The Henry Law Firm Johnson County Kansas Family Law Divorce Attorney 9225 Indian Creek Parkway, Suite 1150 · Overland Park, Kansas 66210 · Phone: 913.381.5020 · Map
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KANSAS DIVORCE FAQS

Specific questions for individual circumstances should be asked of a competent Kansas family law attorney. The statements on this FAQs page are general in nature and for informational purposes only. No statements on this website should be taken as legal advice or regarded as intent to form an attorney-client relationship.

Is it possible to stop the divorce?
It is quite difficult for one spouse to stop the divorce action of the other spouse. Generally, in Kansas, the divorce will occur even when only one spouse wants it. Kansas is a non-fault state, meaning that one spouse only needs to allege incompatibility for the divorce to be granted.

Can one Attorney represent both parties to the divorce action?
No. It is unethical and fundamentally impossible for an attorney to represent both the husband and the wife in a divorce action. An attorney has a duty to zealously advocate for the client and advise the client. If an attorney were able to represent both husband and wife, it would not be possible for the attorney to zealously advocate for both parties. In some circumstances, however, when there is only one attorney working with a couple, that attorney represents only one of the two individuals, and should clearly inform and often remind the couple which of the two the attorney represents.

How long will it take for my divorce to be finalized?
Except for reasons of the existence of an emergency, Kansas has a statutory sixty (60) day waiting period after the filing of the Petition for Divorce before the divorce action can be heard, or otherwise finalized. Finalization of the divorce action beyond the mandatory sixty day period often depends on the complexity of the issues within the divorce action, whether an agreement is likely to be reached, whether a trial will be necessary, and the extent of the court’s busy calendar.

Do I need to move out of the house?
The answer depends on your particular set of circumstances. You should consult with a competent family law attorney to help you assess this answer. However, moving out of the marital residence does not mean that you are necessarily abdicating any of your claims and interests to any available equity, or that you are forfeiting any entitlement to a division of the household furnishings and goods.

Can I change the locks on the house?
No, unless the Court has granted you the exclusive use and possession of the marital house. If you have concerns regarding your or your children’s safety while remaining in the house, you should contact a competent family law attorney to help you assess your particular circumstances to determine whether a restraining order would be appropriate.

I think my spouse is hiding cash and assets. How do I prove it?
Both parties to the divorce action are required to disclose financial information to insure an equitable division of assets and debts. The parties are not permitted to conceal resources. A competent family law attorney has the available tools to proceed with discovery mechanisms to expose the financial information sought. These tools include, but are not limited to: production of documents, interrogatories, admissions, depositions, expert witnesses, forensic accountants, and private investigations.

Can I change the Judge?
There are some very limited circumstances that will permit you to request a judge to recuse her/himself. Significant bias or conflicts of interest are usually acceptable grounds. However, you are better served by thinking of ways to settle your divorce action by an agreement with your spouse, rather than having a judge render a decision based on the evidence presented at a trial. You will save thousands of dollars in litigation expenses if it is possible for you to settle the issues of your divorce case.

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This website is for informational purposes only and should not be taken as legal advice or regarded as an intent to create an attorney-client relationship.