Some people involved in a marital dissolution (divorce) in Kansas consider engaging in the process without a Wichita divorce attorney. While this is technically permissible, there are significant disadvantages to trying to obtain a divorce without legal representation. The motivation behind attempting to navigate the divorce process without a lawyer often is founded on false assumptions. Some individuals assume that a martial dissolution without attorneys will reduce conflict and expense. In reality, a skilled and experienced divorce attorney will safeguard your interests and can reduce the animosity and adverse financial impact of a divorce. Our Wichita divorce attorney discusses ten ways that a lawyer can guide divorcing parties to a more desirable outcome in this two-part blog post.
Providing an Understanding of Your Rights: Many people are unsure whether to expect a contentious litigated divorce or an amicable negotiated settlement of issues like child custody, alimony, equitable distribution of property, child support and related family law matters. Effective negotiation of these issues entails an understanding of the range of potential outcomes if a judge where asked to decide the issues. Similarly, a marital settlement agreement is difficult to negotiate when you do not know the possible resolutions permitted by law. For example, unrepresented parties to a divorce might attempt to reach a settlement that involves a waiver of child support or non-modifiable child custody orders. Kansas family law does not permit either of these arrangements. Child support is based on the guideline formula, and the right to financial support from both parents belongs to the child. Similarly, the parties to a divorce cannot permanently divest a court of the right to make child custody modifications upon a significant change of circumstances in the best interest of the child. If parties are fully informed of their legal rights and potential judicial determinations, they can avoid the conflict and animosity that arises when parties negotiate without the benefits of insight into what to expect from a judge.
Offering Emotional Objectivity: When people are involved in the divorce process, their perception of the issues and potential solutions are often clouded by intense emotions like jealousy, betrayal and anger. These emotions can derail negotiations that would otherwise lead to win-win solutions. Because your Wichita divorce attorney is emotionally detached from the situation, he or she can objectively explain your options and guide you toward an amicable resolution of your divorce issues. If your decisions are dictated by careful analysis of the facts, options and consequences, this will reduce the risk of unjustified conflict that simply runs up the cost of your divorce.
Knowledge of Legal Standards and Court Procedures: The court process and legal standards that guide a judge’s decision can be complicated and difficult to understand for a layperson. Child custody is based on a list of factors that include the willingness of a parent to promote the child’s relationship with the other parent, prior spousal abuse, the child’s adjustment, desires of the parents and potentially the preference of the child depending on the child’s age and maturity. When important issues like the residential custody and timeshare arrangement involving your children are at stake, you need an attorney with a proven track record of gathering and presenting evidence on these critical factors. Parties to a divorce also must observe evidentiary and court rules which can be complex.
Creative Effective Solutions Based on Experience: When you are represented by an experienced family lawyer who has successfully handled many divorces, chances are that your attorney will have handled similar issues in other marital dissolutions. The best divorce settlements can provide a win-win scenario for both parties, but these types of resolutions are easier to negotiate when the disposition of an issue is based on prior experiences. Our law firm also may deploy alternate dispute resolution options like mediation or collaborative law to reach amicable mutually satisfactory dispositions.
Less Strain on Children: While you and your spouse might disagree about the optimal timeshare arrangements for your child, our divorce lawyers recognize that people often worry about the emotional impact of a divorce on their child. We work diligently to reach an amicable resolution to child custody issues while pursuing our client’s interests. Wichita divorce attorney J. Joseph Weber understands that clear and well-designed timeshare and custody arrangements must anticipate and preempt potential disagreements.
If you have questions about divorce, child custody, division of assets/debts, alimony and/or child support, we welcome the opportunity to answer your questions and explain your options. We invite you to call the Weber Law Office, P.A. at (316) 265-7802 or submit an inquiry form through this website to schedule your initial consultation.