Legal Separation Attorney in Olathe
Our Divorce Firm Serves All of Johnson County
The legal phrase for the cause of action that most people refer to as "legal
separation" is an "action for separate maintenance." It
is really a holdover from earlier times when divorces were harder to obtain.
In those cases, when the grounds for
divorce were not sufficiently proven, the court nevertheless used its inherent
powers of equity to separate the parties and their affairs. Contact our
Olathe divorce attorneys today to get the help you need.
Understanding Legal Separation
In a legal separation, the court has all or almost all the powers it has
in a divorce case. In other words, the case will:
All of the matters that can be determined in a divorce case will be determined
in a legal separation; however, the case will not result in a decree of
divorce. At Martin & Wallentine, we listen to our client's goals
at the outset of your case and craft an approach to the case that meets
your needs. When we have clients who do not want to divorce, but who cannot
continue living with their spouse under the
status quo indefinitely, we often suggest an action for separate maintenance.
Because it is relatively rare, it often signals to the other side that
our client is open to reconciliation, but has simply run out of other
options. We have even obtained court orders for professional counseling
during the pendency of the case. This often gives the parties some breathing
room to try to work things out. In contrast to a divorce case, which often
polarizes the parties, the action for legal separation tends to set a
more conciliatory tone.
Grounds for Divorce in Kansas
K.S.A. § 23-2701 lists the following grounds for separate maintenance or legal separation,
which are the same as those for divorce:
- Failure to perform a material marital duty
- Incompatibility by reason of mental illness
- Incompatibility by reason of mental incapacity
Persons considering filing for legal separation should be aware that if
the other side countersues for divorce or annulment, the court will likely
grant the divorce or annulment (provided the grounds for either are met).
Even if one obtains final orders in the legal separation that provides
for custody and child support, that divides the parties assets and debts,
and which provides for spousal maintenance, all those matters can be revisited
in the event one of the parties later files for divorce.
A properly drafted settlement agreement, however, can specifically address
this issue in advance and may bring finality to the issues even in the
event of a later divorce action. Clients should be aware that the court
still reserves the power to revisit issues pertaining to the minor children,
including custody and child support.
Hire an Olathe Legal Separation Lawyer
If you are considering filing for legal separation, contact Martin &
Wallentine to consult with a
family law attorney about your rights and potential solutions in light of your goals.
Our experienced Olathe divorce lawyer is extremely familiar with legal
separations and has represented numerous clients pursuing this legal action.
For years, our lawyers have strived to provide the best legal representation
possible throughout all of
Johnson County. Our office is located in
Olathe across the street from the Johnson County District Courthouse, where we
practice nearly every day. Our attorneys are extremely qualified and help
clients throughout the area, especially in Olathe,