example, is there a history of domestic violence in your marriage? Do you have enough basic trust in your spouse that you can work cooperatively to dissolve your marriage? If you seem to be a candidate for uncontested divorce, your attorney can suggest how you might broach the subject to your spouse.
- Discuss the divorce with your spouse — Blindsiding your spouse with divorce papers can incite antagonism that makes uncontested divorce impossible. But when couples begin discussing their divorce in advance of filing, they lay the groundwork for a negotiated settlement. Some couples even finalize their marital settlement agreement before they file for divorce.
- File no-fault — Kansas law allows a married person to file for divorce on the basis of incompatibility. Filing no-fault means you don’t have to prove your spouse committed any wrongdoing to prompt the divorce.
- Enter negotiations or mediation — Parties meet with their attorneys to discuss how to resolve the ancillary issues of their divorce, including alimony, child custody, child support, and the division of their property. If this process produces a comprehensive settlement agreement, you can avoid any hearing on these issues.
- Present your marital settlement agreement to the court — Courts generally approve marital settlements provided the terms do not favor one party to the detriment of the other.
As your divorce attorney, I am determined to negotiate firmly to assert your parental and property rights. I have handled uncontested divorce cases since 1990 and have earned the respect of former clients for my strong advocacy on their behalf. Although it has become fashionable to use non-attorney mediators for marital settlements, that can be a very risky course to pursue. Non-attorney mediators may not be aware of the legal implications of certain arrangements. They might also overlook attempts by one spouse to hide assets from the other, a tactic that an experienced attorney should instantly recognize. Non-attorney mediators usually recommend that their clients take their settlement agreements to an attorney before committing to it. I recommend starting with an attorney, so you won’t make costly mistakes that could haunt you for a very long time.
Contact a knowledgeable family lawyer for uncontested divorce in Wichita, KS
David A. Hawley, P.A. helps clients throughout Wichita achieve uncontested divorces on favorable terms. Call me today at 316-469-6809 or contact me online to arrange a consultation. My office is in the Hayford East Building at 129 East 2nd Street, in the heart of Old Wichita.