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The Right Time to File for Divorce

When is the right time to file for divorce? Most generally, if you are unhappy in your married relationship, the time is now.   Happiness is part of mental health, and it’s not healthy to stay in an...

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Divorce in Kansas

     Divorces are always emotional; and can be easy or complicated, depending mostly on the parties (and sometimes on the attorneys).   You will most likely have a better outcome in divorce if you are represented by an Attorney familiar with the law, the Courts, and your needs following divorce.

     If you are no longer compatible with your spouse – conflict in your personalities or temperaments that make it impossible to continue the marital relationship- you may be divorced in the State of Kansas.  That is the basis for a no-fault divorce.  When there is egregious conduct, the law also allows divorce for “fault.”    Every divorce filing should be based on the specific facts of your individual situation.

     The role of the Court is to (1) grant a divorce, (2) divide the assets and debts between the divorcing couple, and (3) address support needs of the parties and any children.

     The Court’s duty is to make orders meeting the “best interests” of any children, and making “a fair, just and equitable” division of debts and assets.   Maintenance orders (alimony) are based on the needs of the requesting party as balanced against the other party’s ability to pay.

     The specific facts of your situation will determine how those decisions are made.  That is why it is critically important that Your opinions and Your needs be well-presented to the Court.

     Kansas residents can legally be divorced 60 days after filing the Petition for divorce, although it normally takes longer than that (and can be faster in emergency situations).  The time needed will depend on the nature of the parties’ assets and debts, and the degree of conflict between the parties.  Most divorces with contested issues take months longer to resolve.

     Ultimately, either the parties come to an agreement on all issues of the divorce, or a Court must hear evidence and then make orders on the disputed issues.  Those agreements of the parties or orders of the Court will greatly influence the next part of your life: where you will live, where your children live and go to school, what property you continue to own, what debt you owe, and what you are paid or what you pay in support for a spouse and/or your children.  Therefore, your participation, and how you participate in the proceedings, is of great impact.

     Divorce is not just the end of a relationship; it is also the beginning of an entirely new chapter in your life.  Make sure you are well represented at this important crossroads in your life.  You are encouraged to contact WichitaDivorce or another attorney of your choice for a consultation regarding whether and how divorce might impact and potentially improve your life.