Contested Divorce Lawyer in Overland Park, KS

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Marriage often establishes a structure for many areas of a person’s life. Factors like finances, children, home, and more are all tied up in a marriage. In the same way, divorce can also touch every area of your life. Family law courts have considerable decision-making power over what happens next. From how often you see your children to mandates regarding property division and wage garnishment, how a divorce unfolds can affect every part of your future.

For this reason, contested divorces are a particularly sensitive area of the law. Contested divorces usually require work from a skilled lawyer to champion your needs and rights. If you need a contested divorce lawyer, contact Joseph, Hollander & Craft for assistance in Overland Park, Kansas.

What Is a Contested Divorce?

A contested divorce is any divorce in which the parties are not in agreement about how to proceed. Contested divorces span multiple different kinds of conflicts. Not every contested divorce involves a personality clash or a bitter ex-spouse. Even generally amicable divorces may involve some issues that cannot be resolved by agreement.

However, some contested divorces do turn ugly, especially when left to run their course unchecked. In the worst cases, high-conflict divorces can involve concealed finances, attempts to sabotage a person’s character, or even criminal allegations.

Uncontested Divorce in Kansas

An uncontested divorce occurs when both spouses reach a mutual agreement on all major issues, including property division, child custody, child support, and spousal maintenance. In these cases, the divorce process is typically more efficient because the court does not need to resolve disputes between the parties.

Even in an uncontested divorce, the court must still review and approve the terms to ensure they comply with Kansas law and reflect a fair outcome. If disagreements arise at any point, the matter can shift into contested divorce proceedings and require further court involvement.

Common Issues in a Contested Divorce Case

Contested divorces revolve around one or more issues that cannot be resolved between two spouses. Some of the most common issues when contesting a divorce in Overland Park, KS involve:

Child Custody and Parenting Time

Child custody in Kansas is decided based on the best interests of the child. If your one spouse can prove to a family law judge that it is in a child’s best interest that the parents not share 50/50 custody, then one parent’s decision-making authority as well as time with the child may be limited or restricted. A child may be ordered to live with just one parent, and one parent may be granted exclusive authority to make choices regarding their upbringing, religion, schooling, healthcare, and other key factors in their lives.

Remember, too, that Kansas courts distinguish between legal custody and parenting time. Legal custody includes decision-making authority for major issues, while parenting time determines when a child resides with each parent. Courts may award joint legal custody or, in some cases, sole legal custody depending on the circumstances. A detailed parenting plan is often required to outline responsibilities, schedules, and expectations between both parents.

Child Support and Financial Obligations

When two spouses disagree over how to raise a child, the financial obligations involved in parenting often also fall under dispute. One parent may disagree with a child’s private school expenses, tutoring costs, after school sports, orthodontia, or other commitments. These individual conflicts can add up quickly, and are often reflected in child support disputes. Your contested divorce attorney can help hold your spouse to their end of a premarital agreement or decisions made earlier on in the marriage regarding financial obligations to your children. Courts may also issue orders requiring one parent to pay child support based on statutory guidelines and the financial circumstances of each party.

Property Division and Marital Assets

What is considered marital property is a crucial factor in how the courts divide assets during a divorce. Your spouse’s divorce attorney may attempt to claim that certain bank accounts, property, and other assets are separate, and not marital, and are therefore not subject to division. This can greatly affect the outcome of your settlement from a divorce.

Kansas follows principles of equitable distribution, meaning the marital estate must be divided fairly rather than strictly equally. This includes division of property such as bank accounts, retirement accounts, real estate, and business interests. Courts evaluate the full marital estate to ensure assets and debts are divided fairly based on the facts of the case.

A high-asset divorce lawyer is experienced at accounting for and developing reasonable solutions for the division of significant marital property, including complex financial portfolios, business interests, and multiple properties.

Spousal Support or Spousal Maintenance

Spousal maintenance in Kansas is not decided based on gender, but rather revolves around factors such as lifestyle, age, employment prospects, and length of the marriage. Spousal support conflicts may arise in dispute of ability to pay or the other party’s reasonable needs. In some cases, financial issues contributed to the divorce in the first place. Therefore, they often require help from a divorce attorney in order to resolve how they should be handled.

