Overland Park Divorce Lawyers

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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 Overland Park 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.

Our Overland Park Divorce Lawyers Are Prepared for the Most Challenging Divorce Matters

No matter the scope, complexity, or unique circumstances of your divorce, our family divorce attorneys are 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 million-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.

Full Service Representation Focused on Your Needs by Our Overland Park Divorce Lawyers

JHC’s Overland Park divorce lawyers assist clients with divorce, annulment, legal separation, paternity, property division, child custody, child support, and other family law-related matters. In divorce actions in Johnson County, Leavenworth County, Wyandotte County, and throughout northeastern Kansas, our Overland Park divorce attorneys guide clients through more than the dissolution of marital bonds. We help them divide marital property, establish parenting plans for custody and parenting time, and calculate and obtain child support.

• Property Division: The division of property during a divorce in Kansas is subject to an equitable distribution process. 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 includes the home, business, bank accounts, pensions and other retirement accounts, vehicles, and other assets. At JHC, our Overland Park divorce lawyers know how to find, value, and divide marital property in all divorce cases. We focus on ensuring that all marital assets and ownership interests are divided in a manner that is just and fair to you.
• 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. The divorce attorneys in JHC’s Overland Park office are well-versed in the factors the court will consider when making decisions about child custody, visitation, and parenting time. Our Overland Park divorce attorneys will strongly advocate to help you maintain a relationship with your child.
• 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. Our Overland Park divorce attorneys will work to get a fair child support order, advise you whether a child support modification is warranted, and ensure that your rights are being accurately and justly asserted.

In addition to providing effective legal representation throughout the divorce process, our Overland Park divorce attorneys can assist you after the finalization of your divorce by preparing the transfer of titles, deeds, or other assets which have been awarded to you; requesting modification of custody, residency, parenting time, or child support orders; and preparing prenuptial agreements for any subsequent unions.

Our Overland Park Divorce Lawyers Are Skilled Negotiators and Driven Advocates

JHC’s Overland Park divorce attorneys are skilled negotiators and driven advocates who will stand up for your rights and needs every step of the way. We understand the emotional toll and financial stress litigation can cause, and we are frequently able to utilize mediation or settlement negotiations to resolve disputes without needing to go to trial. When settlement and mediation are not feasible, our top-rated Overland Park divorce lawyers will fiercely and strategically represent you in the courtroom.

If you need a divorce lawyer in Overland Park, call or contact JHC today.

FAQs

How will property be divided in a divorce?

In Kansas divorce cases, there are two types of property: 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 come to an agreement regarding how they would like to split the marital property. In such cases, the judge may adopt the parties’ agreement.

How long does it take to get a divorce?

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.