Divorce Lawyer Overland Park, KS
If you want to get a divorce from your spouse, you may want to consult a divorce lawyer Overland Park, KS trusts. A divorce can be a complicated ordeal, and you do not want to go through it alone. A lawyer can guide you through the entire process and protect your legal rights.
Understanding The Divorce Process In Overland Park, KS
Going through a divorce can be emotionally challenging and legally complex. If you find yourself facing this situation in Overland Park, Kansas, it’s crucial to have a clear understanding of the divorce process to navigate it effectively. For more assistance, please contact us at The Law Office of Daniel E. Stuart, P.A.
- Grounds for Divorce: Kansas is a no-fault divorce state, which means that you don’t have to prove fault or wrongdoing by either party to get a divorce. The only required grounds are incompatibility and inability to live together as husband and wife.
- Residency Requirements: To file for divorce in Overland Park, or anywhere in Kansas, one or both spouses must have lived in the state for at least 60 days before filing.
- Filing for Divorce: The divorce process typically begins with filing a Petition for Divorce in the appropriate district court in Johnson County, where Overland Park is located. The petition outlines the issues to be addressed, such as property division, child custody, support, and alimony.
- Serving the Divorce Petition: After filing the petition, the non-filing spouse must be served with the divorce papers. This can be done through a process server or by certified mail. The spouse then has a specified time to respond to the petition.
- Temporary Orders: During the divorce process, either spouse can request temporary orders for matters like child custody, support, and spousal maintenance. These orders are intended to maintain stability and address immediate needs while the divorce is pending.
- Discovery: Both parties gather information and documents relevant to the divorce, including financial records, property valuations, and other relevant evidence. This process is known as “discovery.”
- Negotiation and Settlement: Most divorce cases are settled out of court through negotiation, mediation, or collaborative law processes. These approaches can save time, money, and emotional stress. If the spouses can reach agreements on all issues, a settlement agreement is drafted and submitted to the court for approval.
- Court Proceedings: If the parties are unable to agree on some or all issues, a court hearing may be necessary. The court will make decisions based on the evidence presented and applicable Kansas laws.
- Property Division: Kansas follows the principle of equitable distribution, meaning that marital property is divided fairly but not necessarily equally. Factors such as each spouse’s financial contributions, non-monetary contributions, and future earning potential are considered.
- Child Custody and Support: Child custody arrangements are determined based on the best interests of the child. Kansas encourages shared parental responsibilities unless it’s not in the child’s best interests. Child support is calculated based on state guidelines and factors such as income and custody arrangements.
- Alimony (Spousal Maintenance): The court may award spousal maintenance based on factors like the length of the marriage, each spouse’s financial resources, and their ability to support themselves.
- Finalizing the Divorce: Once all issues are resolved, whether through negotiation or court proceedings, a final divorce decree is issued by the court. This document legally ends the marriage and outlines the terms of the settlement or court orders.
Grounds For Getting A Kansas divorce
In Kansas, the grounds for divorce are relatively straightforward, as the state allows for both no-fault and fault-based divorces. Understanding these grounds can help individuals navigate their divorce proceedings more effectively. Here’s a breakdown:
No-Fault Divorce
- Incompatibility: This is the primary no-fault ground for divorce in Kansas. It simply means that the spouses cannot get along well enough to remain married, and there is no reasonable expectation that the marriage can be preserved.
Fault-Based Divorce
- Failure to Perform a Material Marital Duty or Obligation: This ground is often interpreted to include issues such as the refusal to maintain sexual relations or provide financial support.
- Mental Illness or Incapacity: Previously, this was a more common ground for divorce. It requires proof that one spouse suffers from a severe mental illness or incapacity, which was unknown to the petitioning spouse at the time of marriage. Nowadays, this ground is less frequently used, largely due to changes in societal attitudes and legal approaches towards mental health.
Additional Considerations
- Residency Requirement: To file for divorce in Kansas, at least one spouse must have been a resident of the state for 60 days prior to filing.
- Waiting Period: There is a mandatory 60-day waiting period from the time the divorce petition is filed until the divorce can be finalized.
When filing for divorce in Kansas, it’s not necessary to prove fault to obtain a divorce, making the no-fault ground of “incompatibility” the most straightforward and commonly used basis. This no-fault approach can help reduce the emotional strain and conflict that often accompanies the fault-based divorce process.
For those considering divorce under specific circumstances that might align with fault-based grounds, it’s advisable to consult with a lawyer. An attorney can provide guidance on the most strategic grounds for divorce based on the individual details of your case. For instance, the Law Office of Daniel E. Stuart, PA, in Johnson County, KS, specializes in helping clients understand all aspects of their divorce, ensuring they make informed decisions that align with their personal and legal interests.
Overland Park Divorce Infographic
Different Things to Consider in a Divorce
When two people get divorced a lot of times there are more things taking place than just the divorce. If the divorcing couple happens to have children then the children will be affected as well by the divorce. It’s important to take the children’s considerations into account when a divorce is being discussed and ultimately followed through with. Child custody is something that will need to be determined in order to figure out which of the parents will receive custody and under what terms. In some cases, one parent will receive full custody and in other cases, each parent may receive joint custody. The terms of a custody agreement may also see the child split time between the care of both parents. One parent may be responsible for taking care of the child for most weeks while the other parent may get the child every weekend or a different set of days.
