Clarke & Wilson, LLC
Divorce
No attorney-client
relationship is formed
by visiting this website.
Copyright 2008 by
Clarke & Wilson, LLC
This website is
maintained by
Stephanie J. Wilson
relationship is formed
by visiting this website.
Copyright 2008 by
Clarke & Wilson, LLC
This website is
maintained by
Stephanie J. Wilson
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Stephanie J. Wilson
Because emotions often run high in family law matters, it is crucial that you obtain professional and objective legal representation. If retained as your attorney, I will take the time to explain the issues in your case, the applicable law, the various options available to you, and possible outcomes. Armed with this knowledge, you can then make the best possible decisions about your case and your future. |
| I provide aggressive, yet professional, legal representation to accomplish your objectives. If settlement negotiations and mediation do not produce an amicable resolution, I have both the will and the experience to represent your interests in court. I handle a variety of family law issues, including divorce, both contested and non-contested, child support, child custody, maintenance, and enforcement issues. Please call me today for a consultation. My contact information is listed on the "Contact Us" page. What follows is a brief description of family law in Kansas. Please note that viewing this information does not create an attorney-client relationship. That relationship is not established until you and I have both signed an agreement to that effect. |
WARNING – This website is not a substitute for a lawyer. Do not try to use this site as a do-it-yourself
guide. The information it contains may not be appropriate for your particular situation. If you attempt to use
the information on this site instead of hiring a lawyer you are setting yourself up for a potential disaster of epic
proportions.
GENERAL INFORMATION
When a marriage unravels and spouses decide to part ways, there are several types of actions that may be
initiated in court, such as protection from abuse, separate maintenance, annulment, and divorce.
For more information regarding protection from abuse, click here.
SEPARATE MAINTENANCE
A separate maintenance action is often referred to as a "legal separation" although there is no need to file any
action in court for the parties to separate from each other. A separate maintenance action seeks to separate
and divide all the parties' property and affairs without a termination of the marriage. It allows for the
court's continuing supervision and enforcement powers.
ANNULMENT
An annulment seeks to have a marriage dissolved and declared invalid. In other words, it undoes the entire
marriage as if it never existed. Only marriages that are void or voidable may be dissolved in an annulment
action. A marriage is void under the following circumstances: a) marriage between persons of the relationship
of the third degree or closer; b) bigamous marriages and other legal prohibitions. A marriage is voidable if
some material fact existed at the time of the marriage about which one or both of the parties were unaware
and which would have led them not to become married had they know of the fact.
Please note that an annulment granted by a civil court under state law is not the same as a religious annulment.
DIVORCE
PETITION FOR DIVORCE
Residency Requirements
In order to file a Petition for Divorce, one of the parties must have been an actual resident of the State of
Kansas (i.e., considered Kansas to be there permanent home) for at least 60 days before filing for divorce.
Grounds
Most actions for divorce in the State of Kansas are filed on the ground called “Incompatibility.” In filing the
divorce action, the Petition need only state that the parties are “incompatible.” It is not necessary to allege or
prove such traditional grounds as adultery, cruelty, physical abuse, etc., even though such conduct may have
occurred.
Answer
If you have been served with divorce papers, you only have 20 days to file a written Answer.
Waiting Period
Kansas law provides that, generally, a divorce shall not be finalized prior to the expiration of 60 days from the
date on which the petition for divorce is filed. There are exceptions to this rule in emergency situations. This
waiting period is commonly referred to as a "cooling-off" period.
Temporary Orders
You can request that the court issue temporary orders which will apply to your case until the court issues a
final decision in your case. Typical temporary orders will restrain both parties from disposing or encumbering
marital assets, restrain the cancellation or modification of insurance policies or changing of beneficiaries on
such parties, making provisions for child custody, residency visitation and child support, spousal support, and
providing for the use, possession, and occupancy of the parties' residence, automobile, and other property
items.
Guidelines
If your case has been or will be filed in Johnson county or in Shawnee county, there are published guidelines
that may be applicable to your case. Please note that these guidelines are not binding law, they are merely
suggestions for how the court may rule on issues regarding the dissolution of your marriage. There are no
guidelines for Douglas county. For the Johnson county guidelines, click here. For the Shawnee county
guidelines, click here.
Property & Debt Issues
The standard for dividing marital property and debt in Kansas is "equitable division." This does not mean
equal. The court has wide discretion in dividing property and debt.
Spousal Maintenance
Spousal maintenance may be ordered in a divorce. Spousal maintenance is based upon one party's need and
the other party's ability to pay.
Child Support
Both parents are obligated to provide for their child/ren's financial needs. It is the child's right to be supported
and the Court will protect this right despite an agreement between the parents that no child support shall be
paid. The amount of child support is determined by the child support guidelines. To view the guidelines,
please click here.
Child Custody, Residency and Parenting Time
Parents have a constitutional right to custody of their children. Included in that right is the right to determine
how their children are raised. The critical factor which the court will consider is what custodial arrangement
would best serve the interests and welfare of the child/ren.
The court will make two types of decision concerning your children: legal custody and parenting time.
The court will consider all relevant factors in determining the issue of child custody, residency and parenting
time in accordance with the best interest of the child. Those factors include but are not limited to the
following:
CONCLUSION
I hope you have found this information useful. If you have additional questions, please feel free to contact me.
