1.   In a divorce, are two lawyers necessary, or can one lawyer take care of everything? 

It is neither practical nor ethical for a lawyer to represent parties whose interests conflict. In those unusual divorces where both spouses agree on everything, it may be possible for one lawyer to draft all of the necessary paperwork to obtain a divorce. Even if it looks like both spouses agree, we follow the policy of representing only one spouse, and we encourage the other spouse to get appropriate advice and counsel and have all paperwork reviewed before signing. In that way, we may continue to represent you even if you and your spouse initially agree but later disagree on all or part of the issues in your case.

If there are issues regarding temporary possession of a residence or property, temporary custody or residence of children, or temporary child or spousal support, there may be an advantage to being the party who first files for divorce. The first to file usually obtains temporary orders governing these issues. The other party is normally not present when these orders are issued. Because there is often some delay and expense involved in changing these orders, the party who first files for divorce is often thought to have an advantage. Any perceived advantage is temporary. Divorce should always be the last and final option to address problems in marriage.

3.   Some of our property is titled in my spouse's name only. Does that mean my spouse will receive that property when the divorce is granted?

Kansas courts attempt to divide property in a fair and reasonable manner. The property to be divided by the court includes all property owned by the parties when the divorce proceeding is filed, regardless of whether the property is held jointly or individually. The fact that the title to certain property shows the name of only one spouse is, generally, irrelevant. (The Court may, however, take into consideration the fact that one spouse received particular property through a gift or inheritance.)

Kansas courts attempt to develop custody and parenting arrangements that are in the best interests of the parties' children. Joint legal custody is ordered in the overwhelming majority of cases. (This means that both parents have an equal right to join in major decisions about the child.) Ordinarily, the mother and father start off on equal footing. Courts generally require both parents to work together to develop and agree upon a parenting plan for the kids, with the help of a mediator if necessary. If the parents are unable to agree, a court-ordered child custody investigation will be done. The court then decides which parent the children will live with, arranges for appropriate parenting time for each parent, and makes other orders to ensure the best interests of the children are protected.

Kansas has developed child support guidelines. The amount of support is generally based upon the gross monthly income of the parents, the cost of medical insurance and work-related child care expenses, and the age of each child. Parents are usually required to pay for uninsured medical expenses in proportion to their incomes. The child support amount may be adjusted based upon income tax considerations, special needs of the children, long distance visitation costs, the overall financial circumstances of the parties, and other factors. Child support may be adjusted later based upon a material change of circumstances.

Alimony, also known as spousal support or maintenance, generally has two purposes: equalization of the division of property, and support for a spouse with relatively limited income and financial resources. Whether alimony will be awarded involves many factors, including the age of the parties, their earning capacity, the property division, the length of the marriage, the parties' special needs, the parties' family ties and obligations, contribution or sacrifice by one party to aid the other's education or career, and the parties' overall financial circumstances. Fault is not generally relevant to the issue of spousal support. As a general rule, alimony will be ordered where there is great disparity between the incomes of the parties, especially if the marriage has been long-term. The legislature has placed limits on the length of time for which alimony may be ordered. Alimony generally lasts longer for longer-term marriages.

Contracts entered between prospective spouses in contemplation of the marriage are known by various names, including antenuptial, prenuptial, or premarital agreements. Years ago, such contracts were entered only by wealthy people to protect assets from marital claims in the event of premature death or divorce, usually with the focus of protecting the family business. As the frequency of divorce and blended families has increased over the years, such agreements are now more common. The focus of these agreements has expanded to include protection of children from prior marriages, estate planning and division of assets, spousal support, and attorney fees in the event of divorce.

Rev. 4/06