Divorce is not something that happens overnight. It is a process that has a beginning and an end, and numerous steps in between. The first step is to determine whether or not you can pursue a legal divorce according to Kansas state law.
In the Kansas Statutes § 23-2701, the grounds for divorce are:
- Failure to perform a material marital duty or obligation
- Incompatibility by reason of mental illness or mental incapacity of one or both spouses
We Help You with Every Step Involved in a Divorce
The next step is often a "trial period" where one spouse moves out, but no divorce action is pursued. The point of such an event is usually to give the spouses time to determine whether they want to obtain a divorce, move back together, or choose legal separation. Sometimes this trial separation is skipped, but it is a common beginning to the divorce process.
The next step would be deciding which type of divorce to pursue. The basic options are contested divorce, collaborative divorce or mediation. Or, as mentioned before, they spouses could choose legal separation, which allows them to live their separate lives without ending their marriage and the benefits therewith. After deciding on the course of action, the next step is to file a petition and notify the spouse that you are filing for divorce, unless you are both in agreement to pursue divorce, in which case they need only sign a Voluntary Appearance form.
A temporary hearing will then follow to establish temporary orders for child custody, support, visitation, etc. until the official hearing occurs, and the case is settled. An agreement must also be decided upon, which involves property division, final court orders including spousal support, etc. If this cannot be arranged outside of the court, a trial will allow the two parties to be represented by attorneys and fight for a fair settlement before a judge and jury.
Consult with a Johnson County Divorce Lawyer to Get Started
If you are considering divorce, be sure to get quality legal counsel before taking any decisive action. At Martin & Wallentine, we have handled numerous divorce cases and are skilled in family law. Contact a member of our firm before pursuing a divorce case so that we can review your case and help you make an educated and beneficial decision.
Our legal team is made up of seasoned litigators and a former professional speaker. Attorney Wallentine could convincingly argue on your behalf in order to obtain the court orders you need. With a Johnson County divorce attorney from our team on your side, you could obtain the best possible results for your case.
Learn more today through our online case evaluation or by calling for your initial consultation.
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"Professional, informative, and vital in working with the prosecutor to secure the most favorable outcome possible".Barb
"Jerry kept in constant contact with us and our son during the case and went the extra mile to plea before the judge outside and inside the courtroom".Joanne from Nebraska