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If My Spouses Agree on Terms for Divorce Will the Court Contest It?

If My Spouses Agree on Terms for Divorce Will the Court Contest It?

Full question:

My husband and I are seeking and uncontested divorce. We have agreed to everything in our petition including My husband taking custody of our 9 year old son and I taking custody of our 6 year old daughter. Will a judge honor our request and grant the divorce as is? Or, will it be disputed?

Category: Divorce
Date: 04/07/2025
State: Kansas

Answer:

As long as the terms you agreed upon are fair and were entererd into freely and knowlingly, there shouldn't be a problem. The court may approve a valid separation and property settlement agreement and incorporate it into the divorce decree if the agreement is free from fraud or undue influence and if it is fair and equitable. When the parties are in agreement on the terms, much expense can be saved.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When you know it's time to divorce?

Knowing it's time to divorce often comes from ongoing unhappiness, lack of communication, or unresolved conflicts. If you and your spouse have tried to reconcile but continue to feel disconnected, it may be time to consider divorce. Additionally, if there are significant differences in values or life goals, or if there is abuse, these are strong indicators that divorce might be the best option for both parties.

Do I have to appear in court for an uncontested divorce?

In many cases, you may not need to appear in court for an uncontested divorce if both parties agree on all terms, including custody and property division. However, some states require a brief court appearance to finalize the divorce, where a judge will review the agreement. Check your local court rules to confirm what is required in your state.

How to deal with pending divorce?

Dealing with a pending divorce can be challenging. It's important to stay organized by keeping all documents related to the divorce in one place. Communicate openly with your spouse about the process and any agreements. Consider seeking support from friends, family, or a therapist to help manage emotional stress. Lastly, consult with a legal professional to ensure you understand your rights and obligations during the divorce.

How to divorce when you have kids?

Divorcing with children involves additional considerations, especially regarding custody and support. It's crucial to prioritize the children's well-being and maintain open communication with your spouse about parenting arrangements. Create a parenting plan that outlines custody, visitation, and support. Mediation can be helpful in reaching agreements. Always seek legal advice to ensure that your rights and your children's best interests are protected.

How to get divorce when you have kids?

To get a divorce when you have kids, start by discussing custody and support arrangements with your spouse. You may need to file a petition for divorce in your state and include your proposed parenting plan. Courts generally prioritize the best interests of the children, so be prepared to demonstrate how your arrangements support their well-being. Consulting with a family law attorney can help you navigate the process effectively.