OVERLAND PARK,KANSAS family law attorney
Attorney T. Morton is here to ensure you are fully informed and represented in your family law case. Having an attorney offers you an opportunity to delegate your legal concerns and move forward in other parts of your life. Not only that, having an attorney ensures that you are not blindly agreeing, accepting or allowing things without your voice being heard. Below are just some of the services offered, and answers to frequently asked questions.
WHAT ARE LEGAL REASONS FOR DIVORCE IN KANSAS CITY, KANSAS?
There may be a story behind your desire to divorce. That simply gives context to your legal grounds for divorce. Grounds for divorce in Kansas typically are:
- incompatibility (no fault),
- failure to perform a marital duty, and
- incompatibility by reason of mental illness or mental incapacity of you or your spouses.
HOW MUCH DOES A DIVORCE COST IN KANSAS?
No divorce cases are the same; therefore, the costs from case-to-case can vary greatly. The more complex your case, the more your costs will be. You can reduce your costs by coming to agreements outside of court, and without attorney intervention.
DO YOU HAVE TO HAVE A LAWYER TO FILE FOR DIVORCE?
You certainly are not required to have an attorney to file divorce in Kansas. You can represent yourself from start to finish; however, this office suggest you hire a lawyer if any of the following apply to you:
- Your spouse has hired counsel;
- The parties don't agree on major decisions (ex. custody, division of assets, etc.);
- There are simultaneous criminal allegations, protection from abuse request/orders, or DCF investigations;
- There is a question of Kansas' jurisdiction;
- Pre-nuptial or post-nuptial agreements exist;
- Either party is high net worth;
- Tax or bankruptcy concerns;
- Alimony or spousal support are involved; and/or
- Minor children, or adult children in need of care, are part of the marriage.
IS KANSAS A FAULT OR NO FAULT DIVORCE STATE?
Nearly all divorces are granted, in Kansas, without a finding of fault. There are some instances where you need a finding made (ex. infidelity that impacts pre-nuptial agreements) but these are not typical.
WHO GETS WHAT IN A KANSAS DIVORCE?
There are a number of things the Kansas court will consider when determining how to divide assets and debts. Some of the most common things considered are:
Remember: Hiding, concealing, relinquishing, selling, disposing, changing titles to, withholding, exhausting/depleting, misrepresenting, allowing another to gain title or control over, or otherwise failing to be forthcoming about all property, cash, assets, debts, accounts, etc. can later cause you to face contempt charges (and maybe criminal charges) and cost you dearly (through sanctions or orders of the court). There is a two year look back period that the court can consider when determining appropriate division entitlement.
- Length of marriage;
- How and when the property was acquired;
- Spousal support/alimony entitlement;
- Individual earning capacity;
- Debts owed;
- Possession and use (ex. cars, homes, etc.);
- Tax implications; and
- Inheritance relationship to property.
Remember: Hiding, concealing, relinquishing, selling, disposing, changing titles to, withholding, exhausting/depleting, misrepresenting, allowing another to gain title or control over, or otherwise failing to be forthcoming about all property, cash, assets, debts, accounts, etc. can later cause you to face contempt charges (and maybe criminal charges) and cost you dearly (through sanctions or orders of the court). There is a two year look back period that the court can consider when determining appropriate division entitlement.
HOW LONG MUST YOU BE MARRIED TO GET ALIMONY IN KANSAS?
There is no bright line drawn about the number of years you must be married to be entitled to alimony. However, the longer the better, and the more likely you will be awarded some support. Some of other factors the Kansas divorce court will consider are:
In Kansas, unless the spouses agree otherwise, alimony will stop when any of the following occurs:
- Disparity in earning or earning potential;
- Lifestyle established during the course of the marriage;
- Age and abilities of each spouse;
- Earning norms in the marriage (ex. Is one spouse the homemaker?);
- Age and needs of children;
- Education and potential earning capacity of each spouse;
- Extraordinary needs of a spouse; and more.
In Kansas, unless the spouses agree otherwise, alimony will stop when any of the following occurs:
- 121 months of support have passed;
- The receiving spouse remarries;
- Either spouse dies.
HOW LONG DOES IT TAKE TO GET DIVORCED IN KANSAS?
You are not required to live separated from your spouse, for any period of time, before being granted a divorce. So long as the 60 day "cool off" period has passed, after filing divorce, you can be granted your request. Be aware that most divorces, even uncontested ones, generally take longer than 60 days.
DO YOU HAVE TO GO TO COURT TO GET DIVORCED?
You may be able to avoid a formal hearing if you are filing an uncontested divorce. If you or your spouse disagree about anything, or either of you have an attorney, you will likely have a least one court date. The more complex the matter, the more court you can expect to attend.
can you serve your spouse with divorce another way?
Proof of service must be filed for your divorce to be granted. If regular process service has not worked, you may need to serve your spouse with notice of filing divorce another way. First, consider service through the sheriff (if you tried a regular process server or another adult). Next, make sure you can show every effort you made to execute service. Finally, send a certified letter to the last known address. Then you may be able to serve through publication. Ideally you will want to avoid service by publication because default judgments can be later reconsidered.
CAN YOU REMARRY OR DATE DURING A DIVORCE?
