Kansas City Divorce Lawyers

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Joseph, Hollander & Craft’s Kansas City divorce lawyers know that going through a divorce can be one of the most difficult challenges you will face in a lifetime. Decisions made in a divorce proceeding can impact your family’s well-being and your finances. Our top-rated divorce attorneys know what it takes to navigate the complex proceedings of a divorce and help you find peace in the process.

How to Prepare for a Divorce

Knowing what to expect during a divorce case can help to ease your mind about what lies ahead. Our experienced team of divorce lawyers in Kansas City can help prepare you.

Gather the Necessary Financial Documents

Divorce requires gathering the right financial paperwork to demonstrate everything from your income to your assets and liabilities. It can seem like an overwhelming amount of information to compile, but taking the process one step at a time will make a big difference and ensure that you do not forget anything.

It will be helpful to provide your attorney with your last three years of tax returns, as well as credit card and bank statements from the past several months. If you do not save your statements, or if you receive them digitally, you can request paper copies from the appropriate financial institutions or, for tax returns, directly from the IRS.

You will also need to be able to determine your monthly expenses, which may include but are not limited to:

• Rent or mortgage
• Utilities, like gas, electric, and phone bills
• Cell phone plans
• Insurance (health, life, car, etc.)
• School and childcare expenses
• Medical expenses
• Cable television or digital subscription services
• Food

List Your Assets

You must also be able to list all assets you own and that you and your spouse share, including all bank and retirement accounts, stocks, joint real estate, and cryptocurrency. We recommend keeping everything in a safe location where you will be able to easily access it.

Divorces Involving Children

Divorce proceedings can be more complex when minor children are involved. There are more issues to address–such as who will make decisions about the children (legal custody), where the children will live (physical custody or residency), and when the children will spend time with each parent (parenting time or visitation).

If you and your spouse can reach an agreement on these issues, your lawyers can work together to create a parenting plan for the judge to review. If you do not agree, your lawyer can prepare evidence and arguments to support your requests at trial.

Particularly in divorces involving children, it is a good idea to avoid posting anything about the divorce or your spouse on social media. Your posts may ultimately be used against you in court.

Our Kansas City Divorce Lawyers Have Experience in All Matters of Divorce

We have successfully represented individuals in everything from simple and uncontested dissolutions, when spouses agree about every issue, to highly contested litigation, where everything is in dispute. No matter the scope, difficulty, or obstacles of your divorce, we are dedicated to helping you achieve your goals. In addition to dissolving the marriage, the skilled attorneys in our Kansas City office will help you with:

Property Division

Our top-rated divorce attorneys focus on ensuring your assets and ownership interests are divided in a manner that is just and equitable. Property subject to division in a divorce may include your home, business, bank accounts, pensions and other retirement plans, and vehicles. Associated debts will need to be divided as well.

We adeptly manage the legal issues that arise with property division, including complex issues involved in high net worth divorces and divorces involving closely held businesses. Our divorce lawyers listen carefully to what you want and need and devise a legal strategy that reflects those goals. Once your divorce is finalized, we can also help with the transfer of assets awarded to you by preparing titles and deeds.

Alimony / Spousal Maintenance

Referred to by many as alimony, spousal maintenance is a court-ordered payment from one spouse to another spouse. It is generally intended to assist a spouse who did not work outside the home during the marriage or a spouse who earns less—to ensure appropriate provisions for his or her financial needs after the divorce. We are well-versed in the factors the court will consider in making decisions about spousal maintenance awards.

We will advise you regarding the likelihood of such an award in your case and whether negotiating for the provision of spousal maintenance is in your best interest. We will also help you understand the risks and benefits of ongoing spousal maintenance in Kansas City.

Child Custody, Residency, and Parenting Time

When a couple with minor children divorces, the divorce court will enter orders governing how and how much each spouse may interact with the children and with whom the children will reside. These child custody orders govern who can make decisions about important issues like the children’s healthcare and education; who the children will live with; and how much time the children may spend with each parent. The court will make these decisions based on the best interests of the child.

When it comes to sensitive issues, you can trust Joseph, Hollander & Craft to provide candid and compassionate advice about what to expect and how to make your best case in or out of court.

Child Support

Child support orders require one parent to pay another parent a certain sum for the financial maintenance of a child. Child support is based on each parent’s income, the number and needs of the children, and relevant expenses. Parents can negotiate certain aspects of child support, including provisions for special needs.

Litigation that involves children can continue long after a divorce decree, as there may be issues with untimely payments, and the court retains jurisdiction to modify a child support order after it has been entered. Our firm works to obtain a fair child support order in initial divorce proceedings and assist parents with child support issues that arise after the divorce has been entered. We can advise you regarding how the court will calculate child support on its own, what is negotiable, and when a modification is appropriate.

Reasonable Negotiators and Fierce Advocates

Our Kansas City divorce lawyers are reasonable negotiators and fierce advocates when it comes to defending and negotiating spousal support and division of property. In marriages with children, we fight tirelessly to ensure your child custody, parenting time, and child support interests are fully realized. To conserve time and resources, we frequently utilize mediation or settlement negotiations before turning to trial.

