Divorce Attorneys Wichita, KS Serving the StateA divorce action is initiated by filing a Petition with the District Court. A Temporary Order is generally filed with the Petition and will govern the case until the case is concluded or the Temporary Order is modified. After the Petition and Temporary Order are filed and served on the other party, he or she will have twenty days to file a response, or Answer, with the Court.
In many cases, our divorce attorneys must conduct what is known as discovery to ascertain information about the case. Discovery generally takes the form of written questions to the other party, requests for production of documents, depositions and subpoenas. These measures are aimed at determining the fitness of the other party as a parent, the value of the marital assets and debts, and any and all other matters relevant to the divorce action.
After discovery is completed (if it is necessary), the case will be concluded in one of two ways: through a settlement or with a trial before a judge of the District Court. Our Wichita divorce attorneys attempt to settle all cases, but we also understand that litigation is sometimes necessary if the other party has taken an unreasonable position. In the event your case leads to a trial, our divorce attorneys Wichita, KS are experienced litigators who will aggressively advocate your position in court.
In Kansas, most divorces are granted on “no fault” grounds such as incompatibility. This means that virtually everyone is entitled to a divorce if they seek it, and spouses are generally not penalized for their behavior during the marriage. In addition to the actual divorce, several other matters are adjudicated within a divorce action, including: child custody, child residency, child support, spousal maintenance (alimony), and property and debt division. Our Wichita divorce attorneys have the skill and experience to assist you with these and other matters relevant to your divorce action.
For a general overview of the divorce process or answers to some frequently asked questions about divorce, please visit our Resources page.
Divorces that involve a high asset marital estate can be especially complex given the complicated valuation issues and tax ramifications. Our divorce attorneys Wichita, KS have the experience, knowledge and skill to analyze intricate financial documents and utilize financial experts to present an otherwise confusing case in an intelligible manner. In the past, the attorneys of Cleary Wagle & West have represented clients involved in divorce actions concerning the valuation and division of medical practices, dental practices, farms, ranches, banks, law practices and other family owned businesses of all kinds.
High Asset Divorce
The divorce or annulment process is drastically simplified when a couple has determined that they need to separate but have decided to proceed amicably and can agree upon the relevant issues involved such as child custody, child support, spousal maintenance (alimony), and the property and debt division. In such cases, our role is largely confined to offering limited advice, ensuring that the parties comply with relevant Kansas law, and drafting the appropriate legal documents.
Uncontested Divorce or Annulment
The essence of collaborative law is the shared belief of the participants that it is in the best interests of the parties and their families to commit themselves to resolving their differences with minimal conflict. The parties adopt a conflict resolution process that does not rely on court imposed resolution. The process does rely, however, on an atmosphere of honesty, cooperation, integrity and professionalism. One of the major goals in adopting the collaborative law process is to maximize settlement options for the benefits of all parties and to minimize, if not eliminate, the negative economic, social and emotional consequences of protracted litigation for the participants and their families. Please visit www.collaborativelaw.com for further information.
Some clients may prefer a legal separation, also known as separate maintenance, rather than a divorce. A legal separation may be the preferred course of action for clients with unique financial circumstances. Other clients may favor a legal separation if they believe there is a chance for reconciliation or they are morally opposed to divorce. A legal separation action is very similar to a divorce action in that issues related to child custody, child residency, child support, spousal maintenance (alimony), and property and debt division are all adjudicated through a legal separation. The only tangible difference between a divorce and legal separation is that at the conclusion of the case, the parties remain legally married to one another.
Kansas law provides that some marriages can be annulled. Typically, a marriage that can be annulled is of a short duration. Further, there must be some basis for the annulment such as a mistaken belief as to a material fact relevant to the marriage. If a marriage is annulled, Kansas law treats the marriage as never having existed. However, for most practical purposes, an annulment accomplishes the same results as those achieved through a divorce action. The major difference is that the party who receives an annulment can comfortably state that he or she was never legally married.
For more information on types of divorce cases, please contact the divorce attorneys of Cleary, Wagle & West. Our divorce attorneys of Wichita, KS have years of experience in successful litigation in this case type. Please contact our office today for a consultation. Our divorce attorneys Wichita, KS are dedicated to the best interests of every client.