Central Kansas Divorce Attorneys
by Cottonwood Law Group, LC
updated on May 10, 2019
7 Steps To Filing A Divorce In Kansas
1.) Talk With Your Spouse And Family.
Talk with your spouse, talk with your pastor, talk with a family member. It’s a big life decision. But if you feel like it may be the right thing for you, make an appointment and call to talk with an attorney at (620) 266-1233.
2.) Hire A Kansas Divorce Lawyer.
This is one of the most important events in your life. Take some time to meet with Josh Boehm for a consultation. During this consultation be sure that your personalities will match and expectations are set so you feel comfortable and well educated about the process.
It is important to know a lawyer can only represent one side. But, both parties don’t have to have their own lawyer. The person with a lawyer can file for divorce and have their attorney draft the settlement agreement. The other person is acting “pro se,” and cannot receive legal advice from the other party’s attorney.
While an attorney is only representing one party, it is possible for a divorce to go through.
3.) Declare An Appropriate Ground For Divorce.
In the initial paperwork, you must provide a ground for requesting a divorce.
Kansas recognizes both “no-fault” and “fault” grounds for divorce.
No fault means you and your spouse are no longer compatible.
Fault means failure to perform a material marital duty or obligation or incompatibility by reason of mental illness or mental incapacity of one or both spouses.
4.) Complete The Appropriate Forms And Pay The Required Fee(S).
You will need to complete the appropriate forms. These forms may include Civil Cover Sheet, Domestic Relations Affidavit, Motion for Temporary Orders and Petition for Divorce. If you have children you will also need to complete a Parenting Plan.
5.) File A Petition For Divorce.
The parties to a divorce action are called the “petitioner” (the spouse that files for divorce) and the “respondent” (the other spouse who must file an answer to the petition).
The petitioner or respondent in an action for divorce must have been an actual resident of the state for 60 days immediately preceding the filing of the petition.
Notify your spouse. Once the Respondent has been served, he or she must then file a response with the same court. The respondent typically has 21-30 days to answer. Once this response has been filed, the couple must wait 60 days before they can go to trial.
6.) Negotiate A Settlement.
Lawyers begin requesting “Discovery” from each other, which can include providing pay stubs, tax returns, retirement statements, home appraisals, mortgage statements, personal property appraisals.
You are entitled to get a very detailed accounting of financial and property information from an opposing party, as well as their opinions and calculation regarding the award of child custody and child support.
Typically during this time, both parties will create a settlement agreement. This agreement includes division of the marital assets, spousal maintenance, child custody and child support. If the agreement is considered fair the court will approve and include the agreement into the divorce decree after the 60 day waiting period.
7.) Final Divorce Decree And Marital Settlement Agreement.
If the petitioner and respondent can come to an agreement there probably won't be any need for a contested hearing.
When children are involved a parenting plan detailing custody and physical time spent with each parent will be included.
Both parties have 30 days to appeal the divorce decree. You will be unable to marry until the 30 days have lapsed.
The Most Common Expenses In A Divorce.
While everyone understands that there are costs involved in getting a divorce, few realize what actually makes up these costs. Below are some of the most common expenses that are incurred by both parties in divorce proceedings.
Hiring an attorney such as Josh Boehm is almost always a necessity for those going through a divorce. It’s generally not recommended for a person to try to handle the legal side of their divorce on their own, as doing so requires in-depth legal knowledge that the average person simply couldn’t possess without formal legal training. With that being said, just because a person hires an attorney to handle their divorce doesn’t mean that they’re automatically out of a lot of money.
DETERMINING CUSTODY DETAILS
When it comes to divorces in which children are involved, certain additional costs will become necessary for the purpose of determining the best possible custody arrangement. These costs could include therapy sessions for children, time with mediators and child custody evaluations
In addition to the hourly costs associated with hiring an attorney for a divorce, filing court documents such as motions and petitions will create additional fees that need to be paid. Especially for a prolonged divorce that runs into a series of complications over time, these expenses can become quite substantial.
Evaluating the current financial circumstances of both parties is one of the integral parts of any divorce.
The purpose of such evaluations is to ensure that everyone involved in a divorce finds themselves reasonably financially secure once the proceedings come to a close.
Financial evaluations during a divorce are often performed by accountants, tax specialists and attorneys, who are in charge of gathering financial data and documents to create a full picture of a couple’s finances. These are just a handful of the most common expenses that people experience during a divorce.
Helpful Tips When Dividing Assets In A Divorce
Whether you have been married for two years or 20 years or longer, your assets are likely co-mingled with your spouse.
During a divorce, you must find a way to agreeably divide the assets in a manner that is legal according to the laws of your state and that is equitable or fair to both parties. You first should speak with Kansas Divorce Attorney Josh Boehm regarding the laws in your state to obtain some initial guidance on how to divide assets.
This information will help you to determine the initial steps you need to take to legally divide your belongings.
VALUE ALL OF YOUR BELONGINGS
After obtaining legal guidance regarding the division of your assets, prepare a list of all of the belongings that you and your spouse own. This may include cars and real estate, a boat or other recreational vehicle, furniture in the home, artwork, jewelry, and anything else that has financial value.
This can be a lengthy list, so you should review it several times to ensure that you have created a complete list. If possible, work with your ex to prepare the list so that nothing is omitted unintentionally and so you both agree on the estimated value of the items.
If you cannot agree on the value, you can obtain an appraisal.
DETERMINE WHAT CAN BE LIQUIDATED
It is far easier to divide cash in an equitable manner than to divide non-liquid assets, therefore you may find that you need to liquidate some of your assets. There may be items you won’t want to liquidate, such as the vehicles that you and your ex drive on a daily basis.
On the other hand, there may be no other way to justly divide the assets without liquidating some of the larger or more valuable items, such as a house. Make a list of what you want to liquidate versus those you do not plan to liquidate and move forward with your liquidation plans.
PREPARE A FINAL SPREADSHEET FOR YOUR ATTORNEY
After you have liquidated all you intend to, you may find that it is easier to divide your assets equitably. Kansas Divorce Attorney Josh Boehm will need a final spreadsheet of your assets to prepare the divorce decree, so update your initial spreadsheet to show who is to retain each item or how much of the liquid cash each party will receive.