Lawrence Divorce Lawyers

Home » Lawrence Family Law Attorneys » Lawrence Divorce Lawyers

Joseph, Hollander & Craft’s Lawrence divorce lawyers know that ending a marriage is emotionally stressful. We want to make the legal process as stress-free as possible. We endeavor to support and guide our clients through their divorce proceedings by learning about their needs and developing a case plan suited to their objectives. When you are making significant decisions for your finances and your children, we are your counselors and advocates — dedicated to advising you on your options and protecting your rights.

How Our Divorce Attorneys in Lawrence Can Help

Joseph, Hollander & Craft’s Lawrence divorce lawyers represent clients in divorce proceedings that run the gamut from simple to complex. We assist clients with:

• Uncontested Divorce
• Contested Divorce
• Divorce Litigation
• Divorce Planning
• Collaborative Divorce
• Business Owner Divorce
• High-Conflict Divorce
• High-Asset Divorce

Regardless of your particular situation, you can rely on our divorce attorneys in Lawrence to treat you and your case with respect and discretion.

Property and Asset Division in Lawrence, KS

All marital property is subject to division in a divorce. The Kansas standard for property division is “fair and equitable,” and different factors are evaluated to determine the division of marital property. Common property subject to division in a divorce proceeding may include your home, bank accounts, pensions and other retirement plans, and businesses. Debts will also be divided using the fair and equitable standard.

Joseph, Hollander & Craft’s Lawrence divorce lawyers can manage the legal issues associated with your specific asset and debt division in your divorce case. We can help you determine what is deemed marital property and what is not in the eyes of the court. Often, complex issues can arise in high net worth divorces or when businesses are involved. Our divorce lawyers will carefully examine all the relevant facts and documentation to understand your goals and determine the best legal strategy for your case. At the conclusion of the divorce, we can assist you in the transfer of assets by preparing titles or deeds.

Seeking Spousal Maintenance

Spousal maintenance is a court-ordered sum one spouse pays to the other. Spousal maintenance is also referred to as alimony. It is determined based on the need of the party requesting spousal maintenance and the ability of the other party to pay. The intent of spousal maintenance is to provide additional financial support for a spouse who may not work outside the home or who has a lower income. Our Lawrence divorce attorneys know the factors a judge will weigh when examining a request for spousal maintenance. We can help you determine whether to ask for spousal maintenance in your case and advise whether spousal maintenance is likely to be ordered.

Family Law Services for Divorcing Parents

During a divorce, topics surrounding minor children are generally the most difficult and emotional for parents. Our family law attorneys can assist with:

• Child Custody, Residency, and Parenting Time. The court will make orders in your divorce regarding legal custody, residency, and parenting time. Parties may also come to agreements on these issues without appearing before the court. Our Lawrence divorce lawyers will provide compassionate counsel as you navigate these decisions and negotiations. We will listen to your family-specific goals and concerns and give you honest advice on these sensitive topics.
• Child Support. Our Lawrence divorce lawyers assist parents through the child support process during and long after a divorce. We will advise you regarding how child support will be calculated, whether any special circumstances need to be considered in the child support worksheet, and ultimately guide you to a fair outcome for your child support order.

Our Lawrence Divorce Lawyers Advocate for Your Best Interests

Our Lawrence divorce attorneys will work diligently to negotiate an agreed outcome in your case, but we will not roll over when it comes to protecting your rights. Everything we do in your divorce case will focus on your best interest and the best interests of your family. An agreed resolution can reduce the length of your divorce case and save you money in the long run. If a reasonable settlement seems within reach, we will undertake appropriate negotiations — sometimes with the assistance of a mediator. However, if a settlement is not reachable, our Lawrence divorce lawyers will passionately advocate for you in court and ensure your interests are protected.

Frequently Asked Questions About Divorce in Lawrence, KS

In a divorce case, does it matter who files first?

While filing for divorce does not give you more rights than your spouse, it may give you an advantage in the divorce process. When a party files for divorce, particularly when there are children involved, they also file for temporary orders. These orders state your requests for who will remain in the marital home while the case is pending, establish child custody and parenting time, and establish financial support through child support and spousal maintenance. While these orders are not permanent, they may benefit the party who files first to get their requests in front of the court.

Filing first may also be beneficial if more than one county or state has jurisdiction over the divorce proceeding. The person who files first may choose where to file, which then determines what jurisdiction will hear the divorce proceedings.

