Couples who are unsure if they are ready to file for a divorce have the option to enter into a legal separation. In Kansas, this process is similar to a divorce but does not sever the ties between the couple. It does initiate provisions that are enforced by law in relation to the establishment of a parenting plan which promotes the best interests of the children. If the couple chooses at a later time to file for a divorce, the court does identify the terms of the separation as those permissible in a divorce. It is advisable for both parties to seek counsel through Divorce Lawyers in Hutchinson KS.
Divorce Trials
A divorce trial is necessary when mediation is unsuccessful, and the couple is unable to reach an agreement through negotiations. This implies that the divorce was contested and unresolved without court assistance. It also allows the judge to impose his or her renderings, which are final.
In terms of property division, the state of Kansas is identified as an equitable distribution district in which the marital estate is divided fairly. Some common determinations utilized to establish which spouse is on the receiving end of key properties, and assets include the age of each party. The length of the marriage, earning capacity, and the identity of the original owner are other factors that the judge considers.
The judge reviews tax obligations to ensure that both parties are equally responsible. Any division of property that could result in an uneven balance is assigned based on which spouse receives the most benefit from the property. Inherited properties are typically eliminated from the marital estate unless both parties were identified as the owner in a will.
Alimony is awarded at the judge’s discretion. The law prevents awards of maintenance that exceed one-hundred twenty-one days from the finalization of the divorce. However, the spouse may file a motion to extend these payments prior to this cut-off date if it presents an economic hardship. Recipients of alimony who wish to file a petition in court for an increase or extension should contact Divorce Lawyers in Hutchinson KS or visit Hutchlawks.com for further instruction.