Sincerely,
Stephanie J. Wilson
guide. The information it contains may not be appropriate for your particular situation. If you attempt to use
the information on this site instead of hiring a lawyer you are setting yourself up for a potential disaster of epic
proportions.
GENERAL INFORMATION
When a marriage unravels and spouses decide to part ways, there are several types of actions that may be
initiated in court, such as protection from abuse, separate maintenance, annulment, and divorce.
For more information regarding protection from abuse, click here.
SEPARATE MAINTENANCE
A separate maintenance action is often referred to as a "legal separation" although there is no need to file any
action in court for the parties to separate from each other. A separate maintenance action seeks to separate
and divide all the parties' property and affairs without a termination of the marriage. It allows for the
court's continuing supervision and enforcement powers.
ANNULMENT
An annulment seeks to have a marriage dissolved and declared invalid. In other words, it undoes the entire
marriage as if it never existed. Only marriages that are void or voidable may be dissolved in an annulment
action. A marriage is void under the following circumstances: a) marriage between persons of the relationship
of the third degree or closer; b) bigamous marriages and other legal prohibitions. A marriage is voidable if
some material fact existed at the time of the marriage about which one or both of the parties were unaware
and which would have led them not to become married had they know of the fact.
Please note that an annulment granted by a civil court under state law is not the same as a religious annulment.
DIVORCE
PETITION FOR DIVORCE
Residency Requirements
In order to file a Petition for Divorce, one of the parties must have been an actual resident of the State of
Kansas (i.e., considered Kansas to be there permanent home) for at least 60 days before filing for divorce.
Grounds
Most actions for divorce in the State of Kansas are filed on the ground called “Incompatibility.” In filing the
divorce action, the Petition need only state that the parties are “incompatible.” It is not necessary to allege or
prove such traditional grounds as adultery, cruelty, physical abuse, etc., even though such conduct may have
occurred.
Answer
If you have been served with divorce papers, you only have 20 days to file a written Answer.
Waiting Period
Kansas law provides that, generally, a divorce shall not be finalized prior to the expiration of 60 days from the
date on which the petition for divorce is filed. There are exceptions to this rule in emergency situations. This
waiting period is commonly referred to as a "cooling-off" period.
Temporary Orders
You can request that the court issue temporary orders which will apply to your case until the court issues a
final decision in your case. Typical temporary orders will restrain both parties from disposing or encumbering
marital assets, restrain the cancellation or modification of insurance policies or changing of beneficiaries on
such parties, making provisions for child custody, residency visitation and child support, spousal support, and
providing for the use, possession, and occupancy of the parties' residence, automobile, and other property
items.
Guidelines
If your case has been or will be filed in Johnson county or in Shawnee county, there are published guidelines
that may be applicable to your case. Please note that these guidelines are not binding law, they are merely
suggestions for how the court may rule on issues regarding the dissolution of your marriage. There are no
guidelines for Douglas county. For the Johnson county guidelines, click here. For the Shawnee county
guidelines, click here.
Property & Debt Issues
The standard for dividing marital property and debt in Kansas is "equitable division." This does not mean
equal. The court has wide discretion in dividing property and debt.
Spousal Maintenance
Spousal maintenance may be ordered in a divorce. Spousal maintenance is based upon one party's need and
the other party's ability to pay.
Child Support
Both parents are obligated to provide for their child/ren's financial needs. It is the child's right to be supported
and the Court will protect this right despite an agreement between the parents that no child support shall be
paid. The amount of child support is determined by the child support guidelines. To view the guidelines,
please click here.
Child Custody, Residency and Parenting Time
Parents have a constitutional right to custody of their children. Included in that right is the right to determine
how their children are raised. The critical factor which the court will consider is what custodial arrangement
would best serve the interests and welfare of the child/ren.
The court will make two types of decision concerning your children: legal custody and parenting time.
- Legal Custody. Legal custody is the allocation of parenting responsibilities between parents, or any
person acting as a parent, including decision making rights and responsibilities pertaining to matters of
health, education and welfare. Joint legal custody is the preferred legal custodial arrangement.
- Residency and Parenting Time. The court may order a residential arrangement in which the child
resides with one or both parents on a basis consistent with the best interests of the child.
The court will consider all relevant factors in determining the issue of child custody, residency and parenting
time in accordance with the best interest of the child. Those factors include but are not limited to the
following:
- 1. The length of time that the child has been under the actual care and control of any person other than
a parent and the circumstances relating thereto;
2. The desires of the child's parents as to custody or residency;
3. The desires of the child as to the child's custody or residency;
4. The interaction and interrelationship of the child with parents, siblings and any other person who
may significantly affect the child's best interests;
5. The child's adjustment to the child's home, school and community;
- 6. The willingness and ability of each parent to respect and appreciate the bond between the child and
the other parent and to allow for a continuing relationship between the child and the other parent;
7. Evidence of spousal abuse;
8. Whether a parent is subject to the registration requirements of the Kansas offender registration act
or any similar act in any other state, or under military or federal law;
9. Whether a parent has been convicted of abuse of a child, K.S.A. 21-3609, and amendments thereto;
10. Whether a parent is residing with an individual who is subject to registration requirements of the
Kansas offender registration act or any similar act in any other state, or under military or federal law;
and
11. Whether a parent is residing with an individual who has been convicted of abuse of a child.
CONCLUSION
I hope you have found this information useful. If you have additional questions, please feel free to contact me.
Sincerely,
Stephanie J. Wilson