Lastly, filing first may provide more time for you and your lawyer to prepare for what lies ahead..

How long does a divorce case take?

Divorces can take anywhere from a couple of months to several years. Uncontested divorces typically proceed much faster than contested divorces. Parties with several disagreements may find themselves in court more often and for longer periods of time. Even when a divorce is finalized, parties often find themselves back in court on matters of parenting time, residency, or child support.

Kansas law requires a minimum waiting period of 60 days between the filing of a divorce petition and the decree of divorce. This waiting period applies to both contested and uncontested divorces in an effort to prevent a spouse from acting impulsively.

Can my soon-to-be-ex take a piece of my company?

All assets that the spouses own could be subject to property division, including a family or an individual business. Even if you created the company prior to the marriage, your spouse could try and claim a portion of it. A court may return 100% of your business to you if you owned it before you got married, but there is no guarantee of this. Factors a court may consider in this determination is how marital funds were used in the business, whether your spouse had a role in the business, and any sacrifices that were made by your spouse in support of the business. Those factors are also relevant if the business was established after the date of marriage. Those factual situations make it more likely a court will distribute some of the company assets to your spouse.

For this reason, it is highly recommended that you negotiate the terms of your divorce and property division outside of court through mediation or conciliation.

Do I have to pay spousal maintenance if my ex moves in with a boy/girlfriend or fiancé(e)?

Cohabitation, as the law defines it, could terminate a spouse’s obligation to pay spousal maintenance. In Kansas, cohabitation means that a romantic couple is living together as spouses and exercising the rights, duties, and obligations that typically attend marriage. A court will take into consideration whether the cohabitation amounts to a material change in circumstances warranting termination (e.g., the ex now has access to another person’s financial resources and no longer requires money from you).

Ensuring that final divorce separation documents detail what can lead to termination of support can provide much needed clarity in the event that a party begins cohabitating. It is important to continue paying the court-ordered amount of spousal maintenance unless and until a court order authorizes you to reduce or terminate the payments.

Is it possible to invalidate a premarital agreement?

There are scenarios where a premarital agreement, also known as a prenuptial agreement or prenup, will be found invalid or unenforceable. Some examples include:

• The agreement lacked the necessary contractual elements such as consideration or both spouses’ signatures.
• The parties failed to adequately disclose assets to an extent that the agreement is so outrageous or unfair that it shocks the sensibilities of the court and must be set aside as unconscionable.
• One spouse was coerced into signing the contract.
• A waiver of spousal maintenance has resulted in one spouse relying on public assistance to make ends meet.

Can a trust fund be considered marital property?

Placing one’s assets into a trust does not automatically shield them from property division during divorce. A court may divide the trust property if a spouse is the beneficiary, if they exercise control over the trust, or if the trust is revocable (may be revoked or amended).

Alternatively, trust property may be protected if someone other than a spouse established the trust. Assets held in a revocable trust, while the grantor (the person who created it) is still alive, should not be divided.

How does a QDRO work?

Spouses’ retirement benefits are considered marital property and they are therefore subject to property division. However, one cannot simply withdraw money from a retirement account without incurring penalties. Nor is it enough to state in a divorce decree that a spouse is entitled to a certain amount of money from the other spouse’s retirement. This is why the qualified domestic relations order, or QDRO, exists.

A QDRO is a court order (meaning, a judge must sign it; it is not simply an agreement between the divorcing spouses) that divides assets in a retirement plan. It directs the retirement plan administrator to divide account assets according to the terms of the divorce and in compliance with the company’s retirement plan policies and the Employee Retirement Income Security Act (ERISA). That money is then paid to the other spouse to fulfill the retirement property division terms of the divorce.

A QDRO must be completed in a timely manner to ensure that assets are divided as prescribed in the parties’ divorce decree. Failing to file a QDRO within a reasonable time following the divorce decree may lead to issues with the division of assets later on.

Do You Have a Divorce Attorney Near Me?

Joseph, Hollander & Craft is located at 5200 Bob Billings Pkwy, at the intersection of Legends Drive, in Lawrence, Kansas. There is onsite parking as well as an additional lot across the street. We proudly serve clients in Douglas County, Osage County, Franklin County, and the surrounding areas. We also maintain offices in Topeka, Overland Park, Wichita, and Kansas City, MO for your convenience.