Wichita Divorce Lawyers

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The divorce process can be complicated, even when both parties are largely in agreement. Joseph, Hollander & Craft’s Wichita divorce lawyers know that getting a divorce can be difficult, but we are ready to guide you through this process and advocate for you every step of the way.

Our Wichita divorce attorneys handle all manner of divorces — from simple and uncontested divorces to divorces involving complex property division matters and contentious child custody issues. With decades of combined experience serving clients throughout Kansas, our Wichita divorce lawyers are prepared to handle every issue that may arise in your family law case.

How Can Our Wichita Divorce Lawyers Help?

Joseph, Hollander & Craft has built its reputation on providing strategic, conscientious guidance to divorce clients. For years, we have been the firm you can trust to handle any of your divorce or family law needs, including:

• Divorce Planning
• Premarital and Post-Marital Agreements
• Cohabitation Agreements
• Property and Asset Valuation
• Business Owner Divorce
• Spousal Maintenance
• Order Modification

Protecting Your Property and Finances in a Divorce

During the divorce process, the parties must divide the marital property between them. In Kansas, all property owned by the parties, both individually and together, is subject to division in the divorce process. This includes real property, retirement accounts, vehicles, and cryptocurrency, to name a few. The parties may negotiate an agreement on how to divide the property or go to trial and let a judge decide. Joseph, Hollander & Craft’s top-tier divorce attorneys in Wichita will make sure that your interests are protected in the property division process, and we will finalize all property orders by preparing necessary documents.

Assistance With Spousal Maintenance

Either party to a divorce may be awarded an allowance for future financial support. In Kansas, this is called spousal maintenance, although many still refer to it as alimony. Kansas judges award spousal maintenance when it is “just, fair, and equitable.” Spousal maintenance awards and amounts are determined after a review of several factors including one spouse’s need and the other spouse’s ability to pay. Many of the counties served by Joseph, Hollander & Craft’s Wichita divorce attorneys do not have formal guidelines regarding spousal maintenance, so our attorneys are well versed in both sides of the spousal maintenance arguments. We will advocate for your best interests and help safeguard your financial future.

Divorce and Child Custody, Parenting Time, and Visitation

In all divorces involving minor children, a judge will issue orders regarding custody and parenting time. Because each family is different, the Wichita divorce attorneys of Joseph, Hollander & Craft always provide individualized advice regarding:

• Child Custody
• Child Support
• Parenting Time
• Stepparent Adoption

Wichita Divorce Attorneys Working Hard for You

Joseph, Hollander & Craft’s Wichita divorce attorneys strive to reach the best possible outcome for your case. We are dedicated to achieving your objectives in the most effective manner possible. We are capable negotiators and know how to use various forms of alternative dispute resolution to resolve your divorce matter without trial. When the situation requires it, however, we are fierce courtroom advocates who fight for your custody and parenting rights, support orders, and property interests.

Frequently Asked Questions About Divorce in Wichita, Kansas

What can a Wichita divorce lawyer do for me?

A skilled Wichita divorce attorney can play a vital role in the divorce process. For a divorce to be granted, a Petition for Divorce will need to be filed with the court. Then, the opposite party will need to file responsive pleadings. All these filings can be easily handled by an attorney who is familiar with the divorce process. During this process, there will need to be many negotiations and agreements, and possibly hearings, on temporary orders, property division, child custody, child support, spousal maintenance, and more. An attorney can help you reach fair agreements on these matters and can advocate for your position in court if an agreement is not possible. Contact our divorce lawyers in Wichita to see how we can help you.

How long will the divorce process take?

Kansas law requires a “cooling off” period of 60 days from the time of filing. This means that the earliest a divorce can be finalized is 60 days after the Petition for Divorce is filed. However, most divorces will take longer than that. If there are multiple issues in the divorce, such as large amounts of property to be divided or child custody issues, then the time between filing and finalization will be longer. If the parties can come to quick agreement on most items, then the process can be closer to the required 60-day waiting period.

