Getting divorced is never an enjoyable process, whether you are the one who instigates the divorce or the one on the receiving end of the papers. When you get married, a divorce should be the last thing on your mind, but the unfortunate truth is that some marriages end abruptly and painfully. It is important that you take the proper steps to protect yourself in your divorce by making a plan to divide your assets. A Kansas City, KS, divorce lawyer can help you.
How Is Asset Division Handled in Kansas?
In the Kansas state court system, asset division is handled through equitable division. Instead of a straight 50/50 split, equitable division assures that both spouses receive as fair a split of the assets as possible. It is important to remember that fair does not always mean equal. The court will try its hardest to ensure both parties receive what they feel is deserved in the wake of a divorce. You may not get everything you want, but you will get what the court feels you deserve.
If you and your spouse are pursuing an uncontested divorce and are able to work out a mutually beneficial agreement for asset division amongst yourselves, the court will take that into serious consideration and may just decide to go with your proposed plan. Otherwise, asset division is going to be decided by the court.
When working on a mutually beneficial agreement in an uncontested divorce, you will also need to decide on a child custody arrangement if there are children involved. If you and your spouse are able to have a productive discussion and bring your parenting plan to the court, the court will certainly take your plans into consideration. If you and your spouse are unable to speak to one another due to pronounced contention, you will likely be unable to make a parenting plan.
Separate Property Versus Marital Property
In the event that you and your spouse are not able to reach an agreement regarding the marital assets, it will fall to the court to split these assets equitably. The first thing the court will do is divide the assets into two distinct categories: separate property and marital property.
Separate property will largely be everything that both spouses had in their name prior to getting married. This will include inheritances clearly meant for one person, certain assets, certain debts, and personal gifts.
Marital property will be the exact opposite. Everything that both spouses earned during the course of the marriage will be considered marital property, with some exceptions. Marital property may include the home, purchased vehicles, 401(k) accounts, retirement investments, business assets, and more. This is what will be divided between both spouses.
The Benefits of a Prenuptial Agreement
The existence of a prenuptial agreement, or prenup, changes everything when it comes to asset division. A prenup is a legally binding contract agreed upon by both parties prior to marriage that protects both spouses’ premarital assets in the event of a divorce. If you are entering a marriage with a great deal of wealth and assets, it may be prudent to insist on your spouse signing a prenup.
Prenups sometimes have a stigma attached to them, as some spouses may view them as an omen of divorce or a sign that their partner does not trust them. For the wealthier spouse, a prenup can be a smart way to prove that your spouse is marrying you for love, not for what you can provide. If a prenup is in place at the time of divorce, the court will likely follow the agreement. A good divorce lawyer can help you put one together if you are considering one.
FAQs
Q: Does Gender Matter in a Kansas Divorce?
A: No, gender does not come into play in a Kansas divorce. When it comes to asset division, spousal support, and child custody, each spouse’s gender is not a factor that changes anything. Kansas courts apply the same laws and expectations to men and women alike. Assets will be divided equitably or in accordance with a prenuptial agreement. Child custody will go to the parent who is well-suited for financial and physical care.
Q: Who Will Receive the Marital Home?
A: There is no telling who will receive the marital home in the event of a divorce. The marital home is considered an asset that will be divided equitably between both parties. If you and your partner are able to work out an agreement together that answers the question of the house, the court will consider it. Many times, the most effective option is to simply sell the marital home together and divide the profits equally amongst yourselves.
Q: What Will Determine How the Assets Are Divided?
A: Many different factors come into play when the court is trying to split the marital assets in an equitable fashion. The judge presiding over your case will consider the length of the marriage, which property is considered marital property and separate property, the earning potential of each spouse, the age of both spouses, and more. The goal is to make sure neither party is neglected or cheated when it comes to what they receive in the settlement.
Q: What Are the Grounds for Divorce in Kansas?
A: Because Kansas is a no-fault divorce state, you do not need specific grounds to file for a divorce. Neither party is required to prove fault in order to end their marriage. However, the state does have grounds that can make it easier to pursue a divorce. These include incompatibility, failure to perform marital obligations, and mental illness.
Reach Out to a Divorce Lawyer Today
The last thing you should have to deal with during your divorce is holding everything together on your end. An experienced divorce lawyer can help you make sure you meet certain deadlines, file the correct paperwork, and fight for everything you deserve. The legal team at Stange Law Firm understands the kind of help you’ll need to come out ahead in your divorce. Contact us to speak with a team member about your case.