DIVORCE ATTORNEY IN OVERLAND PARK, KANSAS
According to the Kansas Department of Health and Environment (KDHE), in 2019, there were 6,398 marriage dissolutions statewide, comprising 95 annulments and 6,303 divorce cases. Going through a divorce or legal separation can be an emotional and life-changing experience. Such a marriage dissolution can have a huge long-term impact on your family, finances, children, and assets. Considering the psychological and emotional toll that accompanies divorce, it is easier to make irreversible mistakes during the legal proceedings, especially without proper guidance or representation.
If you are considering filing for divorce in Kansas or you are already amidst one, consulting with an experienced Kansas family law attorney is crucial for detailed guidance. Roth Davies LLC is committed to providing experienced legal services and guiding clients through complicated divorce proceedings. As your legal counsel, we will help you understand your options and offer you the detailed legal counsel you need to navigate key decisions. The attorneys at Roth Davies LLC can provide you with the advocacy and support you need to settle matters of assets division, alimony, child custody, and support, thereby making the transition as smooth as possible.
Roth Davies LLC is proud to serve individuals and families in Overland Park, Kansas, and throughout Johnson County.
DIVORCE IN KANSAS
To file for divorce in Kansas, you or your spouse must have been living in the state for a minimum of 60 days prior to filing. According to Kansas Statute 23-2701, a divorce order shall be granted on any of the following grounds:
Incompatibility ("no-fault" grounds)
Failure to perform a material marital duty or obligation
Incompatibility due to mental incapacity or mental illness of any of the spouses
However, after filing for a Kansas divorce, you may need to wait for at least 60 days before a court hearing.
CONTESTED VS. UNCONTESTED
In Kansas, divorce is categorized into two – contested and uncontested divorce.
In an uncontested divorce, the spouses mutually agree on the important terms of the divorce settlement, including property division, spousal maintenance (alimony), child custody, child support, and visitation periods (parenting time). The spouses will file the agreed-upon terms with the Texas court for official approval and to finalize the divorce.
In a contested divorce, the spouses are not able to mutually agree on one or more critical terms of the divorce settlement. A court hearing may be required to settle any lingering divorce issues or relationship differences. During the hearing, the judge will give a final verdict through a divorce decree. An experienced attorney can help present your case diligently and improve your prospects of getting a favorable outcome.
Alimony, also referred to as spousal maintenance in Kansas, is a court-ordered payment that is made by the higher-wage-earning spouse to the lower or non-wage-earning spouse during the divorce process or for a period after finalizing the divorce.
According to Kansas Statute 23-2904, the court cannot award spousal maintenance for a period exceeding 121 months (10 years). When determining the amount or duration of alimony, the following factors may be considered:
The length of the marriage
The financial resources available to each spouse
The age, physical health, and mental condition of each spouse
The spouse's standard of living during the marriage
The contributions of each spouse to the marriage
The amount of time needed for the supported spouse to acquire the necessary training, skills, or education to become self-supporting
Whether the paying spouse will be able to meet his or her personal financial obligations while paying maintenance
Under Kansas law, in a divorce proceeding, all marital property should be distributed equitably and fairly (equitable division). Marital property consists of all assets, real property, and debts acquired by the couple during the marriage. The following factors may be considered by the judge during the marital property division:
The length of the marriage
The age of each spouse
How and when the spouses acquired the marital property
The current and future earning capacity of each spouse
Each spouse's family responsibilities and separate property owned
Whether either of the spouses is receiving alimony payments
Tax ramifications of the asset division
CHILD CUSTODY & SUPPORT
To determine legal custody, residency, and support in Kansas, the judge will make the child's welfare and best interest a priority. When awarding child custody or determining the amount of support, the following factors may be considered:
The child's preference, age, physical, and emotional needs
The role and involvement of the parents before the marriage dissolution
The desire of each parent for residency or custody
The child's ability to easily adjust to a new environment, school, and home
The child's relationship and interaction with the parents, siblings, and other family members
The ability of both parents to collaborate and communicate
Any evidence of neglect, domestic abuse, violence, or drug use
The resources available to each parent
The financial needs of the child
The physical and emotional condition of the child
The cost of the child's health insurance and education
HIRING THE RIGHT FAMILY LAW ATTORNEYS
Filing for divorce in Kansas involves a lot of complexities. Trying to negotiate a divorce settlement with your ex-spouse, dividing marital property, determining child custody, and agreeing on parenting time, can make the entire process even more overwhelming. Fortunately, a knowledgeable Kansas divorce attorney can offer you the comprehensive guidance you need and help simplify the process.
Roth Davies LLC is dedicated to providing experienced legal services and comprehensive representation in family law-related matters, including divorce, asset division, spousal maintenance, child custody, and support. The attorneys at Roth Davies and legal staff will review the unique circumstances of your situation, help you understand your options, and determine the best course of action.
As your legal counsel, they will fight compassionately to protect the legal rights of both you and your children through each step of the divorce process. Their team will help resolve divorce issues quickly and peacefully, thereby making the transition as hassle-free as possible.
FAMILY LAW ATTORNEYS SERVING
OVERLAND PARK, KANSAS
If you are considering filing for divorce or have just been served with divorce papers, contact Roth Davies LLC today to schedule a one-on-one case assessment. They will review your available options and offer you the detailed legal counsel and advocacy you need to navigate key decisions in your divorce proceedings. Roth Davies proudly serves clients in Overland Park and Johnson County, Kansas.