How the Contested Divorce Process Works in Kansas

When two spouses cannot agree on a factor of the divorce, whether that is child support, custody, asset division, or another area of dispute, a divorce is called contested in Kansas. Contested divorces can take longer to resolve, but generally run along the following lines:

• Serving the Respondent spouse: One spouse will file a Petition for Divorce which must be served to the other. In Kansas, there is a 21-day period to respond to being served with divorce paperwork. Never ignore a divorce petition; if you have received one, contact a divorce attorney even if you think you and your spouse are in agreement over how you will end the marriage. There may be surprises that can negatively impact your own life in the future simply because you did not know what you did not know.
• Reviewing temporary orders: A court may issue temporary orders such as spousal maintenance, temporary custody, and possession of property while a divorce is pending. A contested divorce lawyer can help you review these orders or petition for the protections you need from the court before your divorce is finalized.
• Discovery phase: Both contested divorce lawyers will work during the discovery phase to create a full picture of the marriage. You may be asked to provide financial records, property deeds, depositions, or answers to written discovery. In complex cases, financial advisors or other experts may be involved to evaluate assets, income, or long-term financial impact.
• Negotiation: Many contested divorces are resolved pre-trial with the help of negotiation. In some cases, having a third party in the room who knows the law can help break up conflicts based on false assumptions or bad advice. You may find that your spouse is similarly eager to avoid a courtroom battle. You may be able to find unexpected common ground and reach a fair agreement before the trial takes place. If an agreement is reached, the terms are formalized in a settlement agreement that becomes part of the final divorce decree.
• Trial: Your divorce attorney will present the evidence available and advocate for you in front of a Kansas family law judge. A contested divorce lawyer can also defend you against false accusations, professional and reputational harm, and other outcomes that may arise during a contested divorce.

How We Can Help You Resolve a Contested Divorce

At Joseph, Hollander & Craft, our family law attorneys help you focus on what is most important from your divorce. We are compassionate advocates who know how to deescalate conflict wherever possible while still protecting your interests. Our Overland Park attorneys know to step back from the courtroom and attempt to resolve matters through negotiation or mediation. When we do step into the courtroom, our contested divorce lawyers in Overland Park bring effective advocacy to the table, ensuring our clients are treated with dignity and respect during even the most difficult divorce proceedings.

What to Expect During Contested Divorce Proceedings

You should expect contested divorce proceedings to take some time. At the very least, you will need to meet the 60 day waiting period mandatory in all Kansas divorces. Contested divorces very commonly take several months to resolve entirely.

In the event that your Overland Park contested divorce moves to trial, the proceedings will take place in the Johnson County District Court in the 10th Judicial District. The courthouse is located at 150 W. Santa Fe St., Olathe, KS 66061. Your attorney will discuss all of the details with you in advance, prepare you, and represent you during the trial.

How Courts Decide Contested Divorce Issues

Kansas courts aim for fairness when distributing property as well as deciding spousal maintenance questions. This means that you should not expect a simple 50/50 split, especially during a contested divorce. Your contested divorce lawyer will advocate for you to keep whatever you value most, such as a home, car, property, retirement accounts, or more. They will also attempt to defend you from unfair compromises or too-small settlements.

Personal details can be at play during a contested divorce. For instance, if one spouse is sentimentally attached to a vacation home, they may argue to keep it on their side of the family. This compromise may need to be met with another decision of equal value. Likewise, spouses who have built businesses together or otherwise impacted the other’s professional prospects may be able to request additional financial consideration from a family law judge in Kansas.

Family law judges do not attempt to punish one partner, but they do attempt to even the scales when it comes to how both spouses will be left in the aftermath of the marriage.

Contested Divorce Overland Park: Frequently Asked Questions

What happens if my spouse is being unreasonable during a contested divorce?

Petty behavior, refusing to sign paperwork, and other unreasonable tactics can delay a contested divorce in Kansas. In some cases, a contested divorce attorney can request court intervention in order to move proceedings along or request penalties from an uncooperative spouse.

Is a contested divorce always more expensive than an uncontested divorce?

Having a truly no contest divorce is relatively rare. However, the more things a couple agrees upon, the less time and lawyer fees will be required. No matter how much you think you agree, however, it is important to consult with competent counsel so you know your rights and responsibilities and how each would be resolved by a court if needed.

Will details of my contested divorce become public?

Many Overland Park professionals need to protect sensitive information during a contested divorce. A contested divorce lawyer can account for your privacy needs when crafting your overall legal strategy. Alternative dispute resolution (ADR) methods outside of the courtroom can provide greater protection for your privacy than public court proceedings.

Can my spouse delay the divorce by contesting everything?

Unfortunately, yes. An uncooperative spouse can greatly delay a divorce and run up costs, stress, and hassle for everyone involved by contesting as many areas as they choose. One reason why many people choose to work with a contested divorce attorney, however, is to put a check on this kind of behavior.

Speak With an Overland Park Divorce Attorney

Joseph, Hollander & Craft serves clients throughout Overland Park and Johnson County. If you need guidance through a contested divorce, our law firm is available to help. Contact Joseph, Hollander & Craft today. We maintain offices in Overland Park, Lawrence, Topeka, Wichita, as well as Kansas City for your convenience.