When you and your spouse decide to end your marriage, you likely have been through a lot emotionally. Most couples do not lightly decide to divorce and have struggled for years to make the relationship work. They are exhausted by the time they seek a divorce lawyer.
We want to make the legal process of divorce as simple and stress-free as possible for you. You have already done the hardest part by accepting your marriage is over. Let a Lincoln County divorce lawyer take the reins and untangle your life and finances from your spouse, so you can start fresh. Our seasoned family attorneys could ensure you get the property you are entitled to, a fair custody arrangement, and more, depending on your circumstances.
Timeline for Divorce in Lincoln County
According to Kansas Statutes Annotated § 23-2708, the minimum waiting period for a divorce is 60 days; however, many can take much longer. Couples usually only finalize their divorce this quickly when they agree on everything, including:
Alimony
Child custody
Child support
Division of property
Divorces often take longer if one or more of these areas is in dispute.
Before a person can file for divorce in Lincoln County, they must be a resident of Kansas for at least 60 days. Once they have filed their divorce petition, the other party must be served with a copy of the paperwork, to which they have 21 days to respond.
Dividing Property in a Divorce
Most property owned during marriage is subject to equitable division in Kansas. In general, any property acquired while two people are married—including retirement and pension plans—is subject to division. The name on a deed or title does not determine who will be awarded the property in a divorce. Some property, if a spouse obtained it before the marriage, could be classified as separate property and is usually awarded to the spouse who owned it before marriage.
The equitable division laws in Kansas do not mean marital property is divided 50/50 but in a “just and reasonable” way between spouses. If both spouses are on relatively equal footing regarding future earning potential, an equitable division may divide all property in half. If, on the other hand, one spouse is disabled or stayed at home with the children during the marriage, the court may award a more significant portion of assets to the disadvantaged spouse.
A knowledgeable Lincoln County divorce attorney can explain the principles of equitable distribution, help valuate property, and assist during negotiations.
In Kansas, the court determines maintenance (alimony) on a case-by-case basis. The court has no list of statutory factors that it must consider when deciding on an amount or duration of spousal support. Most of the time, the spouse seeking maintenance must prove they need support and that the other spouse can afford to pay it. Alimony awards are most common in divorce cases where one spouse has a significantly higher income than the other.
Kansas courts will typically order maintenance for up to 121 months (about 10 years) per Kan. Stat. Ann. § 23-2904; if the parties agree to a longer duration, though, the court may approve lengthier alimony orders. Judges have wide discretion when it comes to maintenance, and two judges’ decisions may look very different. A skilled divorce lawyer in Lincoln County could ensure both parties receive fair and lawful treatment when courts issue spousal support orders.
Consult With a Lincoln County Divorce Attorney
Our accomplished family attorneys are familiar with the Lincoln County District Court and its judges. We can offer guidance and advice on which local judges would likely decide in your divorce case given your specific circumstances.
Working a well-practiced Lincoln County divorce lawyer could give you a favorable outcome and help you reach a fair conclusion to your divorce more quickly.
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