Call Us Now
Email Us Now
Starting the divorce process can feel overwhelming, especially when you and your spouse disagree on important issues. In Overland Park and throughout Kansas, these disagreements can turn a straightforward divorce into a contested one. When emotions are high and solutions seem out of reach, it is natural to wonder what the future holds. A contested divorce means the court will decide on your behalf. This guide is here to help you understand the process, giving you a clear game plan for what is to come.
We know that ending a marriage involves more than just paperwork. It can be a traumatic experience, and we are here to handle the baggage so you can focus on what is important.
The First Steps: Filing and Service
A contested divorce in Johnson County, Kansas, begins with one spouse (the petitioner) filing a Petition for Divorce. At least one spouse must have resided in Kansas for 60 days. The other spouse (the respondent) is then formally served with the legal documents. A mandatory 60-day waiting period follows, during which temporary orders for child custody, child support, or residency can be sought to ensure stability.
A Deep Look at the Core Issues
In a contested divorce, the “legal battles” often center on three key areas: property division, child custody, and spousal maintenance. If you and your spouse cannot resolve these matters yourself, the court will step in to decide them.
Equitable Division of Property and Debt
In Kansas, the court will equitably divide marital property and debt. This means the outcome is fair and just based on the unique circumstances of your marriage, but not necessarily equal. The court will consider many factors when deciding how to divide assets and debts. These can include:
- The age of both spouses.
- The length of the marriage.
- The present and future earning capacities of each person.
- How each person acquired the property.
- Any squandering or dissipation of assets.
- Tax consequences.
The court divides all property and debts acquired during the marriage, regardless of whose name is on the title. This includes real estate, bank accounts, retirement plans, and business interests, as well as debts like mortgages, credit card balances, and car loans. Personal property brought into the marriage by one person is generally considered separate property.
Child Custody and the “Best Interests” Standard
When children are involved, their well-being is the court’s most important consideration. In Kansas, legal custody, residency, and parenting time orders must be in the child’s ” best interests.” A Kansas statute outlines many factors a judge must consider, including:
- Each parent’s role in the child’s life before and after the separation.
- The desires of the parents and the child, if the child is old enough to have a preference.
- The emotional and physical needs of the child.
- The child’s adjustment to their home, school, and community.
- The ability of each parent to respect the bond the child has with the other parent.
- Evidence of domestic abuse or other relevant safety concerns.
Kansas law does not favor either parent in custody decisions based on gender. Legal custody refers to who makes major decisions about a child’s health, education, and welfare. The court may award joint legal custody, where both parents share this responsibility, or sole legal custody, where one parent makes the decisions. Residency, often called physical custody, determines where the child lives.
If parents cannot agree on a parenting plan, the Johnson County Domestic Court Services may step in with resources like mediation. This allows you and your spouse to find common ground with a neutral third party before a judge makes the final decision.
Spousal Maintenance (Alimony)
Spousal maintenance, often called alimony, is financial support one spouse pays the other. A court does not guarantee that it will order it; instead, a judge will decide if an award is fair and reasonable to balance both spouses’ economic situations. The court considers the needs of one spouse and the other’s ability to pay.
Several factors influence the court’s decision, including:
- The length of the marriage.
- The age and health of each spouse.
- Their present and future earning capacities.
- The standard of living during the marriage.
In Kansas, a court-ordered spousal maintenance award is limited to a maximum of 121 months. However, divorcing spouses can agree to a longer term in a settlement agreement.
Reaching a Resolution
A contested divorce can take time. The legal process involves discovery, where each side gathers information, documents, and negotiations. If you and your spouse cannot agree on all matters, the case may proceed to trial. At trial, a judge will hear evidence and arguments from both sides before making decisions, which are formalized in a Decree of Divorce.
While the thought of a trial can be daunting, many contested divorces settle before reaching that point. Most couples find a way to compromise through negotiation or mediation, with the help of their legal teams.
We believe in making this complicated process as straightforward as possible. We educate our clients about their legal options and the steps ahead, then give them a clear game plan. Our team environment means multiple attorneys share perspectives and ideas to make the most effective use of our clients’ time and money. We advocate forour clients and provide solutions to complex, traumatic problems. We will handle the baggage so you can focus on what is essential.
If you are facing a contested divorce, call us today at 913-514-0909 to schedule a consultation.