Filing for divorce? Here’s what to expect at Wagle & Turley
A divorce action is initiated by filing a Petition with the District Court. A Temporary Order is generally filed with the Petition. In addition, this Order will govern the case until the case is concluded or the Temporary Order is modified. After the Petition and Temporary Order are filed and served on the other party, he or she will have twenty days to file a response with the Court.
In many cases, our divorce lawyers must conduct what is known as discovery to ascertain information about the case. Discovery generally takes the form of written questions to the other party, requests for production of documents, depositions and subpoenas. These measures are aimed at determining the fitness of the other party as a parent, the value of the marital assets and debts, and any and all other matters relevant to the divorce action.
After discovery is completed (if it is necessary), the divorce case will be concluded in one of two ways: through a settlement, or with a trial before a judge of the District Court. However, our Wichita divorce lawyers attempt to settle all cases.
We also understand that litigation is sometimes necessary if the other party has taken an unreasonable position. In the event your case leads to a trial, our divorce lawyers are experienced litigators who will aggressively advocate your position in court.
In Kansas, most divorces are granted on “no fault” grounds. For example, incompatibility. To clarify, this means that virtually everyone is entitled to a divorce if they seek it, and spouses are generally not penalized for their behavior during the marriage.
In addition to the actual divorce, several other matters are adjudicated within a divorce action. This includes: child custody, child residency, child support, spousal maintenance (alimony), and property and debt division. Our divorce lawyers have the skill and experience to assist you with these and other matters relevant to your divorce action.
For a general overview of the divorce process or answers to some frequently asked questions about divorce, please visit our Resources page.