Regardless of whether your divorce is contested or uncontested, you may have to prepare yourself for an unpleasant time. After all, you are ending a marriage that you, at one point, thought was going to last forever. It can take a lot of emotional and mental strength to come to terms with the end of a marriage. You are about to endure a lot of life changes, many of which you may not be ready for. A Topeka divorce lawyer can help you stay focused throughout.

It’s okay to feel betrayed, lonely, angry, and even scared about everything you are going through. Don’t be afraid to ask for help from friends and family. The emotional fallout of a divorce can be substantial. If you are struggling, consider reaching out to a local support group like a chapter of DivorceCare.

Throughout the divorce process, you should do what you can to protect yourself and make sure you don’t miss any vital deadlines or paperwork. That’s where a divorce lawyer comes into play. They can take care of the finer details of the legal process while you focus on regrouping for your future, which may involve being there for your kids.

Getting Divorced in Kansas

As you navigate the divorce process, it’s okay not to have all the answers immediately. You are going to make mistakes. You are going to second-guess yourself frequently. There may be terms you don’t understand and deadlines you forget about. Keep in mind that you are going through something monumental that you may never have expected to deal with. Take comfort in your lawyer’s help and rely on them for the more complicated elements. Protect what you can.

Remember, your divorce is not just about you. It’s going to impact every aspect of your life, including your social circle, your work-life balance, your extended family relationships, and especially, your kids.

Divorce is much more than a signature on a form. Depending on how long you were married, disentangling two lives can take a great deal of time. You may have to open new bank accounts, review your estate plan, block phone numbers, and figure out custody arrangements.

According to information collected by the CDC, Kansas has one of the lowest divorce rates in the country, at only 1.9 per 1,000 residents as of 2022. The marriage rate has been much higher in recent years, with recent data listing it at 5.3 per 1,000 residents, according to the Kansas Department of Health and Environment.

The Important Elements of Your Divorce

If your divorce ends up being relatively uncontested, there’s a strong chance your divorce could go more smoothly for you. Unfortunately, contested divorces are also common, and they can be quite difficult to deal with. Various elements of your divorce must be addressed and dealt with as they come. If you can’t reach any agreement on these elements with your spouse, the court will do it for you. Here are some of those elements:

  • Asset division: While asset division in Kansas is generally done through an equitable distribution model, the court will consider any agreement you and your spouse are able to reach together. If no agreement can be reached, the judge presiding over your case will divide all marital assets as equitably as possible, and that may not always mean an equal split.
  • Spousal support: It’s important to keep in mind that spousal support, or alimony, is not automatic in every divorce. If the higher-earning spouse makes considerably more money than the lower-earning spouse, the court will likely grant alimony to the lower-earning spouse for a specified amount of time. If both spouses make similar incomes, this may not be necessary.
  • Custody arrangements: One of the most emotionally volatile elements of a divorce is figuring out custody of the children if you share children with your spouse. Generally, the court wants the parents to work out a parenting plan and custody arrangement amongst themselves. If the court needs to get involved, things can get quite messy. The judge is required to do what’s right for the child above all else.

FAQs

Q: Do I Need My Spouse’s Permission to File for Divorce in Kansas?

A: No, you are not required to get your spouse’s permission before filing for divorce in Kansas. Kansas is a no-fault divorce state. That means that anybody who is married can file for divorce without having to list a reason for the breakdown of the marriage. If you wish to move forward with a divorce, that is your decision to make, independent of your spouse.

Q: Which Parent Will Get Custody in Kansas?

A: Neither parent will automatically be granted custody in a Kansas divorce. The court takes many contributing factors into consideration before granting custody to either parent. Mothers and fathers are seen as equal parents with equal responsibilities toward their children. The court will consider each parent’s financial situation, any history of abuse or neglect, and which parent can provide the most stability, among other factors.

Q: Is a Divorce Lawyer Needed in Kansas?

A: Technically, you are not required to hire a divorce lawyer in Kansas. If you feel you are comfortable enough in the process to handle it yourself, feel free to do so without legal representation. However, divorce cases are rarely that straightforward. You never know when setbacks could arise that could completely derail your case. Having someone on your side who can prepare for that can be a significant help.

Q: How Long Will My Divorce Take to Finalize?

A: It’s hard to predict how long your divorce may take to fully finalize. Every divorce case has its own unique factors that could add to the total time your case will take. Those factors include the complexity of your case, your spouse’s willingness to compromise on certain elements, and whether there are certain high-value assets involved. Ultimately, the length of divorce cases varies considerably.

Contact Us Today

At Stange Law Firm, we can help you determine the right course of action for your divorce. Contact us to speak to someone on our team.