Johnson County Divorce Lawyer

Divorce Lawyer Johnson County, KS

If you plan to file for divorce soon, you may want to talk to a divorce lawyer Johnson County, KS relies on from The Law Office of Daniel E. Stuart, P.A. A divorce is a complex matter, so it’s important to have someone knowledgeable and experienced on your side. A lawyer can guide you through the entire process and improve your chances of a favorable outcome.

Tips for Getting a Divorce Later in Life

Not everyone gets a divorce in their 20s or 30s. These days, more and more couples are getting divorced at an older age. If you’re divorcing later in life, you may face different issues than younger couples. Here are some tips for getting a divorce later in life.

• Determine if a divorce will affect your Social Security payments. If you’re getting divorced in your retirement years, there’s a good chance that Social Security is at least a portion of your income. You may be entitled to up to half your former spouse’s Social Security benefits.

• Decide what to do with the house. If you and your spouse are getting divorced in your golden years, it’s likely that your kids are grown and out of the house. Therefore, it might make more sense to sell the home and move into a smaller place. However, if either one of you has an attachment to the home, you will want to discuss this matter with each other.

• Figure out who will keep the pets. Older couples are more likely to have pets. If you and your spouse are getting a divorce, your divorce lawyer in Johnson County, KS may advise you to discuss your pet situation with your spouse. It’s unrealistic to think that you will continue to share time with your pets. 

• Discuss your divorce with your children. While your children may be adults now, finding out that their parents are getting a divorce can still be tough. As such, you and your spouse should discuss your plans with your children as soon as possible.
• Stay positive. Divorce can be especially difficult when you’ve spent a large portion of your life with your spouse. You worry about what the future entails. However, it’s important to have positive thoughts and realize that you can move on from this. Think about what you want out of your life after your divorce and go after those goals.

Johnson County Divorce Infographic

Schedule a consultation with a divorce lawyer in Johnson County, KS today.

Watch Out What You Post on Social Media During a Divorce

A Johnson County, KS divorce lawyer knows the end of a marriage can be an extremely stressful time. In many cases, people who are going through a divorce are emotionally fragile and may be uncertain as to how to conduct their day-to-day lives without their primary relationship. Others may feel a sense of relief or liberation being out of a particular situation, causing them to want to celebrate their newfound freedom and engage in behavior that they may not have felt was appropriate during their marriage.

The tremendous popularity of social media applications such as Facebook, Twitter, Instagram, and TikTok has encouraged a culture of sharing successes and adventures, as well as presenting an idealized image of your life to the world. Unfortunately, sharing certain details of your life could have a significant impact on the way certain issues related to your divorce may be resolved. Some of the more common ways that social media use could affect your divorce relate to child custody and spousal support.

Child Custody

As a Johnson County divorce lawyer can explain, under Kansas law, the courts award child custody based on the best interests of the child. Judges are allowed to consider any relevant factors when making child custody determinations, and evidence of reckless behavior or substance abuse issues is often taken as evidence of lack of parental fitness.

For this reason, any pictures or statuses that you share on social media discussing a lifestyle not well-suited to parenting could have a significant impact on the judge’s decision on how child custody will be awarded. The kinds of social media activity that could be relevant to a child custody determination include the following:

• Photos or other evidence of alcohol and/or drug use
• Statuses disparaging the other parent of your child
• Evidence that you are having problems at work
• Behavior that may indicate mental health problems
• Any other evidence that could indicate you are living a lifestyle not conducive to a positive home environment for your child

Spousal Support

Spousal maintenance, also called alimony, is awarded in situations in which one spouse was financially dependent on the other spouse and requires continued support. Courts have significant discretion when determining an alimony award and consider various factors, including whether either spouse requires alimony. While the pictures of your recent vacation, new wardrobe, or nights out on the town may be tempting to share on social media, a court may be influenced by evidence of significant and unnecessary spending and determine that you do not have financial needs that are not being met. For this reason, it is best to simply stay off social media while you are going through a divorce.

Deciding Child Custody and Visitation in a Divorce

A Johnson County, KS divorce lawyer knows, when a divorcing couple has children, the difficult decision about where those children will live now that their parents are no longer together can be one of the most difficult – and contentious – issues to resolve. In the best of circumstances, the parents are able to work together and come with an agreeable solution. In other cases, when the parents cannot agree, the court will make the decision on where the child will live and how visitation or parenting time be scheduled.

Legal Custody

In Kansas, joint legal custody is the preference of most family court judges. Legal custody means both parents have equal say in the significant decision making responsibility when it comes to medical decisions, education, religious decisions, extra-curricular activities, and other important decisions.

