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What to Expect in Divorce?

Kansas Compassionate Counselors Guide You Through The Divorce Process and Expectations

Separation and timing are vital components to an effective strategy

Divorce is often not only emotionally devastating but also financially disruptive. With your future economic well-being at stake, it is important to have an experienced, knowledgeable attorney to guide you through the process. At The Henry Firm, P.A., with offices in Overland Park, Kansas, we represent spouses in all aspects of divorce, a process that typically begins with separation and ends with asset division and ongoing support obligations.

Knowing the basics of seeking a Kansas divorce

In order to file a divorce action in Kansas, either you or your spouse must be a resident of Kansas for at least 60 days. There are other residency requirements if there are children of the marriage. Further, there is a 60- day waiting period between filing the initial paperwork in a divorce and when it can be finalized, unless there is an emergency that requires the divorce be granted sooner.

A divorce can be completed in as little as 60-days, so long as both parties agree entirely on everything. In reality, a lot of factors affect the timing on a divorce, including:

  • The amount of assets at stake
  • Whether children are involved
  • The parties’ cooperation
  • The skill and care of the attorneys
  • The court’s requirements
  • The court’s calendar

If you want to finish the process quickly and at the lowest cost possible, it is important to cooperate with your ex-spouse and find an experienced attorney who can guide the case on your behalf to a quick resolution.

Assisting clients at all stages of divorce proceedings

The first step in a divorce should be to consult a competent family law attorney. Given all that is at stake, from custody to finances to retirement, retaining an experienced attorney can be critical to your decision-making. Before meeting with a lawyer, however, gather information on your finances and accounts, property and tax returns so that you can have an informed conversation.

When one party is ready to move forward with a divorce, the first step is typically the filing of a petition. The other party will file a response if they contest any part of the divorce, such as division of assets, spousal support, child support and child custody. Evidence will be gathered and exchanged, as will settlement offers. Most cases do settle, but if not, a judge will determine the spouses’ respective rights concerning children and property. After a divorce judgment is entered, there may be additional hearings and court orders in the years to come concerning enforcement and modification of support and custody provisions.

The process is lengthy, and just as important, it is emotionally trying. It is important to have both reliable legal counsel and a personal support system, such as friends or family.

Children’s best interests are predominant in a divorce

When there are children of the marriage, their welfare takes a central place in the determination of many aspects of a divorce. Courts favor the spouses coming to terms on their own concerning child support, custody and visitation arrangements, sometimes by recourse to mediation. If the parties cannot agree on these issues, the parties will ask a court to make temporary orders while the divorce is pending. The process repeats for the final divorce decree when the judge or parties determine a permanent arrangement for custody and support. Should circumstances change after the divorce is final, the court can modify support or custody obligations. We can assist you in all aspects of establishing and effectuating a workable custody and support plan.

The first step in a Kansas Divorce is getting the right lawyer for your family

At The Henry Firm, our team of experienced family law attorneys prioritizes securing your rights in all aspects of a divorce. We can assess your case quickly and reliably, and provide support to you during this trying time. To schedule a consultation with one of our attorneys, call 913-381-5020 or contact us online.

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