Divorce

When Couples Decide They’re Going To Divorce In Kansas, What Generally Are The Options To Proceed?

In Kansas, couples who wish to proceed with divorce can go to mediation. In these states, they have the option of collaborative divorce. In collaborative divorce, couples try to resolve the separation as amicably as possible, usually with the assistance of an attorney. Collaborative divorce is the first option, and many people do that. But if there’s not a pleasant separation, they should hire a firm like us to file the appropriate paperwork. We will proceed with an initial discovery on the case in which we request vital documents. We will also ensure that divorcing couples will move on to mediation. If it doesn’t settle at mediation, then it goes to trial. A trial can be a long and expensive process, so we want to avoid it if possible. Besides using these procedures, the other option is to do it unassisted and without professional support. However, trying to divorce alone often leads to difficulty understanding the legal forms and legal implications for the property and children involved. Ultimately, there are three main options for divorce. Couples can go the for collaborative divorce route, hire an attorney and try to mediate the separation. Or they can take it to trial. Finally, they can try to do it themselves, without professional support.

What Happens If My Spouse And I Can’t Agree On Custody Or Other Matters In Our Divorce Case?

If spouses disagree on the terms of a divorce, which is usually the case, the first thing to do is file the appropriate motion in court and submit a parenting plan. If there’s abuse, a guardian ad litem will be appointed. If there is no abuse, we will ask the judge to decide on the custodial relationship. That is a very challenging process, often with many emotions and difficulties involved. But we do an excellent job of presenting our client’s story through evidence and exhibits and consistently deliver a parenting plan that we feel is in the children’s’ best interest.

Once A Party Files For Divorce In Kansas, What Generally are The Next Steps?

There is a 60-day waiting period after a divorce petition is filed. Your spouse has 30 days to respond. After the response is filed the discovery period can begin. Usually, the discovery period takes about 3 or 4 months. After the discovery period, we go to a pre-trial hearing to determine the significant issues that may arise during the trial. At the pre-trial, we set a trial date. The trial date is usually within eight months to a year of the initial filing.

How Is Custody Determined In Kansas When A Couple Is Divorcing? Is There Ever An Age Where A Child Has Input Into Who They Will Live With?

There is no definitive answer to whether a child can have a say in who they will live with. However, courts commonly tend to factor in a child’s input on residential custody if they are at least 14 years old.

When Does Child Support Start During The Divorce Process If Parents Aren’t Raising A Child Together?

Child support will be awarded temporarily at the beginning of the process if the parties have an unequal financial situation. These are called Temporary Orders. An attorney will reach out to the court, asking for temporary orders in circumstances where it’s appropriate. Otherwise, if both parents have a similar financial standing and equal custody, child support might be awarded at the final hearing.

How Is That Amount Generally Calculated?

Child support is calculated by the court using various factors. The amount of support required depends on the person with less time’s income. It also depends on the amount they see the kids and the amount that that person is paying for daycare, medical supplies, and insurance. The court also calculates the appropriate tax refund amount and any tax credit that the person paying support may receive.

Does Kansas Recognize Alimony Or Spousal Support Awards In A Divorce Case, And When Would This Begin?

Kansas does recognize spousal support (also known as alimony). Spousal support is used when there is a significant gap in the two divorcing party’s earning potential. In that case, we would request spousal support via temporary orders. In Kansas, alimony is called maintenance, and there’s a precise calculation for it. Statutorily, there’s a maintenance award, and the estimate is based on the length of the marriage divided by three years. The difference in earnings is multiplied by 20% and then divided by 12. This is essentially the spousal maintenance calculation as done in Kansas.

For more information on Family Law In Kansas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (913) 543-4500 today.