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Divorce Lawyers in Topeka

Joseph, Hollander & Craft’s Topeka divorce lawyers know that ending a marriage is never easy, but that doesn’t mean the legal process has to be complicated. As your advocates and advisors, we will help you through every step. With experience handling everything from uncontested divorces to contentious disputes over child custody and property division, JHC’s top-rated Topeka divorce attorneys are ready for anything in your divorce case. Let us help you successfully navigate your divorce proceedings to achieve closure, peace, and progress.

Your Trusted Topeka Divorce Law Firm

JHC’s Topeka divorce lawyers have successfully represented clients facing the full range of legal issues divorce can bring. No matter the scope, idiosyncrasies, or challenges your divorce case presents, we are committed to helping you forge a path forward. Beyond dissolving bonds of matrimony, our Topeka divorce attorneys will guide you through all the financial and familial decisions required in a divorce case.

• Property Division. In Kansas, all marital property and debt is divided between the spouses, but it is not necessarily split in half. The legal standard applicable to property division is “fair and equitable.” JHC’s Topeka divorce lawyers can help you determine what qualifies as marital property and what does not. JHC’s Topeka divorce lawyers will advise you regarding legal issues associated with the specific assets and debts involved in your divorce case and advocate for a property division that protects your financial needs and interests. We have the skill and experience to manage complex property division issues, including those that arise when a closely-held business or high-net worth individual is involved. We strategically consider all the relevant facts and documentation to develop a case plan to meet your objectives. And, when your divorce case concludes, we can effectuate the transfer of assets by preparing titles and deeds.
• Spousal Maintenance. Spousal maintenance (sometimes called alimony) is a sum one spouse pays to the other according to an order of the divorce court. It is calculated and ordered according to the need of the party requesting spousal maintenance and the other party’s ability to pay. Spousal maintenance is designed to provide financial support for the spouse who has a lower income. JHC’s Topeka divorce lawyers know the factors a judge will consider when ruling on a request for spousal maintenance, so we can tell you whether it is likely to be awarded in your case.
• Child Custody, Residency, Parenting Time, and Parenting Plans. When a divorcing couple shares minor children, the court must make orders regarding legal custody, residency, and parenting time. These orders are set out in a parenting plan, which may be as detailed as the parties need it to be. The legal custody order governs who makes decisions regarding education, medical, and religion of the children. Most commonly, Kansas judges order joint legal custody, such that both parents share in the decision making for their children. A residency order simply designates where the children will reside. Children frequently share residency with both parents, but each case is unique. Parenting time dictates the time each parent spends with the children. The judge will consider the best interests of the children when making these decisions if the parents cannot agree. JHC’s Topeka divorce lawyers will provide you with the legal background and practical information you need to decide what you want to request. We will listen to your objectives and concerns and give you honest advice on these sensitive topics, then we will advocate for you in negotiations and before the court.
• Child Support. A non-residential parent may be ordered to pay the residential parent a monthly sum of child support. Child support calculations are governed by the Kansas Child Support Guidelines, which consider parents’ incomes as well as factors such as health insurance and childcare costs. Some aspects of child support—such as payment of direct expenses, special needs, and time of payment—can be negotiated between the parties. Kansas courts have the power to modify child support orders when there is a material change in circumstances. JHC’s Topeka divorce lawyers assist parents establishing the initial child support order and when seeking modifications. We help clients understand how child support will be calculated, evaluate whether there are special circumstances that require consideration, and help to achieve a fair child support order.

Proponents of Negotiation and Resilient Advocates

JHC’s Topeka divorce attorneys value cooperative resolutions that leave each party in a good position. Whether by independent negotiation or with the assistance of a mediator, we routinely help our clients achieve settlements that reduce the length of their divorce cases, conserve their financial resources, and foster amicable co-parenting.

When settlement is out of the question, however, our Topeka divorce attorneys know exactly what it takes to make your case in court. We will work to ensure your rights are represented in all areas regarding your children and your property.

No matter where you are in your divorce case, JHC’s Topeka divorce attorneys want to help. Call us today.

FAQs

What does a divorce attorney do? Why should I hire a divorce attorney?

JHC’s divorce lawyers protect our clients’ rights and interests during the divorce process, collect and examine evidence of significance to the case, persuasively present that evidence to opposing counsel in negotiations or the court at trial, help our clients understand the legal options available to them, and navigate all applicable Kansas statutes, guidelines, and related paperwork.

Even if you believe you and your spouse agree regarding how to resolve every issue in your divorce, it is important to make those decisions with full appreciation of your legal options. Consult a knowledgeable divorce attorney so that you understand what the law requires, what the law allows, and where your interest falls in that legal landscape.

Is it possible to receive full custody of my children?

Custody means different things to different people, so the first step to answering this question requires defining terms. Legal custody is a parent’s authority to make significant decisions about minor children (e.g., education, medical, and religious decisions). Residency (sometimes called residential custody) refers to where the minor children live. Parenting time (sometimes called visitation) is the term used to describe the time each parent spends with the minor children.

In Kansas, it is possible to receive sole legal custody of your minor child, such that you do not need to consult your ex-spouse on major decisions. But it is not common. Joint legal custody is much more common. It is also possible to share legal custody, but for the child to live with only one parent. Ordinarily, the other parent will have designated parenting time with the child. Any combination of legal custody, residency, and parenting time is possible. What is likely to happen in your case depends on your family’s specific circumstances.