How do I pursue a divorce when there’s a no-contact order?
Trying to get him to sign divorce papers that he wanted, but he is a dangerous narcissist, and now he is stonewalling the divorce.
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Based on the circumstances you described, there are several legal principles in both Kansas and Missouri that may support your position:
In Kansas, a no-contact order is designed to protect individuals from harassment, intimidation, or harm. It prohibits the restrained person from contacting you directly or indirectly. Because your ex-partner is currently on diversion, he is required to comply with all court-ordered conditions, which typically include strict adherence to the no-contact order. Any violation can jeopardize his diversion status.
With respect to the divorce, both Kansas and Missouri have procedures for moving forward when one spouse is uncooperative. In Missouri, if a spouse refuses to sign or participate, the court can still issue a divorce decree based on the evidence presented by the filing spouse—this is commonly referred to as a default divorce (Missouri Rule of Civil Procedure 74.05). Kansas provides a similar process, allowing the case to proceed and be finalized even if the other party fails to respond or participate.
Both states also emphasize protecting children during the divorce process. Courts can issue temporary orders as needed—such as custody, parenting time, support, or protective measures—to ensure the safety and well-being of the children while the case is pending (K.S.A. 23-3210, RSMo § 452.355).
If you need clarification on any part of this or want me to move forward with next steps, just let me know.
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What if there is a no contact order?
I understand that dealing with a no contact order can be stressful. Is this order related to a criminal case or a civil matter?
Criminal.
Is there anything else the lawyer should know before I connect you?
No.
I understand you're dealing with a no contact order related to a criminal case. Have you considered any legal steps or protections regarding this matter?
Trying to get him to sign divorce papers that he wanted, but he is a dangerous narcissist and now he is stonewalling the divorce.
It sounds like you're in a really tough situation. Which state are you in?
For our financial and physical safety me and the kids need divorce. I live in Johnson County, Kansas now and he lives in Missouri, but we both share a home in Missouri.
Have there been any legal actions so far—either in divorce or protective orders?
Criminal case is in Kansas.
Is the no-contact order connected to that case?
No contact for the last 6 months, but now he is on diversion and shows no remorse. No divorce filings yet. He agreed to divorce but is now stonewalling and is mentally unstable.
Based on the circumstances you described, there are several legal principles in both Kansas and Missouri that may support your position:
In Kansas, a no-contact order is designed to protect individuals from harassment, intimidation, or harm. It prohibits the restrained person from contacting you directly or indirectly. Because your ex-partner is currently on diversion, he is required to comply with all court-ordered conditions, which typically include strict adherence to the no-contact order. Any violation can jeopardize his diversion status.
With respect to the divorce, both Kansas and Missouri have procedures for moving forward when one spouse is uncooperative. In Missouri, if a spouse refuses to sign or participate, the court can still issue a divorce decree based on the evidence presented by the filing spouse—this is commonly referred to as a default divorce (Missouri Rule of Civil Procedure 74.05). Kansas provides a similar process, allowing the case to proceed and be finalized even if the other party fails to respond or participate.
Both states also emphasize protecting children during the divorce process. Courts can issue temporary orders as needed—such as custody, parenting time, support, or protective measures—to ensure the safety and well-being of the children while the case is pending (K.S.A. 23-3210, RSMo § 452.355).
If you need clarification on any part of this or want me to move forward with next steps, just let me know.
Thank you. Do I have to have an attorney to file my marital settlement? Can I just go to the court clerk and put in the agreement?
You can file a marital settlement agreement without an attorney, but legal guidance is wise to ensure it's correct. The process can be complex. An attorney may help ensure the forms are done correctly, especially with your safety concerns.
Andres Sanchez
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