However, in the event a settlement cannot be reached, our litigators will fight zealously for you in the courtroom. Whether you have already received divorce papers or are considering filing, we can help. Call us today.

Kansas City Divorce Attorney FAQs

Do I have to legally separate before getting a divorce?

Formal legal separation is not a prerequisite to divorce in Kansas or Missouri.

Missouri does impose a 30-day waiting period to allow sufficient time for spouses to determine whether they truly want to divorce. During the waiting period, the divorcing couple is supposed to live separately, although the spouses may “live separately” within the same house.

In Kansas, couples must wait at least 60 days after filing to obtain a final order of divorce. The rationale for the wait is the same. It is to provide a “cooling off period” to ensure divorces are not entered rashly or in anger.

How long do I have to be married before I can receive alimony?

There is no set number of years you must remain married when it comes to receiving alimony in Missouri or Kansas, although the length of your marriage is an important consideration the court will weigh when deciding whether to order alimony. The court will also consider both spouses’ standards of living, income, contributions to the marriage, age, and ability to find employment, among other things.

Is no-fault divorce an option?

Yes. Missouri is a no-fault divorce state, and so is neighboring Kansas. In Missouri, your divorce petition need only say that the marriage is irretrievably broken. A Kansas divorce petition can simply allege incompatibility. These are the most common grounds for divorce.

However, there are other grounds for divorce, such as failure to perform a marital duty and incompatibility due to mental illness or incapacity. Our divorce lawyers can explain the various grounds for divorce and how they can impact the ensuing legal proceedings.

How is property division handled?

In a divorce case, spouses can divide assets via an agreement or via the court system. A judge will divide property after considering several key factors, including:

• The length of the marriage
• How the property was acquired
• The earning capacity of both spouses
• The potential tax consequences of property division
• Any alimony agreements or orders

Both Kansas and Missouri follow the principle of equitable distribution, which means marital assets are divided fairly, though not always equally. Your lawyer can explain this law to you in more detail.

Do I have to go to court for an uncontested divorce in Kansas City?

If both parties to a divorce case are represented by lawyers, it is possible to finalize an uncontested divorce without appearing for a court hearing. However, certain issues may necessitate a brief appearance, or the judge may want to make an in-court record of certain agreements.

Divorcing spouses who are not represented by attorneys will be required to appear in court even if their divorce case is uncontested.

Does it matter who files for divorce?

Filing for divorce first does not give you any more rights than your spouse. However, doing so can give you some more control over the situation. In instances where more than one county or state has jurisdiction over the marriage, the person filing first may have the benefit of choosing where to file—thereby choosing what law or local rules will govern the case.

Filing first may also give you more time to prepare for what happens next (i.e. having a better sense of the timeline of future court dates, discovery deadlines, etc.). In Kansas, you may also have the first opportunity to file temporary orders, such as orders about who may possess certain property (like the marital home), orders prohibiting the sale of certain property, or orders establishing child custody, child support, or spousal maintenance. It is important to note that these orders are not permanent, but they may affect how matters are handled while the divorce is still being litigated.

Will I get spousal support/maintenance?

The short answer is: it depends. Every marriage brings about unique circumstances that courts will factor into a maintenance determination. Even when maintenance is ordered, the amount and duration of maintenance differ in each case and may even be modified as the parties’ circumstances change.

In Kansas, courts look at many different factors when determining maintenance. However, the weight a court gives to each factor is largely left up to the discretion of the judge. A judge might look at the length of the marriage, each party’s earning potential and resources, each party’s age, the standard of living the parties were accustomed to during the marriage, and other factors the court deems relevant. Maintenance may not be ordered for any period longer than 121 months, though in rare instances a maintenance determination may be reassessed after 121 months if the judge so orders.

In Missouri, courts look at various factors when determining maintenance as well. However, the time limit for maintenance is very different. In some instances, where the court finds that a spouse has a significant need, permanent maintenance may be ordered even until retirement age.

How much does a divorce lawyer in Kansas City cost?

No two cases are alike. Complex divorces generally require more time and paperwork, which can increase the total cost of the retainer. To make sure you have a good idea of what to expect from the process, contact us for a consultation, where one of our family law attorneys will provide an overview of costs and fees to expect in your case.

Do You Have a Kansas City Divorce Attorney Near Me?

Joseph, Hollander & Craft’s Kansas City office is located off the corner of 10th & Cherry Street, close to the municipal courthouse and the Jackson County Courthouse. We also maintain offices in Overland Park, Lawrence, Topeka, and Wichita.

Talk to our Kansas City Divorce Lawyers Today

Joseph, Hollander & Craft offers dependable legal services with a focus on protecting our clients’ rights. We have decades of experience guiding those seeking both uncontested and contested divorces in Kansas. Contact our team today to schedule a consultation and learn more about our proven approach to handling spousal separation.