There is often a great deal of concern when a divorce is pending. Will you lose your home? Will you have access to your children to the degree that you want? How will financial matters such as property division, the family home, the outstanding debts and bank accounts or other assets be divided? Will you have a right to spousal maintenance, or will you be forced to pay maintenance or child support? Are there important issues regarding child custody that should be addressed? At Martin & Wallentine, our Johnson County divorce lawyer has a great deal of experience in family law and divorce issues, and can advise you what can be expected under state law, and how to negotiate on your behalf.
Clients looking for experienced guidance through the Kansas divorce process should consult with a Johnson County divorce attorney like Richard Martin. He has focused primarily on divorce cases for many years and has represented hundreds of clients and families. Through careful preparation and understanding of your goals, he evaluates what you are likely to obtain at trial. As a skilled lawyer with years of experience, he seeks to maximize your advantage to help you pursue your desired outcome.
Why Choose Our Divorce Attorneys in Johnson County, KS?
- We are available 24/7.
- We share decades of experience.
- We offer initial consultations.
- We devote significant amounts of time to each client.
Whether you are looking to amicably resolve your divorce or are fighting to uphold your rights in a complicated situation, our firm can craft a case that advocates for your rights and fits your needs.
Divorce Matters We Handle
Having the right attorney can make all the difference to the outcome of your case. Having competent legal representation means that your rights will be defended and your interests protected.
Our lawyers could help you through various legal issues that may apply in your case, including:
- Child custody
- Child support
- Fathers' rights
- Collaborative divorce
- Property division
- Alimony /spousal maintenance
- Division of Premarital Assets
- Additional Issues Decided in a Divorce Case
Why do clients choose divorce attorney Richard Martin? It's simple. He works to maximize the economic benefit his clients are likely to receive in a divorce and to minimize their amount of economic risk. This analysis necessarily begins with a realistic look at the likely outcome for the client should the case proceed to trial. This approach can have a significant impact on the value of the final divorce settlement. He keeps the outcome in mind and works to make it as successful as possible.
Is Kansas a No-Fault Divorce State?
You may have heard that Kansas is a "no-fault" divorce state. Technically, that's not quite true. A divorcing party still may cite the fault of one party as grounds for divorce—for example, a "failure to fulfill a material marital duty." According to Kansas law, it is simply not required in order to obtain a divorce.
Rather, so long as ONE party to the divorce action is willing to state under oath that the parties are "incompatible," the judge must grant the divorce as long as all the other statutory requirements are met.
For this reason, many judges frown upon the use of "fault" grounds in divorce cases. There are times, however, when one spouse's actions during the marriage could affect a judge's decision on how to settle the divorce. Our approach includes evaluating when it is prudent to introduce fault concepts into the divorce proceedings. In some cases, doing so may help to maximize a divorce settlement. This decision necessarily involves the careful evaluation of an experienced divorce lawyer in Johnson County. We can help you throughout Johnson County.
Uncontested Divorce, Contested Divorce and High Net Worth Divorce
We can assist you with a simple divorce (uncontested divorce), a contested divorce, a high net worth divorce, and all the matters that are involved in these various forms of marriage dissolution. We are trial lawyers and litigators, and should it be necessary to present your case in court, you can be confident that we will be presenting a well-prepared, persuasive case with your interests at the forefront of everything we do legally.
When filing for divorce, it is important that all the issues that could affect you are understood and under control. We take the time with each individual client to evaluate their unique situation and advise of how it could be expected to be resolved through the court. There are many cases that would be better served by negotiating an agreement as opposed to getting a decision at trial; we do all we can to bring these matters to a resolution without court intervention.
Divorce: Negotiations or Litigation?
When it is not possible to come to a reasonable compromise, or the other party makes demands that are unfair to you, we prepare a case for trial. Our family law attorney is highly qualified and experienced at trial, and 90% of the family law practice is devoted to litigation. It could not be more important that your attorney is a trial lawyer with experience and a track record of success. We take on divorce cases fully determined to get the best outcome possible for the client, and we can answer all of your questions about how we can help you.
What is Collaborative Divorce?
When considering divorce, there are several different options that you could pursue. One option is a contested divorce, which is the first type of divorce people think about. When both parties cannot come to an agreement regarding any aspect of their settlement, the divorce becomes contested. There is another option, however, that could allow you to pursue a divorce without litigation. This is known as collaborative divorce. It is sometimes referred to as mediation or alternative dispute resolution.
When two spouses choose to obtain a divorce through collaboration, no litigation is necessary. Collaborative divorce allows both parties to meet together with the counsel of a collaborative divorce lawyer and come to a settlement through negotiation and agreement. Their attorneys are not allowed to represent them in any way but are able to provide counsel and guidance through the process.
The benefit of collaborative divorce is that there is no need to go to court and there isn't any kind of ugly legal battle. Since collaboration involves determining property division, parenting time, child custody and spousal support through negotiation, the process is usually much faster and much less expensive, which is another benefit. The sooner your case is resolved, the fewer fees and you will be required to pay.
Call an Johnson County Divorce Attorney for a Consultation 24/7!
There are many times when a divorce can, in fact, be civil. When possible, we encourage parties to work together, through their attorneys, to resolve their divorce in a mutually acceptable manner. Each person should be represented by an experienced divorce lawyer to ensure that they are protected and to prevent costly errors.
We have years of quality experience and have represented hundreds of clients in courts throughout Johnson County and the surrounding communities, including Johnson County, Overland Park, Lenexa, Shawnee, Leawood, and Kansas City.
Johnson County Resource Links
Contact a divorce lawyer in Johnson County for a better chance at a positive outcome in your divorce, both financially and in matters relating to your children.
Read What Our Former Clients Have Said
"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