How Child Custody is Determined in a Divorce
Child custody will take many things into account in order to determine which parent will receive which level of custody of the child. One thing that is looked at is which parent the child wishes to live with. Another thing that will be observed is how much time each parent has been proven to spend with the child. If it appears that one parent is not around very often then the court may determine that this parent isn’t a loving parent even if in reality they are. Child custody is determined by how things appear in a lot of child custody cases. The court system puts a strong emphasis on which parent cares for the child mostly and which one seems to be there for them. If a couple is planning on getting a divorce and is already separated then if one parent has already moved away from the area then a court will most likely not view this parent as one who truly cares for their kids or wishes to be a part of their lives. For assistance with divorce and other family matters like child custody in a divorce, turn to The Law Office of Daniel E. Stuart, P.A today to get help from an Overland Park divorce lawyer. Our firm has helped many people get through their divorces.
Child Support and Alimony
To follow up on child custody there also is child support and alimony that generally come about in a divorce proceeding. Child support will see a parent paying the other parent a certain amount of money to meet the child’s needs. Alimony is similar in that a payment is made to cover the other spouse’s needs. These amounts needing to be paid will vary on different circumstances like who has child custody and also the financial situation and income of each spouse. For assistance with alimony payments or to determine child support reach out to an Overland Park, KS divorce lawyer to learn more about how The Law Office of Daniel E. Stuart, P.A can help.
Lifestyle Clauses and Prenuptial Agreements
An Overland Park, KS divorce lawyer knows that one of the best ways to avoid a long, drawn-out divorce battle is to have a prenuptial agreement in place before you even say, “I do.” Most couples planning to get married tend to dismiss prenuptial agreements as tools for the super-wealthy that they do not need to concern themselves with.
While it is true that prenups are often useful for protecting people taking a large amount of assets into a marriage, there are also other ways that they can be beneficial. One way that has gained popularity over the past few years is the introduction of lifestyle clauses into these agreements. Unlike ordinary prenuptial agreement clauses that deal with what can happen in the event of divorce, these clauses take advantage of the Kansas prenuptial agreement law to set out certain behaviors that the spouses agree to abide by.
Overland Park Divorce Law Statistics
According to the U.S. Census Bureau, mothers are awarded sole or primary physical custody in about 80% of child custody cases in the United States.
- About 26.5% of children under the age of 21 live with only one parent.
- About 30.1% of children living with only one parent live in poverty.
- About 40% of U.S. states have laws that favor joint custody.
- About 51% of custody cases are settled without a judge’s ruling.
Overland Park Divorce Law FAQs
What exactly is a lifestyle clause?
Lifestyle clauses are contractual clauses in which the engaged couple promises to abide by certain rules for the duration of the marriage, usually with some financial penalty in case a spouse violates the clause. These clauses can cover a lot of ground, and do not necessarily have to apply to both spouses equally. These clauses can penalize spouses for infidelity, set a number of children for the marriage, or even deal with more minute issues.
How long does it take to get a divorce in Overland Park?
The duration of a divorce in Overland Park can vary significantly depending on whether it is contested or uncontested. The mandatory waiting period is 60 days from the filing of the petition, but a contested divorce can take several months or even years if the parties cannot agree on key issues.
What is the difference between a contested and an uncontested divorce?
An uncontested divorce occurs when both parties agree on all major issues, including asset division, child custody, and support arrangements. A contested divorce happens when there are disagreements on one or more issues, requiring negotiation and possibly court intervention to resolve.
How is child custody determined in a divorce case?
Child custody in Kansas is determined based on the best interests of the child. Factors considered include the desires of the child’s parents, the needs of the child, the child’s relationship with each parent, each parent’s ability to care for the child, and any history of abuse. Custody can be joint or sole, depending on what the court deems appropriate.
Will I have to pay alimony, and if so, how much?
Alimony, or spousal support, is not guaranteed in Kansas divorces. It is awarded based on the financial need of one spouse and the other spouse’s ability to pay. Factors considered include the duration of the marriage, each spouse’s financial resources, their standard of living during the marriage, and their age and health.
What should I do to prepare for a divorce?
Preparing for divorce involves gathering financial documents, considering your future living arrangements, and thinking about your goals regarding child custody, support, and property division. It’s also wise to consult with a divorce attorney to understand your legal rights and options. Daniel E. Stuart can provide tailored advice based on your specific circumstances.
Contact Our Overland Park Divorce Lawyer today!
If you want to make your divorce as painless as possible, it is essential to have a skilled divorce lawyer on your side. A divorce lawyer in Overland Park, KS will help you with the paperwork, negotiate a fair settlement and prevent you from making costly mistakes.
Schedule a consultation with a divorce lawyer in Overland Park, KS from The Law Office of Daniel E. Stuart, P.A. today.