Divorcing couples must resolve their property disputes either through a marital settlement agreement or by litigating the issue in court. This can be complex, even if you don’t consider yourself wealthy. Kansas has an equitable distribution law that allows the court to divide assets and debts in a manner that is fair, but not necessarily even. A judge has great discretion in this matter, so you need a knowledgeable attorney to protect your property rights. Since 2008, The Henry Law Firm, P.A. has provided meticulous care to property issues for modest and lavish marital estates. Our detail-oriented approach enables us to assert your property rights in a compelling fashion. If you are concerned about your finances, trust our attorneys to take decisive steps to make your future more secure.
Under Kansas law, a couple’s property includes assets and debts. This property is either separate from the marital estate, solely owned by one of the spouses, and not subject to equitable distribution, or it is part of the marital estate and subject to distribution.
The first step of the process is to identify whether property is marital or separate. Separate property consists of all debts and assets that:
All other property is marital. It is also important to note that separate property can become part of the marital estate through a process known as commingling. In commingling, the couple’s use of separate property as a marital asset means that property has become a marital asset. Commingling can happen intentionally or unintentionally. Disputes often arise over the classification of an asset as separate or marital and whether commingling of an asset has actually taken place.
Marital property is subject to the next two steps in the equitable distribution process:
As your advocate, we bring pertinent facts that weigh in your favor to the court’s attention. We work tirelessly to assemble the evidence necessary to secure your separate property and obtain the full portion of the marital estate you deserve.
Property division is rarely cut and dried, and parties to the process can often be blindsided. We work to protect your interests on complex issues such as:
Whatever the size of your marital estate, you must retain an experienced and diligent divorce lawyer who is committed to protecting your rights and assets.
Divorce is painful enough without suffering financial hardship as well. At The Henry Law Firm, P.A., we work closely with you to effectively assert your property rights to deliver optimal results. Call us at 913-381-5020 or contact us online to schedule a consultation with one of our family law attorneys in Overland Park.