Overland Park Divorce Lawyers

Home » Overland Park Family Law Attorneys » Overland Park Divorce Lawyers

Joseph, Hollander & Craft’s Overland Park divorce lawyers understand that going through a divorce can present numerous challenges. We want to make the legal process go as smoothly as possible. Our top-tier divorce attorneys will help guide you through your divorce proceedings by providing thoughtful advice, offering strategic support, advocating on your behalf, and lending a compassionate ear.

Overland Park Divorce Lawyers Who Are Ready for Anything

No matter the scope, complexity, or unique circumstances of your divorce, our team is dedicated to helping you through the legal process. Our Overland Park divorce attorneys have successfully represented individuals in simple, uncontested divorces; complex divorce matters requiring the division of multimillion-dollar businesses; and nearly every level of intricacy in between. We will never over-complicate a straightforward matter, but we do not shy away from thorny cases or issues either.

What Do Your Overland Park Divorce Lawyers Do?

Joseph, Hollander & Craft’s Overland Park divorce lawyers assist clients with any array of divorce and family law-related matters. Our Overland Park divorce attorneys guide clients through more than the dissolution of marital bonds; we help them protect their futures.

Call on us to assist with any aspect of the divorce process, including:

• Property Division: The equitable distribution process divides marital property between spouses with consideration given to each spouse’s individual financial situation. Property subject to division in a divorce may include your home, business, bank accounts, pensions and other retirement accounts, vehicles, and other assets.
• Alimony/Spousal Maintenance: A court may award temporary spousal support while the divorce is pending, and later alimony, which assists a spouse with paying their bills. In deciding whether and for how long to award maintenance or alimony, the court will evaluate several factors including the requesting spouse’s financial needs and the other spouse’s ability to pay.
• Child custody, visitation, and parenting time: Kansas courts apply the best interest of the child standard when ordering child custody, visitation, and parenting time. The best interest of the child is determined to be whatever promotes the child’s physical and mental health as well as their safety.
• Child support: Child support can be arranged out of court by a mutual agreement between the parents or it can be decided in court through a child support worksheet. Child support is calculated by configuring the domestic gross income of both parents and then deducting necessary expenses to arrive at a fair amount, but there are exceptions when your income exceeds the guidelines.

We help clients address all of these issues in the initial divorce process, and we assist with enforcement and modification issues after the divorce decree has been entered. Joseph, Hollander & Craft divorce attorneys also assist with alternatives to divorce, such as:

• Legal Separation: Spouses may choose to separate without ending their marriage and enter into an agreement which settles property division, child custody, and other matters. There are various reasons to separate but not divorce, for instance to align with one’s religious or social values, to maintain an advantageous tax filing status, or to allow the other spouse continued access to certain marital benefits like health insurance coverage.
• Annulments: Unlike a divorce, which terminates a marriage, an annulment declares the marriage void as if it never existed. Not every marriage can be annulled, but our attorneys can help you understand whether it is an option worth pursuing.

Frequently Asked Questions

How will property be divided in a divorce?

There are two types of property considered in Kansas divorce cases: separate (non-marital) property and marital property. Determining whether property is marital or separate can become complex because the property often becomes commingled. Property can become commingled by joining bank accounts, titling property in both parties’ names, or accumulating property during the marriage.

In Kansas, all marital property is subject to equitable distribution. This means the judge has discretion to divide marital property “equitably” or as it deems fair to the parties. The judge will look at different factors in analyzing the division of property between the parties as well as case specific facts.

However, the judge does not necessarily need to decide the division of property if the parties are able to reach a settlement agreement regarding how they would like to split the marital property. In such cases, the judge may adopt the parties’ agreement.

Property division may also be controlled by a pre-marital agreement.

How long does it take to get a divorce in Overland Park?

Divorces can last anywhere from a couple of months to several years. The time it takes to complete the divorce process varies depending on the agreeability of the parties. When the parties are agreeable and the divorce is uncontested, the divorce process is much quicker. However, when the parties have major disagreements, they may find themselves in the courtroom more often and for longer periods of time. After a divorce is finalized, parties may still return to court for other related matters, such as child support and child custody modifications.

In Kansas, courts generally require a minimum waiting period of 60 days between the filing of a divorce petition and the divorce decree. The waiting period applies in both contested and uncontested divorces, with the goal being to prevent the parties from impulsively seeking a divorce.

What alternative methods can be used in a divorce case to avoid trial?

Not all divorces end with the parties going to trial. The majority of divorces are finalized by alternative methods, such as settlement agreements, mediation, arbitration, and collaborative family law. These methods assist parties in resolving issues involving property division, child custody, child support, and spousal maintenance without the need for a judge’s intervention. Agreements made during the use of these methods can become binding when they are put in writing, signed by both parties, and approved by the judge. Ultimately, it is up to the parties to decide whether to attempt to resolve their disputes in court or through other alternative means.

What is collaborative divorce?

As opposed to a traditional divorce and the win-lose mentality inherent to traditional litigation, a collaborative divorce involves the spouses working together to reach a mutually agreeable end of their marriage. They contractually agree not to litigate the divorce as most couples do. Specially trained attorneys advise the spouses, but they are also aided by third-party professionals such as mental health practitioners and financial advisors.

The objective of a collaborative divorce is to facilitate a settlement that aids everyone, including children, as the marriage comes to an end. The process requires complete transparency and voluntary production of information needed to resolve all issues in the divorce, so a certain level of trust must exist between the spouses.

What are the grounds for divorce in Kansas?

There are three grounds for seeking a divorce in Kansas:

Incompatibility: While this is classified as a no-fault divorce, the concept of fault is technically inapplicable in Kansas. Only one spouse needs to claim incompatibility for the divorce to move forward.

Failure to perform a marital duty: One spouse may allege that the other has failed to perform a material marital duty. These concern what were previous considered fault-based grounds for divorce such as gross neglect, cruelty, habitual drunkenness, and adultery.

Incompatibility due to mental illness or incapacity: The divorcing spouse must prove that the other spouse was either adjudicated as mentally ill or legally incapacitated, or that the person was institutionalized for at least two years. Additionally, at least two court-appointed physicians must attest that the mentally ill spouse has made poor progress towards recovery.

Can adultery affect child and spousal support payments?

Adultery generally will not affect child support payments in Kansas. A spouse cannot cite infidelity as a reason to not pay child support because child support calculations are focused on the child’s welfare and best interests.

Courts also view infidelity as broadly irrelevant to the financial considerations of alimony and spousal support. However, that does not mean a court will not consider evidence of adultery at all. For instance, a spouse may have wasted significant marital funds on a paramour, effectively depleting the marital estate. The judge may consider this when dividing marital assets or setting alimony payments.

Do You Have a Divorce Lawyer Near Me?

Joseph, Hollander & Craft maintains an office at 10104 W 105th St. in Overland Park, on the corner of Mastin St, and across from the Veterans Hospital. For your convenience, we also have additional offices to serve you in Lawrence, Topeka, and Wichita, as well as in Kansas City, MO. Our firm handles divorce actions in Johnson County, Leavenworth County, Wyandotte County, and throughout northeastern Kansas.