Divorces can take many months and in some cases years. Dating, after separation, technically can begin immediately. You cannot remarry until after the final divorce decree is signed by the judge.
WHAT IF YOUR SPOUSE DOESN'T WANT THE DIVORCE?
Whatever the reason your spouse doesn't want to end the marriage doesn't matter. In Kanas, you can file your divorce petition and later be granted a divorce, over your spouses objections. Simply having lack of compatibility is grounds enough to sever your relationship. If your spouse avoids service, fails to attend court, or even objects, the Kansas court system is built to ensure timely end to the relationship.
out of state military filing divorce in kansas
This is a question of jurisdiction that many military families struggle with. If you, or your spouse, resided in Kansas for the past 60 days, you can file your divorce in Kansas. So long as that time of residency is established, Kansas can have jurisdiction over the divorce. Yes! That is even if you were married in another state/country, you have moved since that time, or you have to move in the near future.
Remember: If you have children and a custody order was issued outside of Kansas that state may maintain jurisdiction over them. There are exceptions to that rule, about which you should seek legal advice.
Remember: If you have children and a custody order was issued outside of Kansas that state may maintain jurisdiction over them. There are exceptions to that rule, about which you should seek legal advice.
DOES IT MATTER WHO FILES FOR DIVORCE FIRST?
Technically it does not matter who files for divorce first. However, there are some strategic advantages to being the first to file in Kansas. It may be because you want to select the court or jurisdiction. It may be because petitioner always speaks first and last in court. It may be because you need to get emergency orders before more problems arise (ex. liquidation of assets, possession of the home, temporary custody or support orders, etc.). While the Court process will follow the normal path, regardless of who files first, you should talk to a Kansas divorce attorney to create a plan.
DOES COMMON LAW MARRIAGE EXIST IN KANSAS?
Even if your did not get a Marriage Certificate, you may still be married in Kansas. This is called common law marriage. If you and your significant other breakup and move on most states won't care. Establishment of common law, and the need for divorce, often arises when the spouses need to resolve parts of their relationship that boyfriends and girlfriends don't (ex. alimony, entitlement to property/assets, requirement to maintain insurance, etc.). Here are some of the things the Kansas courts will consider when determining the existence of common law marriage:
- both of you must have been able to be married (capacity);
- both intended to be married; and
- you presented yourselves as married to the general public.
PRACTICE AREAS
DIVORCEPROTECTION FROM ABUSE (PFA)
- Requests for PFA for self and/or children
- Defense against temporary or permanent PFA orders
- Child and Family Services PFA
- Paternity establishment
- Initial custody orders
- Visitation change or increase
- Requests to modify orders
- Relocation
- Adoption of out of state orders
- Establishment of child support (initial orders)
- Modification of existing orders (change in circumstances)
- Calculation in support owed
- Enforcement of child support orders
- Child abuse/neglect
- Domestic violence charges
- False allegations (sex abuse, child abuse, neglect, etc.)
- Emergency custody orders and placement
- Defense against allegations
YOU NEED AN ATTORNEY
You need to know what to do next to get the best possible outcome in your case. The quicker you get ahead of your case the better outcome you can expect. Call now for to schedule a consultation- 913.602.7288.
You need to know what to do next to get the best possible outcome in your case. The quicker you get ahead of your case the better outcome you can expect. Call now for to schedule a consultation- 913.602.7288.
GET THE HELP YOU NEED
Without the help of Kansas City, Kansas attorney, it is likely that your case will not go in your favor. Attorney T. Morton can determine if you are being treated fairly and tell you your options. Call now 913.602.7288
WHY HIRE THIS ATTORNEY
- PRICE - Fair and reasonable.
- QUALITY - Expect diligence in handling and resolving of your case, and communication.
- DELIVERY - You deserve ongoing interaction and involvement in your case. Attorney T. Morton will make sure to provide you with legal services you are satisfied with.
- RELIABILITY - You will have a clear idea what to expect. Attorney T. Morton will earn your trust through accurate, clear, honest and caring handling of your case.
- EFFICIENCY - The timely resolution of your case is important to you and this office.
This is a Kansas City, Kansas law office and you are number one. You are experiencing a difficult time. You need answers to your questions. Attorney T. Morton will handle your case with care and attention. Take action and call now for your consultation 913.602.7288.
Serving Overland Park, Kansas City, Johnson County, Douglas County, Leavenworth County, Wyandotte County and all of Kansas.
FREQUENTLY ASKED QUESTIONS
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CAN YOU MEET OUTSIDE OF THE OFFICE? Absolutely! Typically consultation and the initial stages of your case are handled over the phone/video conference. CALL NOW 913.602.7288.
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WHEN SHOULD YOU GET AN ATTORNEY? Today! You are going into battle and you shouldn't do it alone or unarmed. There are critical deadlines, conversations, etc. that could make or break your case. Before you decide to accept any offers, or give statements, call for a consultation. Attorney T. Morton can help guide you. Call today @ 913.602.7288.
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Contact7500 College Blvd., Suite 500 (by appointment only)
Overland Park, KS 66210 Phone: 913.602.7288 Fax: 913.624.3311 Google Map Link |
Practice Areas |
Serving Johnson County District Court in Kansas City, Kansas.
Copyright, T.Morton 2017. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing it does not constitute, an attorney-client relationship.