Physical Custody

Legal custody does not mean physical custody. Even if the court awards joint legal custody, it does not necessarily mean physical custody will be joint. Often, the judge will usually choose one parent as the custodial parent – meaning that is the parent the child will live with for the majority of time. The other parent will have a visitation schedule, sometimes referred to as parenting time.

Best Interest of the Child

When the judge is considering how custody will be awarded, the major factor in this decision will be what is in the best interest of the child. The best interest of the child is actually a legal doctrine that provides various factors that a judge will often consider in making this decision.

A Johnson County divorce lawyer knows that some of these factors include:

• The wishes of the child if the child is old enough
• How well the parents cooperate with each other in the raising of the child
• How committed is each parent to facilitate each other’s relationship with the child
• How hostile the parents are to each other

One factor that is not to be considered when a judge is deciding child custody is a parent’s actions that do not affect the parent’s relationship with the child. In other words, regardless of what the parent did to cause the end of the marriage, the court will not consider that a basis for limiting custody.

For example, if a parent has an affair, that will not usually factor into their parenting time. There are some exceptions to that however, such as a parent with an alcohol or substance abuse issue or if there is history of domestic violence. The judge is supposed to consider both parents to be fit parents worthy of unrestricted parenting time, unless giving a parent unrestricted parenting time would endanger a child’s physical, mental, moral, or emotional health.

Right of First Refusal

In many custody decisions, the judge often decides to allow the parents the right of first refusal when it comes to child care during the other parent’s parenting time. This means that if the other parent needs child care during his or her parenting time, they have to first contact the other parent to see if they would like to take the child before finding other child care. Your Johnson County divorce lawyer can explain in detail how this could be a benefit or non-benefit in your situation.

Contact Our Firm Today

If you have decided to end your marriage, you want to make sure you have a skilled Johnson County divorce lawyer advocating for you and ensuring your parental rights and rights to the marital estate are protected. Call the Law Office of Daniel E. Stuart, P.A. today to schedule a free consultation.

Johnson County Divorce Lawyer FAQs

Starting a divorce with a Johnson County, KS divorce lawyer is a significant life event that can be overwhelming and confusing. If you find yourself contemplating the end of your marriage, you likely have numerous questions about the divorce process. Here are five of the most commonly asked questions about starting a divorce, along with some brief answers to help you gain a better understanding. After you’ve read through them, contact the Law Office of Daniel E. Stuart, P.A. to ask any other questions you may have.

How do I initiate the divorce process?

To initiate a divorce, you typically need to file a divorce petition or complaint with the appropriate court in your jurisdiction. This legal document outlines your desire to end the marriage and may include information about child custody, asset division, and support issues. It’s advisable to consult with an attorney who specializes in family law to guide you through this process — this should be your true first step.

What are the grounds for divorce?

The grounds for divorce vary depending on the jurisdiction. In many jurisdictions, no-fault divorce is recognized, which means that neither party needs to prove wrongdoing or fault. Instead, irreconcilable differences or the breakdown of the marriage may be sufficient grounds for divorce. Some jurisdictions also recognize fault-based grounds, such as adultery, cruelty, or abandonment, which may affect the outcome of certain aspects of the divorce.

How long does the divorce process take?

The duration of the divorce process can vary significantly depending on various factors, including jurisdiction, complexity of the issues involved, and the level of cooperation between the spouses. Simple uncontested divorces where both parties agree on all major issues can be finalized relatively quickly, sometimes within a few months. However, contested divorces, which involve disputes over child custody, property division, or support, can take much longer, potentially extending for a year or more. That is why it is important to work with a Johnson County divorce lawyer to understand how long the process will take for your specific circumstances.

What about child custody and support?

Child custody and support are important considerations in divorce cases involving children. The courts prioritize the best interests of the child when determining custody arrangements. Custody decisions can involve joint custody, sole custody, or visitation rights. Child support is typically calculated based on various factors, including each parent’s income, the child’s needs, and the custody arrangement. Family courts strive to ensure that the child’s financial and emotional well-being are adequately provided for.

How is property divided in a divorce?

The division of property in a divorce depends on the jurisdiction and whether it follows community property or equitable distribution laws. In community property states, assets acquired during the marriage are generally split equally between the spouses, while separate property remains with the original owner. In equitable distribution states, the court aims for a fair distribution of marital assets based on factors like each spouse’s contributions to the marriage, the duration of the marriage, and the financial circumstances of each party. An attorney can walk you through this during your initial consultation.

Remember, divorce laws can vary significantly depending on your jurisdiction, so it’s essential to consult with a qualified attorney to get accurate information and advice tailored to your specific situation. An attorney can guide you through the divorce process, ensure your rights are protected, and help you achieve a fair resolution as you navigate this challenging time in your life. Contact a Johnson County divorce lawyer at the Law Office of Daniel E. Stuart, P.A. if you are ready to get started with a divorce.