Roth Davies, LLC

7500 College Blvd.
Suite 700
Overland Park, KS 66210

Call For A Free Consultation

(913) 451-9500

Roth Davies, LLC

Negotiating Settlement

In order for any divorce to be recognized as legitimate, action by the court is required. With that being said, a divorce does not need to go to trial. Actually, most divorces conclude with a settlement agreement between the parties that is approved by the court. Settlement can happen at any time before the divorce ruling, yet it turns out to be more probable after the discovery stage. After discovery, each party gets a clear understanding of all salaries, debts, and assets. This permits the lawyers to each work with both parties to achieve pleasing terms for both sides. Settlements can resolve one or each of the three noteworthy segments of a divorce—property division, support obligations, and child custody.

Property Division

Property acquired during the marriage is considered marital property and must be divided as part of the divorce action. This might include the spouses’ home, vehicles, and retirement accounts. Much like marital property, debts accrued during the marriage must also be divided fairly amongst the spouses. The most common form of marital debt is a mortgage on the spouses’ home. The court will decide how to divide the assets and debts in a way that results in a fair division.

When it comes to their property, spouses are the experts. This part of the divorce proceeding is a key area for settlement. Sometimes sentimental values are attached to properties and this may result in an agreement between the parties. Most spouses are motivated to come to an agreement by the idea of the court deciding who gets what regarding property.

Support Obligations

Spousal support and child support are both pertinent when proceeding with a divorce. Spousal support may be referred to as maintenance or alimony. The purpose of spousal support is for a spouse to maintain a lifestyle that they lived throughout the marriage. Although spousal support is not appropriate in every situation, circumstances that involve spouses that have been married for a long period may raise the importance of spousal support. This is especially true when one spouse has decided not to work and instead focuses on raising children. In this case, the court does not want to punish the spouse who may be supporting the marriage in ways other than financial support, so support will probably be awarded. Awarding spousal support often allows a spouse to progress towards financial stability after the divorce. It can also help with attending school or training that will aid in re-entering the workforce.

On the other hand, child support substantially varies from spousal support. If the marriage resulted in minor children, child support will usually be required. Kansas uses a systematic approach to calculate the child support amount. This formulaic process reduces the chances of inconsistency and disagreement. Using the income of the parents, the custody agreement, and other factors, the formula comes up with a presumed amount. If the custody is agreed upon, calculating child support is much easier.

Child Custody

Child custody is the last and most difficult component of the divorce process. Both parents will probably have inflexible preferences on custody. The living arrangement of the children will influence where they attend class, travel plans, and many different parts of family life. Indeed, even if awarded joint custody, the difficulty of dividing holidays, summers, and weekends, remains, as this facet can be emotional for both parents. As a last hindrance against an agreement, certain custody schedules can specifically adjust the child support. These issues are why child custody is the most difficult and disputed portion of most divorces.

Child custody is investigated with extraordinary examination by the court. Regardless of whether parties completely consent to a custody plan, the court must consider what is in the best interest of the children and the court has the ability to decline an agreement. The court will likewise utilize this metric if custody cannot be settled upon preceding the trial. This makes custody understandings progressively vital, because the parents and the court must all agree. Considering that custody can directly affect the amount of child support awarded, it is key to come to an agreement on custody.

For additional information about the divorce proceeding, click link below.

Step 8 – What Are Status And Pretrial Conferences In A Divorce Case?

Roth Davies, LLC.

Get your questions answered - call for a free,
20-minute phone consultation (913) 451-9500.