What are the grounds for divorce in Kansas?

Kansas recognizes three specific grounds for granting a divorce:

1. Incompatibility: This essentially means that the spouses cannot get along, which is sometimes referred to as “irreconcilable differences” in other states. It is the Kansas version of a no-fault divorce.
2. Failure to perform a marital duty: Various types of behaviors fall under this broad category, but ground is rarely asserted and not encouraged to be detailed in pleadings. Although marital misconduct may prove relevant in some cases, it rarely substantially affects the ultimate distribution of property or determination of child custody and parenting time.
3. Incompatibility by reason of mental illness or mental incapacity: A spouse asserting this ground will have to prove the other spouse’s mental illness. This could be established by showing that the other spouse was confined to a mental institution for at least two years or that a court has adjudicated the other spouse as mentally ill or incapacitated. Either way, the plaintiff spouse must also show that at least two of three court-appointed physicians have determined there is little likelihood that the spouse will recover from their condition.

Can you modify a divorce decree in Wichita?

Certain aspects of a Kansas divorce decree are modifiable. For most modifications, particularly those concerning child custody, child support, and alimony (spousal maintenance), the party wishing to modify the decree must show that a material change in circumstances has occurred since the court entered the prior order. Examples of potential reasons include a change in income (child support and alimony) or serious illness (child custody).

Property and debt division terms of a divorce decree are much harder to modify. A party wishing to change these must usually show something unusual such as fraud or the existence of evidence that was not known or reasonably able to be discovered when the court issued its original decree.

What’s the difference between a divorce and an annulment?

Although people sometimes use the terms “divorce” and “annulment” interchangeably, they actually have distinct meanings. A divorce is the legal termination of a marriage, which means that the marriage itself is recognized as valid. Conversely, in an annulment, the court declares that the marriage is not valid at all, all the way back to the point at which it began. In other words, an annulment treats the marriage as if it never even happened.

Annulments are available for both void and voidable marriages. Void marriages are those which, by definition, are invalid under the law. Examples include bigamous marriages (one spouse was already legally married to someone else at the time they entered into a second marriage) or those in which the spouses are related by blood as first cousins or closer.

Voidable marriages, on the other hand, are valid but may be declared invalid by a court. The spouse wishing to invalidate the marriage must show that the other spouse engaged in fraud, that there was a mistake of fact or lack of knowledge of a significant fact, or another reason. Some specific examples of these situations include that a spouse was legally incapable of consenting to the marriage or that a spouse is incurably impotent and the other spouse didn’t know about it.

Can I get divorced in Kansas if my spouse lives in another state or country?

Typically, only one spouse has to meet the residency requirements of Kansas to initiate a divorce. For example, either the plaintiff or the defendant must be a state resident for at least 60 days preceding initiation of the divorce action. A person who is in the military can file in any county that is adjacent to their post, but they must have been at the post for the same 60-day period.

If you are unsure whether you or your spouse meet the state’s residency requirements, talk to our office.

Can you appeal the outcome of a divorce?

You do have the right to appeal the outcome of your divorce matter in certain situations. However, you should understand what exactly an appeal is. An appeal is not available simply because you do not like how the judge ruled in your case. You do not have the right to retry your case just because you don’t like the outcome. A spouse wishing to appeal their divorce decree must point to specific legal or procedural errors that the trial judge made, such as misinterpreting or misapplying the law.

If you believe circumstances have changed since your divorce decree was issued, then you may seek a modification rather than an appeal. This is usually done either by direct negotiations with the other spouse (or their attorney) or through mediation. Our firm can explain how divorce appeals, negotiations, and/or mediation may be helpful to you.

Do You Have a Divorce Lawyer Near Me?

Joseph, Hollander & Craft’s Wichita office is located at 500 N. Market Street, with onsite parking available. The firm maintains additional offices in Topeka, Lawrence, Overland Park, and Kansas City, MO. We proudly serve clients in Sedgwick County, Butler County, Harvey County, Reno County, and the surrounding areas.