Overland Park Divorce Lawyer

Legal Support for Life’s Major Transitions

At the Law Office of Daniel E. Stuart, P.A., we work with individuals going through divorce who need steady, informed legal guidance during a difficult time. We understand how emotional and overwhelming this process can be—especially when decisions about finances, children, and property need to be made quickly and carefully. Our role is to help clients take each step with clarity and confidence.

Divorce Involves More Than Just Signing Papers

Divorce is the legal process of ending a marriage, but for most people, it’s also a major shift in their personal lives. Along with legal filings, a divorce often involves decisions about child custody, parenting schedules, spousal support, and the division of property and debts. Each situation is different, and the outcome depends on several factors—income, length of the marriage, assets, and even communication between the parties.

We’ve worked with clients facing contested and uncontested divorces, high-asset separations, and difficult custody matters. What they usually want is a fair agreement that protects their interests while reducing unnecessary conflict. For some, this may involve negotiation or mediation. For others, court proceedings are necessary to resolve disputed issues. Our goal is to help our clients understand their legal rights and focus on practical outcomes.

Divorce matters often include:

• Child Custody and Parenting Time: Determining where children will live, how time is shared, and how decisions are made about education and healthcare are central to many divorces.
• Division of Property and Debts: This includes real estate, retirement accounts, bank accounts, and any debts acquired during the marriage. Kansas follows equitable distribution, which aims for a fair—not necessarily equal—split.
• Spousal Support (Alimony): In some cases, one spouse may be ordered to provide financial support for a period of time. This depends on factors such as need, length of the marriage, and earning ability.

Our Overland Park, KS divorce lawyer, we work with people from all walks of life and tailor our approach to match their goals, family situation, and future plans.

Why Our Experience Matters in Divorce Cases

Divorce cases often involve personal, financial, and long-term consequences. At the Law Office of Daniel E. Stuart, P.A., we bring over three decades of legal experience to every family law matter we handle. Our approach is practical, personalized, and focused on long-term results for our clients.

Daniel E. Stuart is licensed in Kansas, Missouri, and New York, and has been representing individuals since 1994. While our firm is widely known for personal injury cases, we apply the same thorough and client-centered approach to divorce matters. Clients value Dan’s direct communication and ability to explain legal steps in a clear, honest way. We believe every person deserves support, respect, and the tools to move forward.

Practical Legal Support for Divorce Matters

Divorce is one of the most personal legal matters a person can face. At the Law Office of Daniel E. Stuart, P.A., we help individuals who are ready to move forward but need support handling the legal process. Whether the divorce is contested or amicable, we guide our clients with straightforward advice and a steady hand.

Types of Divorce Cases We Handle

Every divorce case is different, and we work with clients facing a wide range of legal and personal circumstances. We tailor our legal strategy to meet the goals of each client while protecting their rights and interests throughout the process.

• Contested Divorce: When spouses cannot agree on major issues such as child custody, property division, or support, court intervention is often necessary. We represent clients through all stages of litigation and work toward balanced outcomes.
• Uncontested Divorce: In some cases, both parties agree on the terms of the divorce. We help formalize these agreements and file the necessary documents efficiently, reducing time and conflict.
• High-Asset Divorce: Dividing significant financial assets—such as real estate, retirement accounts, and investments—requires careful documentation and attention to detail. We help clients protect their financial future and identify equitable solutions.
• Child Custody and Parenting Plans: Custody arrangements affect how time is shared and how important decisions are made for the child. We assist in developing parenting plans that reflect the child’s best interests while honoring each parent’s role.
• Spousal Support (Alimony): In marriages where one spouse earned significantly more, support may be necessary for a transition period. We help assess fair amounts based on income, length of marriage, and lifestyle.
• Divorce Involving Domestic Abuse or Protection Orders: If a relationship involves violence or threats, legal protections are available. We assist in securing protection orders and pursuing divorce with safety as a top priority.
• Modification of Divorce Orders: Life changes after divorce. We help clients request modifications to custody, support, or visitation orders when circumstances change significantly.
• Division of Debts and Financial Obligations: Fairly dividing not only assets but also debts—including loans, credit cards, and joint accounts—is an important part of reaching a lasting settlement.

We work closely with each client to understand their priorities—whether that’s keeping the family home, securing time with children, or achieving financial independence.

Why Experience Matters in Divorce Cases

Family law requires a mix of legal knowledge, communication skills, and attention to personal goals. At the Law Office of Daniel E. Stuart, P.A., we bring decades of experience to the table and focus on creating real solutions for our clients.

• More than 30 years of legal experience across Kansas, Missouri, and New York
• Representing individuals since 1994 in high-stakes personal matters
• Known for clear communication and a practical, no-nonsense approach
• Hands-on client service, with direct attorney involvement from start to finish
• Committed to protecting rights and promoting fair, sustainable outcomes

We focus on helping our clients through each step, so they can make informed decisions that support their future.

Overland Park Divorce Infographic

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

How long does it take to finalize a divorce in Kansas?

In Kansas, the minimum waiting period for a divorce to be finalized is 60 days after the petition is filed. However, most cases take longer depending on the level of conflict and the number of issues involved. If the divorce is uncontested—meaning both spouses agree on major terms—it may be resolved relatively quickly. Contested divorces that involve disputes over child custody, property division, or spousal support can take several months or more, especially if court hearings are required. The timeline also depends on how quickly financial documents are exchanged and whether mediation is used to resolve disagreements.

