Kansas City Divorce FAQ's
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Clarifying a common question that can be confusing to people unfamiliar with a family law consultation. In a free consultation a lawyer can not ethically offer specific legal advice. When people meet with me they need specific information to help their situation.
Legal separation and dissolution of marriage (Divorce) are identical in all respects except that when the Judgment is issued, the parties still are married.
This is a rarely used alternative to a dissolution of marriage and only is used if there is a real likelihood of reconciliation or if the parties want to stay married for religious reasons, insurance reasons or some other reason.
The spouse who starts the dissolution case is called the petitioner.
The spouse on the other side is called the respondent. The petitioner has to tell the court in a written “petition” what the case is about, who the case is against, and what outcome (known as relief) is wanted.
When both parties know they want a divorce, and can agree in general terms about the desired outcome, an uncontested divorce is possible.
In the case of an uncontested action, Anthony can represent one party and file a joint petition. A joint petition resolves the entire case without requiring a court appearance.
On the other hand, if the parties wish to be involved in a settlement process but it is uncertain whether the case will actually settle, then our office would file a complaint, an answer in proper person, a decree of divorce and a request for a summary disposition so that the matter can be resolved outside of court.
We are very skilled with uncontested divorces, helping people reach a fair and amicable solution without going to court.
Although there are paralegal services that can provide uncontested divorce filings at a lower cost, when you retain Moreno Law, LLC your case will be handled by an experienced attorney, from the settlement to the finalization of paperwork.
Our advantage? We are experienced. Because of this experience we know which issues have a potential for divorce litigation in the future and we are here to assure that your case is handled correctly.
We design your decree with provisions that equally protect both parties, which in turn lessens the likelihood of future (costly) litigation.
Divorces are generally split into two categories, with one representing amicable or uncontested splits, and the other referring to divorces that are simply more contentious and more complex.
A contested divorce typically involves a central disagreement about one or more parts of the split, and can include property disputes, child custody disagreements, a disagreement concerning the reason or grounds for the divorce, or financial disagreements that might concern child support, alimony, or shared debts and their resolution through legal proceedings.
A contested divorce is, as one might expect, typically a longer and more drawn out legal procedure that one that is pursued amicably and is resolved in an uncontested manner.
Uncontested divorces are common and, with sound legal assistance and representation, they can still be brought to a close within a reasonable amount of time.
Personal service of the summons may be made by the sheriff in the county where the party being served resides.
In some areas personal service by a private process server is also available.
The circuit clerk will prepare the summons to be served by the sheriff or the private process server.
In order to encourage parents to think about the issues involving their children as early in the divorce process as possible, the law now requires that each party file a “Parenting Plan.”
At the time of the filing of their first pleading, initially, each party proposes how he or she feels that major issues should be handled.
A typical Parenting Plan includes provisions regarding custody, visitation, holidays and summer vacations, pick-up and delivery, moving away, child support and payment of other expenses, health insurance and mediation.
During the divorce process the final terms of a Parenting Plan are negotiated. It is very similar to the “joint custody plan” that we used to file except that now we file it even when sole custody is sought.