Divorce Law in Topeka, KS

Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues. Are you facing a costly divorce in Topeka, Kansas? Does your estranged spouse have an attorney? Usually, couples going through a divorce are unable to compromise on most items and reach an agreement on their own. Thus, many couples go through mediation or the court system to resolve their case.

Issues Involved in Topeka, Kansas Divorce Law

There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.

Dividing Property

One of the most challenging issues in the divorce law process is dividing property, debts and assets. In many states, like Kansas, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition property, which may not equate to a perfect 50/50 division of your property, debt, and other assets..

Child Support

Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing and other basic needs.

Under Kansas Child Support Guidelines, a Topeka court must use a complex formula to determine base child support. The judge can then make adjustments based on the specific circumstances of the family. Both parents’ incomes are factored into the equation, as are any extraordinary expenses for medical bills or childcare.

If you do not pay your child support, Kansas Child Support Services can garnish your wages. In addition, your property and accounts can be seized or your driver’s license suspended. In extreme cases, you could be subject to criminal charges for contempt of court.

Alimony

Alimony, or spousal support, can vary dramatically depending on the marriage, and Topeka, KS divorce law court looks at multiple factors when determining the amount and length of alimony, including:

A spouse’s need and the other spouse’s ability to pay
The age and health of each spouse
The length of the marriage
Each spouse’s earning capacity and level of education
The division of property
Parental responsibility of the children
Sole investments and assets of either spouse

Kansas law permits Topeka courts to award alimony based on the financial needs of the supported spouse. Alimony is most commonly short-term, giving both spouses time to become financially independent. Longer-term alimony is rare, and is statutorily limited to a maximum of 121 months.

Child Custody and Visitation

Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.

Kansas statute lists several factors that must be considered by a Topeka court making custody decisions. These factors include:

The preferences of the parents and the child

The relationships between the child and each parent

The child’s connections to extended family, school, and community

Any abuse or neglect

A Topeka judge must consider all statutory factors, but is permitted to include any additional relevant factors as well.

Generally, Topeka, Kansas courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.

The Process of Going Through Divorce Law in Topeka, Kansas

Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.

Step 1: File the Divorce Law Petition

The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:

A legal reason for divorce (grounds for divorce)
A statement that shows at least one spouse meets the state’s residency requirements for divorce
Other statutory information your state requires

Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.

No-fault divorces are permitted in Topeka. One spouse must simply state that the couple is incompatible.

Step 2: Request Temporary Orders

The divorce law process in Topeka can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:

Child custody
Child support
Spousal support
Property restraining orders
Status quo orders

Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.

Step 3: Serve Your Spouse and Wait for Their Response

If you are the one who files a petition for divorce, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third-party who then records the proof of service.

Step 4: Try To Come to an Agreement

The ideal outcome for anyone going through a divorce is an uncontested process, where both spouses agree on all terms.

This can be achieved through direct negotiation or with the assistance of a mediator. Not only does this approach save both parties money, but it also typically results in less conflict and a smoother resolution.

Step 5: Go To Court

If you and your spouse are unable to reach an agreement, then the case continues before a Topeka, KS judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.

Topeka divorces are under the jurisdiction of the Shawnee County District Court. The filing spouse must be a Kansas resident. In addition, one of the spouses must have lived in Kansas for at least 60 days before the filing date.

Step 6: Receive the Judgement of Divorce

The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody and all relevant issues between the couple.

Work With an Experienced Topeka, Kansas Divorce Law Attorney

If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Topeka divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Kansas state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.