Do both spouses have to agree to get a divorce?

No, both spouses do not need to agree to proceed with a divorce in Kansas. The state follows a no-fault divorce model, which allows one spouse to file for divorce simply by stating that the marriage is “irretrievably broken.” If the other spouse disagrees or chooses not to participate in the process, the divorce can still move forward. While cooperation can make the process easier, it is not legally required for the court to grant the divorce. Our firm helps clients through both cooperative and contested divorce situations.

What factors affect how property is divided?

Kansas uses an equitable distribution approach, which means property and debt are divided in a way that is fair—though not necessarily equal. The court considers a range of factors when dividing marital property, including each spouse’s income and earning ability, the duration of the marriage, the value of individual and joint assets, contributions to the household (including homemaking), and any debts incurred during the marriage. Property acquired before the marriage may remain separate, but there are exceptions. We help clients identify what’s considered marital property and work toward fair and appropriate distribution.

Will I have to go to court?

Not all divorces require a court appearance. If both spouses agree on the major terms—such as child custody, support, and property division—the court may approve a settlement agreement without a formal hearing. In some uncontested cases, one party may not even need to appear in person. However, if there are disagreements that cannot be resolved through negotiation or mediation, the case may go to trial where a judge makes the final decisions. We aim to resolve matters efficiently and outside of court when possible, but we are fully prepared to represent our clients in the courtroom if needed.

Can divorce agreements be changed later?

Generally, this does not happen very often, but, yes, certain aspects of a divorce agreement can be modified if there is a substantial change in circumstances. This commonly includes changes in income, relocation, remarriage, changes in a child’s needs, or job loss. For example, child custody arrangements or spousal support payments can be adjusted if one party can show that the current terms are no longer workable or fair. These modifications must be requested through the court and formally approved. We regularly assist clients with post-divorce modifications to help their agreements reflect new realities.

Divorce Glossary

At our firm, our Overland Park, KS divorce lawyer works with people during one of the most personal and legally significant transitions in life. Whether the divorce is straightforward or more involved, it’s important to understand the legal terms you may encounter along the way. This glossary explains key phrases that commonly come up during a divorce case in Kansas, especially those that directly affect parenting, property, and financial obligations.

Parenting Time Schedule

A parenting time schedule is a written plan that outlines when each parent will have time with their children after a divorce or separation. This schedule is typically included in the court-approved parenting plan and covers weekdays, weekends, holidays, school breaks, and vacation time. Parenting time is not just about physical presence—it also impacts how decisions are made regarding a child’s upbringing. Courts in Kansas prioritize the child’s best interests when approving these arrangements, and the schedules can vary widely depending on the age of the child, the parents’ work commitments, and the level of cooperation between parties. Our firm often helps clients create detailed and sustainable schedules that promote consistency for their children.

Equitable Distribution Of Property

In Kansas, the division of marital assets and debts follows a standard called equitable distribution. This means property and debts acquired during the marriage are divided in a manner that is fair, but not necessarily equal. The court may consider several factors, including the length of the marriage, each spouse’s income and contributions to the household, and each party’s future earning potential. Equitable distribution applies to real estate, vehicles, retirement accounts, business interests, and more. It also includes debt allocation. We help clients prepare detailed financial disclosures and advocate for fair outcomes during negotiations or court proceedings.

Spousal Maintenance

Spousal maintenance, also called alimony in some jurisdictions, refers to financial support that one spouse may be ordered to pay the other after a divorce. This is typically awarded when there’s a significant gap in income or earning ability between the spouses. Kansas courts assess whether support is necessary based on several factors, such as the length of the marriage, the recipient’s financial need, and the paying spouse’s ability to provide assistance. Support can be temporary or long-term, depending on the circumstances. Our role is to help determine whether spousal maintenance should be pursued or defended, and to structure support in a way that is reasonable and legally sound.

Contested Divorce

A contested divorce occurs when spouses cannot agree on one or more significant terms of their separation. This can include disagreements about child custody, the division of assets, spousal support, or debt responsibility. In contested cases, court involvement is often necessary to resolve disputes, and the process may involve multiple hearings, the presentation of evidence, and testimony from both sides. Because these cases can take more time and often carry more stress, we prepare thoroughly and advocate strongly for our clients’ positions. We also look for opportunities to resolve issues outside the courtroom when doing so is in our clients’ best interest.

Modification Of Court Orders

After a divorce is finalized, certain court orders—like child custody, parenting time, or spousal support—can be modified if there’s been a substantial change in circumstances. For example, a parent may request more parenting time due to a change in work hours, or a party may seek to adjust support if their financial situation shifts significantly. These requests must be approved by a judge and supported by current documentation. We help clients gather the necessary information and file appropriate motions to reflect new realities in their post-divorce lives.

If you’re looking for a divorce lawyer in Overland Park, KS who will focus on practical outcomes while protecting your legal rights, Law Office of Daniel E. Stuart, P.A. is ready to support you through each stage of your case.

Let’s talk about how we can help. Reach out today to schedule your consultation.

Speak With Us About Your Divorce

If you’re facing divorce and aren’t sure where to begin, we’re here to help. Contact the Law Office of Daniel E. Stuart, P.A. today to schedule a consultation. We’re ready to talk about your goals and help you take the next step with confidence.