HOME ALONE – IS YOUR CHILD READY?
A parent needs to honestly answer whether the child is ready for self-care, as there are both risks and opportunities associated.
Please read our disclaimer as it applies to all resources on mghfamilylaw.com. Below you will find Frequently Asked Questions.
We are often asked questions about Kansas Law as it pertains to Family Law. So, as a public service, we provide some answers to some commonly asked questions. Keep in mind that the answers to these questions provide only general information. You should contact a qualified family law attorney to find out how the law applies to your own specific situation. Although domestic relations are governed primarily by state statutes, individual judges determine how the statutes apply to specific situations in individual cases. The information provided on this page is not intended to provide legal advice and does not create an attorney-client relationship between the viewer and MannGordonHussey. See our disclaimer page for further information.
This means that the usual ground for divorce is “incompatibility.” “Incompatibility” means the relationship between spouses is broken to a point that they do not get along, don’t want to or cannot live together any longer, and that either one or both of them do not want to be married any longer.
Kansas appellate cases indicate that if one person wants a divorce and says that they are “incompatible” with the other spouse, then the spouses are, by definition, “incompatible” – even if the other spouse does not want a divorce, or thinks that they can work out their problems, or doesn’t think the problems are “any big deal.”
Kansas courts are required to grant a divorce if one spouse asks for a divorce to be granted.
When a divorce petition is filed, the petition usually says only that spouses are “incompatible.” A party filing for divorce (or filing a “counterclaim” for divorce) may claim “fault” grounds for the divorce; however, Kansas appellate decisions indicate this does not have any effect upon the way in which the courts decide issues in the divorce unless that allegation has specific relevance to the issue to be decided.
The first two weeks to one month after a divorce filing is made or received is usually a chaotic time for both spouses (regardless of who filed the divorce petition). Neither one knows what is going to happen, and the person who received the divorce petition is often unprepared, did not know there was anything wrong, or the divorce filing came at a particularly high-stress time in their marital relationship.
The best approach is to take a deep breath and calm yourself. Making decisions while emotions are high doesn’t usually work well. You want to make reasonable and informed decisions.
The first thing to do when served with divorce papers is to contact a lawyer. Although everyone has a right to represent themselves, it is rarely recommended that you do so. Despite what many people think, the law is complex and even in situations in which the dispute seems simple, it is rarely a good idea to not seek a lawyer’s advice.
It is extremely important that after receiving divorce papers they are not ignored. By not responding properly and promptly to divorce papers, many people have given up valuable rights or entered into agreements that they could have easily avoided by proper action. If nothing else is done after receiving divorce papers, you must at least file an answer or response in the court identified on the papers within the time stated.
Choosing the right attorney for your divorce is an important decision. Your attorney should be a trusted and experienced professional with whom you feel comfortable sharing information openly. He or she should be an advisor you can trust and an advocate for your interests.
You will rely upon your attorney to help you make many decisions throughout the course of your divorce. You will also entrust your legal counsel to make a range of strategic and procedural decisions on your behalf.
Consultation for a divorce might be your first meeting with a lawyer. Know that attorneys want to be supportive and to fully inform you. Feel free to seek all the information you need to help you feel secure in knowing you have made the right choice.
Find an attorney who practices exclusively in the family law area, like all the attorneys at Mann Gordon Hussey. Although many attorneys “handle” divorces or sometimes dabble in this area of the law, it is likely you will have more effective representation at a lower cost from an attorney who already knows the fundamentals of divorce law in Kansas. Kansas does not recognize practice area specialization, so you will need to rely upon other indicators of the attorney’s expertise, such as current membership in the American Academy of Matrimonial Lawyers association, or the Johnson County Family Law Inn of Court.
Determine the level of experience you want in your attorney. For example, if you have had a short marriage, have no children, and few assets, an attorney with less experience might be a good value for your legal needs. However, if you are anticipating a custody dispute, have had a long-term marriage, or have complex business or substantial assets, a more experienced attorney may better meet your needs.
Consider the qualities in an attorney that are important to you. Even the most experienced and skilled attorney is not right for every person. Ask yourself what you are really looking for in an attorney so you can make your choice with these standards in mind.
It is important that you be confident in the attorney you hire. If you are unsure about whether the lawyer is really listening to you or understanding your concerns, keep looking until you find one who will. Your divorce is an important matter. It is critical that you have a professional you can trust.
Here you will find a series of helpful guides that pertain to family law in Kansas.
A parent needs to honestly answer whether the child is ready for self-care, as there are both risks and opportunities associated.
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Ever since you and your spouse began talking about divorce, chances are your children have been your greatest concern. You or your spouse might have