Aggressive Wichita Divorce Attorney Asserts Your Rights
Aggressive representation focused on fair, amicable settlements
If you have decided to dissolve your marriage, David A. Hawley, P.A. wants to help you do so on the best terms possible. As your divorce attorney, my job isn’t to litigate your marriage — it’s to secure your future. I help you identify your goals for life after divorce and then, drawing on more than 25 years of legal experience, I suggest strategies for achieving those ends. When negotiating terms for a marital settlement or litigating issues in court, I assert your parental and property rights vigorously to obtain optimal results.
Understanding your options in a Kansas divorce
Under Kansas law, you have options for obtaining a divorce. I thoroughly explain your options and evaluate your circumstances so you can make a fully informed decision on the best path to pursue. Depending on your situation, you may choose:
- No-fault divorce — You can file for divorce based on incompatibility rather than having to prove your spouse committed some kind of marital wrongdoing, such as adultery or abuse.
- Uncontested divorce — During an uncontested divorce, couples can negotiate a marital settlement agreement and present it to the court for approval, sparing them the time and expense of hearings on the issues.
- Contested divorce — Any issues the couple cannot resolve in negotiations or mediation must be settled through a court hearing where the judge decides the outcome.
- Emergency divorce — Under certain circumstances, the court can grant a divorce without the standard 60-day waiting period.
- Divorce by publication — In cases of abandonment, where the location of the respondent spouse is unknown, a petitioner can accomplish service through publication of the divorce in local media. If the missing spouse does not respond, the petitioner is granted an uncontested divorce.
- Legal separation — For some couples, a final divorce is not appropriate. Couples who need to remain married for religious reasons or to retain eligibility for benefits can file for a legal separation. The court issues an order settling child custody, child and spousal support, and property division. The couple has all the protections of divorce, but the spouses are not free to remarry.
There are many factors to consider when choosing the appropriate divorce process. Was there violence and abuse in the marriage? Can the divorcing spouses work cooperatively to dissolve their marriage? I give you the benefit of my experience so you can make the best choices for yourself and your children.
Protecting your rights during the divorce process
The most volatile issues of divorce involve financial security and relationships with children. With each case, the details are very different, but the key points are the same:
- Temporary support — Dependent spouses are entitled to pendente lite alimony as well as child support during the divorce process.
- Spousal support — Kansas law allows the court to award either spouse alimony that is fair, just and equitable for a term up to 121 months. After that, the recipient spouse can apply for another award, again up to 121 months.
- Child custody — Kansas courts decide child custody based on the best interests of the child. Custody can be joint (shared) or sole, depending on each parent’s ability to provide a residence for the child and assume the duties of a primary caretaker.
- Child support — The Kansas Supreme Court has adopted child support guidelines, based on the premise that each parent should contribute to the child’s maintenance.
- Distribution of property — Kansas is an equitable distribution state; the court divides marital assets and debts in a manner that is fair but not necessarily equal. Each spouse is required to make a full financial disclosure, including all bank accounts, stocks, retirement funds, real property, and other assets.
As your divorce attorney, I am your advocate, protecting your rights at every stage of the process.
Contact an aggressive Kansas lawyer to assert your rights in divorce
David A. Hawley, P.A. helps clients throughout Wichita dissolve their marriages on favorable terms. Call me today at 316-469-6809 or contact me online to arrange a consultation. My office is in the Hayford East Building at 129 East 2nd Street, in the heart of Old Wichita.