Divorce is the dissolution of a marriage relationship by a judgment of the Court. Divorce actions differ from other legal actions because they involve strong emotions by the parties and because the decision rendered in the action will likely affect both parties for the rest of their lives.
Kansas does not require either party to prove the fault of the other in order to obtain a divorce. Either party may file solely on the grounds of incompatibility (non-fault grounds). Kansas law allows for either a Petition for Divorce, which will end the marriage, or a Petition for Separate Maintenance, which will leave the marriage intact. Another option is to file a Petition for Annulment, which declares the marriage to be null and void. Within all three actions, the Court will make final orders dividing property and debt, awarding custody, parenting time, and support for minor children, and providing for spousal maintenance (alimony), if appropriate. The Petition for Divorce cannot be heard until 60 days have passed from the date it was filed.
Kansas law requires a judge to equitably (not necissarily equal) divide all property and debt of the parties to a divorce, whether the property was brought into the marriage or acquired during the marriage. In deciding on the division of property, the Court is required to consider the age of the parties; the duration of the marriage; the property owned by the parties; their present and future earning capacities; the time, source and manner of acquisition of property; family ties and obligations; the allowance of maintenance (alimony) or lack thereof; dissipation of assets; the tax consequences of the property division upon the respective economic circumstances of the parties; and such other factors the court considers necessary to make a just and reasonable division of property.
The attorneys and staff at Ward Potter LLC are caring professionals who will work with you to carefully and efficiently navigate your case. Lynn Ward leads the firm, and has dedicated her practice to family law cases for 30 years. She is especially experienced in handling cases involving high net worth individuals and business valuations. Tony Potter has practiced law for over 25 years and tried scores of cases, most of which involved family law issues. He is highly skilled in courtroom work, knowing how to present a complicated divorce case to a judge in a concise and convincing manner. Each client of our firm benefits from their experience and expertise.
The first step in filing for divorce, separate maintenance, or annulment, is to complete a questionnaire which elicits the information needed by your attorney to prepare the documents to be filed with the Court on your behalf. The questionnaire is in PDF format. We suggest that you bring the questionnaire with you to your first meeting with the attorneys at Ward Potter LLC.