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Divorce / Annulments

 

Wichita Divorce and Family Lawyer

When a married couple decides to end the marriage, both parties usually go through tremendous emotional stress. The complexity of the legal process involved and the various issues that they will have to contend with compound this, including distribution of property, child custody, spousal and child support, etc. Divorce is a serious legal matter that, in addition to profound relational and personal consequences, can have long-lasting effects on a person’s finances and property. If you are considering divorce in Wichita or anywhere in the south central Kansas area, you should consult with an experienced family law attorney. J. Joseph Weber of Weber Law Office, P.A.has years of experience in dealing with family law issues in Kansas, including divorce, and can provide you with sound legal advice on what your next steps should be.

When you have family law concerns, and are seeking solutions, you deserve the help of someone who shares your Christian values. Whether you are going through a divorce or are interested in an adoption, you want an attorney who understands your beliefs and can help you understand your options. At the Wichita Weber Law Office, P.A., we have been helping the community throughout south central Kansas for over 29 years. We have also presented continuing legal education seminars on advanced family law issues.

Let Us Find the Right Solution for You
Contact Weber Law Office, P.A.

When you hire Weber Law Office, P.A. we will be by your side to protect your rights throughout the entire legal process. We try to resolve all our family law cases in an amicable manner, but we will zealously litigate when it is in your best interest. Dedicated to providing efficient legal counsel, we will help you reach an acceptable resolution as soon as possible.

Divorce

We know how hard it can be to go through a divorce. We also understand that your values are just as important to you as the day you got married. We will assist you in finding solutions for every aspect of your divorce and divorce settlement, including:

  • Spousal support and maintenance: Also known as alimony, we will help you come up with a spousal support plan that works for you.
  • Child support: You never stop being a parent and you always want what is best for your children. Determined by state guidelines, we will make sure they come up with the right child support amount and help make sure that it is enforced.
  • Legal separation/separate maintenance: If you and your spouse are trying to reconcile but are currently living apart, or need to legally separate, we can help establish the financial support you need until the two of you work things out.
  • Annulments: When possible, we advocate the use of annulments instead of divorce.
  • Child custody
  • Visitation modification
  • Prenuptial/premarital contracts
  • Paternity disputes
  • Divorce-related business valuations
  • Adoptions
  • Juvenile child in need of care

Grounds for Uncontested Divorce and Annulment

Under Kansas statute at K.S.A. § 23-2701, district courts in the state are required to grant a decree of divorce for the reason of incompatibility, failure to perform a material marital duty or obligation, or incompatibility because of mental illness or mental incapacity of one or both spouses. Incompatibility works essentially as a no-fault provision for divorce.

If the divorce is sought on the grounds of incompatibility by reason of mental illness or mental incapacity, the court must find that either the spouse is confined in an institution for mental illness for a period of two years, which does not need to be continuous, or an adjudication of mental illness or mental incapacity of the spouse by a court while the spouse is confined in a mental institution. In either case, there must be a finding by at least two of three physicians, appointed by the court before which the action is pending, that the mentally ill or mentally incapacitated spouse has a poor prognosis for recovery from the mental illness or mental incapacity, based on general knowledge available at the time.

Additionally, Kansas also has statutory provisions at K.S.A. § 23-2702for annulment of marriage. An annulment may be obtained if the marriage is either void or voidable. Marriage is void if the spouses could not legally enter into marriage in the first place because, for example, they were too close in a family relationship or there was some other legal prohibition on their marriage. If there was some significant fact about which one or both parties did not have knowledge that existed at the time of the marriage, which would have led the other person not to enter into the marriage, it is a “voidable” marriage.

Procedures

To initiate a divorce action in Kansas, either spouse must have been a resident of Kansas for at least 60 days before the petition for divorce is filed. On the other hand, a petition for annulment may be filed on the first day one of the parties becomes a resident of Kansas. Divorce or annulment actions are usually filed in the county in which either you or your spouse resides.

If the divorce is uncontested and the spouses both agree to terminate the marriage, they may sign a settlement agreement. The settlement agreement usually includes provisions about spousal support, a division of property and, if applicable, child custody and support. When complete, the agreement is submitted to the court for review. Once approved, the court finalizes the divorce, and the terms of the agreement become binding on both parties. If the couple have children, the Petitioner will be required to submit, in addition to the petition for divorce, a parenting plan that establishes the terms and conditions of custody and visitation, a domestic relations affidavit that establishes the couple’s finances and children; and a child support worksheet, which establishes child support calculations.

Contact Us

If you need representation in a divorce proceeding, you should seek experienced legal counsel who knows the ins and outs of family law in Kansas. Call Weber Law Office, P.A.at (316) 265-7802 or submit our online information request form.

Whatever challenges your family faces, we can help you find solutions that maintain a focus on your values. Located in Wichita’s River Park Place, our office is open Monday through Friday from 8 a.m. to 5 p.m. We offer weekend and evening hours by appointment. Contact us today for more information about your family law concerns.