What You Need to Know About Divorce in Kansas
Feb. 17, 2023
Divorce is the legal process by which a couple can dissolve their marriage. The complexity of a divorce depends on many factors, such as whether the couple has substantial assets or debts and if there are children involved. Most couples will benefit from the help of an experienced family law attorney, who can guide them through the process and ensure that their legal rights are protected.
KANSAS: A NO-FAULT STATE
Each state has its own unique laws regarding divorce. Kansas is a “no-fault” divorce state, which means that it isn’t necessary to prove that one spouse or the other was responsible for the breakdown of the marriage. In practical terms, this may affect your case in two ways:
Revealing evidence of misconduct (such as adultery) is probably not necessary
Admitting to misconduct can show that it caused assets to be depleted.
Since proving fault isn’t a relevant part of the divorce process in Kansas, you may be wondering what factors are relevant in order to get your divorce approved by a family law court. Here are among the most common grounds for divorce recognized by Kansas courts:
Failure to perform a material duty or obligation
Incompatibility by reason of mental illness or mental incapacity
Regardless of whether your separation is amicable or hostile, straightforward or complex, we at Jeffers Law Office understand that it’s anything but easy. That’s why Mark will strive to walk you through the divorce process as painlessly as possible.
THE DIVORCE PROCESS IN KANSAS
In the Sunflower State, either spouse can begin the divorce process by filing a petition for a divorce in the county where at least one of them lives. Once this step is completed, the case can proceed in one of two ways:
If the couple can reach an agreement about the terms of the divorce, a judge will issue a divorce decree after a minimum of 60 days from the time that the case was filed.
If the couple cannot reach an agreement, a trial may be necessary to determine issues such as division of property, child custody, child support and alimony.
Whenever possible, attorney Mark Jeffers strives to help divorcing couples arrive at an agreement as amicably as possible — for the sake of both their emotional and financial well-being. However, some cases can only be resolved through more legally aggressive means, which he is more than prepared to handle as well.
HELPING YOU IN ALL SITUATIONS
At Jeffers Law Office, Mark is experienced in all phases of the divorce process, from filing suit to mediation (amicable negotiation), litigation (court-involved legal action) and trial. He can assist clients with each step of the process, including:
Separating property and debts
Establishing child support and spousal support obligations
Setting up a custody plan and parenting arrangement
Obtaining restraining orders in situations involving domestic violence
Restoring a maiden name
In many cases, an agreement on issues related to property, custody and support can be reached through formal or informal mediation. Attorney Mark Jeffers is particularly skilled at helping couples achieve a settlement that works for all parties, including the children. This helps clients avoid the time, stress and expense of a trial, as well as the uncertainty of not knowing how a judge will rule on these issues.
A NOTE ON COMMON LAW MARRIAGE
Kansas also recognizes common law marriage, which is a situation where two people are not formally married, but consider themselves to be married and have held themselves out as being married. Though it's not a traditional union, partners in a common law marriage can also seek a divorce under Kansas law.
DIVORCE ATTORNEY IN OVERLAND PARK, KANSAS
If you are considering a divorce, you will need a skilled family law attorney on your side. Jeffers Law Office is an ideal choice for anyone seeking a divorce in Overland Park, Kansas and the surrounding areas. Attorney Mark Jeffers will explain the facts and law of your case, including all possible options for resolving the matter, from an agreement to a trial. He will zealously advocate for you and work toward finding solutions that save you time, money and stress. Contact his office today to speak to Mark Jeffers about how he can help you.