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 or 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 is not necessary to prove that one party was at fault for the breakdown of the marriage. In practical terms, this means:
- Evidence of misconduct (such as adultery) is usually not relevant.
- Evidence of misconduct can be admitted to show that it caused assets to be depleted.
Divorce is proven when one of the grounds for marriage is shown, including incompatibility, failure to perform a material duty or obligation, or incompatibility by reason of mental illness or mental incapacity.
Either person can file a petition for a divorce, in the county where at least one spouse lives. 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 and support and alimony.
Helping You in All Situations
At Jeffers Law Office, we are experienced at all phases of divorce litigation, from filing suit to mediation and trial. We can assist our clients with each step of the process, including:
- Separating property and debts
- Establishing child 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.
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. 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. We will explain the facts and law of your case, including all possible options for resolving the matter, from an agreement to a trial. We will zealously advocate for you, and work towards finding solutions that save you time, money and stress. Contact our office today to speak to Mark Jeffers about how he can help you.