Learning Proper Procedures Through Family Divorce Attorneys In Hutchinson, KS

by | May 9, 2014 | Lawyer, Lawyers and Law Firms

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Under Kansas State Statutes-Chapter 60-Article 16, any individual who wishes to file for a divorce must fulfill the sixty-day residency requirement. Any petitioner who fails to provide evidence of this requirement is subject to a dismissal of their case. This includes military personnel which are residing in the area due to duty assignment or personal preference. Anyone who wishes to file this petition should contact Family Divorce Attorneys in Hutchinson KS to ensure that this requirement is fulfilled properly.

 

The Grounds for a Divorce in Reno County

 

Divorce grounds identified in Reno County in which fault is not assigned is listed as incompatibility. To establish fault, the petitioner must possess proof of a failure on their spouse’s part to fulfill marital obligations or possession of a mental illness that produced incompatibility. If mental illness is utilized as fault grounds, the petitioner’s spouse must be remanded to a mental institution for a period of no less than two years, and the court must identify the illness.

 

Notification and Answer

 

The defendant has a period of no greater than thirty days to respond to the divorce petition after he or she is served. A failure to respond could result in a default judgment. If the judge grants this motion, the defendant waives any claim to the marital property and child custody assignment.

 

If the defendant chooses to contest the divorce, he or she must file a motion through an attorney. The petitioner’s attorney may make attempts through negotiations to settle the divorce out of court. If this is impossible mediation is initiated. If mediation is unsuccessful, a trial is scheduled upon availability. A contested divorce could take up to two years to complete based on the size of the marital estate.

 

When a divorce trial is necessary, the attorneys may conduct discovery procedures to establish if either spouse has hidden assets or accounts in which their spouse is unaware. If a fault is identified, the petitioner must provide clear evidence to the Pima County civil court.

 

The judge makes all final decisions; the child custody case is held at a later time after the conclusion of the divorce case. Anyone who requires Family Divorce Attorneys in Hutchinson KS may contact Oswalt, Henry, Oswald and Roberts for further assistance.