Divorce can be one of the most challenging and life-changing events a person can go through. No matter the circumstances, the process involves legal, emotional, and financial complexities. Our Manhattan divorce lawyers understand all that’s involved with guiding you through every step of the process, protecting your rights and advocating for your interests. From property division to child custody and support, we work diligently to help you move toward the next chapter of your life.
Addair Law works with clients in Riley, Clay, Saline, Shawnee, and Wabaunsee counties. Call (785) 645-2732 or contact us online today to schedule a consultation.
Issues to Settle in a Divorce Agreement
There is a lot that has to be negotiated—and perhaps litigated in a divorce settlement. The primary areas of potential dispute include these:
Division of Property and Debts
Kansas follows equitable distribution laws, meaning assets and liabilities are divided fairly, but not necessarily equally.
Marital property includes everything acquired during the marriage, such as homes, cars, and savings accounts. Property that was owned before marriage or acquired as a gift or inheritance is usually considered separate property.
Separate property goes to the spouse who owns it. Marital property is subject to equitable distribution laws. Courts will typically consider factors like each spouse's financial situation, contributions to marital property, and future earning potential in determining how the division should take place.
This process requires thorough documentation, and that becomes even more important the more complex a couple’s financial assets and liabilities are. Even determining what is marital property and what is separate is not always cut-and-dried, and often calls for negotiation.
Child Custody and Parenting Time
Kansas courts prioritize the best interests of the child when deciding custody and creating a parenting plan. Legal custody refers to decision-making authority over the child, while physical custody involves where the child primarily resides. Depending on the situation, parents may share joint custody, or one parent may be awarded sole custody.
A well-structured parenting plan includes a detailed schedule for visitation, holidays, and school breaks. The goal is to provide stability for the child while preserving their relationships with both parents.
Child Support
Courts use state guidelines to calculate payment amounts, considering factors like both parents' incomes, the child’s care expenses, and custody arrangements. The parent with primary custody typically receives support payments to help cover living expenses, education, and medical care for the child. While these payments are mandatory, modifications can be requested if circumstances significantly change over time, such as a job loss or increased living costs for the child.
Spousal Support
Spousal support—known colloquially as “alimony,” may be granted when one spouse needs financial support after a divorce. This is typically the case when one spouse earns significantly more than the other. The law recognizes the value of all contributions to a marriage, including those that may have had little to no monetary remuneration. The parent who raised children, cared for elderly parents, or simply worked in a job that earned a lower income than their spouse deserves protection.
The goal is that each spouse be able to live in the lifestyle that they were accustomed to in the marriage—or, at the very least, that any sacrifices from that lifestyle be shared equally. Kansas courts determine spousal support based on factors like the length of the marriage, each spouse's financial resources, and their contributions to the household. Spousal support may be temporary or awarded on a long-term basis, depending on the circumstances.
Kansas laws recognize both no-fault and fault-based grounds for divorce. To file for divorce, one or more grounds must be cited. The most common are these:
Incompatibility
The most common ground for divorce in Kansas is incompatibility, often referred to as "irreconcilable differences." This is a no-fault ground, meaning neither spouse is blamed for the dissolution of the marriage. It simply indicates that the couple's relationship has broken down beyond repair, and reconciliation is not a viable option. Filing on the basis of incompatibility often simplifies the divorce process, as it eliminates the need to prove wrongdoing. This can lead to quicker resolutions and less adversarial proceedings.
Failure to Perform a Marital Duty
This fault-based ground applies when one spouse fails to fulfill their obligations within the marriage. This might include abandonment, infidelity, or financial neglect that harms the marriage. Unlike incompatibility, this ground requires evidence of misconduct, which can make the divorce process more contentious. However, pursuing this ground may impact the court's decisions on property division or spousal support, particularly if the behavior significantly contributed to the breakdown of the marriage.
Incompatibility Due to Mental Illness
Divorce can also be filed on the grounds of incompatibility due to severe mental illness. This applies when one spouse suffers from a mental illness that prevents them from fulfilling their role as a partner. To pursue this ground, the mental illness must have been present for at least two years. Furthermore, two of three court-appointed physicians must consider recovery to be unlikely. While this can be a sensitive matter, it provides a legal pathway for dissolution when continued marriage is not feasible due to one spouse’s long-term inability to engage in the relationship.
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Divorce Lawyers Who Understand the Process
Every attorney in our Manhattan office focuses on a single practice area. We believe it’s vital that clients get legal counsel who’s exceptionally well-versed in all of the small details of both law and process. Little details make a big difference in divorce settlements, and you deserve someone who can bring a laser focus to the complex arena of family law. You’ll find that at Addair Law. We serve both English and Spanish-speaking clients and can meet either in person or via video conference, whichever is best for you.
