Providing Compassionate Legal Representation
When you and your spouse have decided that the marriage is over, getting a divorce is the next step. The divorce process varies from state to state, and having legal representation throughout the process is essential. With a divorce lawyer on your side, you can advocate for your rights and ensure you are not being taken advantage of as you discuss settlement terms and what the future looks like.
At Fisher Law, a family law firm in Kansas City, our team focuses only on family law cases. We are committed to serving clients in Kansas City and helping them resolve their divorces quickly and easily. If you’re looking for a team of divorce lawyers who will have your back and fight for your best interests, look no further than our law firm.
We understand how overwhelming the divorce process can be. If you have any questions about your divorce or would like to speak to an attorney on our team about your case, please call us today at 816-307-9752.
What is the Divorce Process?
When you work with our divorce lawyers, we will guide you through the entire divorce process, ensuring you understand each step. Finalizing a divorce requires significant paperwork, negotiations, and adherence to deadlines. Having a general understanding of the process can help you protect your interests and advocate for your needs.
Typically, the divorce process involves the following steps:
- Meeting residency requirements: Most jurisdictions require at least one spouse to have lived in the state for a certain period before filing for divorce.
- Filing a Petition for Divorce: One spouse initiates the process by filing a petition to dissolve the marriage.
- Service of the Petition: The non-filing spouse must be formally notified by being served with a copy of the petition or by agreeing to enter their appearance in the case.
- Discovery: Both spouses are required to disclose their income, assets, and financial status to ensure transparency during the divorce proceedings.
- Settlement negotiations: The spouses must reach an agreement on key issues like property division, support, and custody. If an agreement cannot be reached, the case may proceed to trial for resolution.
This general framework applies to many states, but specific regulations may vary depending on local laws.
How Long is the Waiting Period for a Divorce in Missouri?
The minimum waiting period for a divorce in Missouri is 30 days from filing. This means that after you file for divorce, the court will not sign off on your divorce papers until 40 days have passed. However, most divorce cases take much longer than the minimum waiting period.
An uncontested divorce may only require a few months of negotiations. A contested divorce, however, could take up to several months. An effective way to get your divorce resolved more efficiently is by working with our team of Kansas City divorce lawyers.
What Are the Major Issues to Discuss During a Divorce?
During the divorce process, you and your spouse will need to agree on all major issues. Any unresolved issues between you and your spouse will be determined by the court in a trial.
Divorce law issues can include:
Child Custody
One of the most significant terms parents discuss together is child custody arrangements. In most cases, parents agree to joint custody, where children will spend time between each household. Parenting time varies in each case. In cases where sole custody is ordered, visitation is typically also ordered.
Child Support
One party may be awarded child support to help pay for basic needs and essentials. Child support payments are calculated based on parenting time and each parent’s income.
Maintenance
Similar to child support, maintenance is paid when one spouse makes significantly more than the other. These payments are used to maintain the lower earner’s lifestyle after the divorce is finalized.
Division of Assets
Marital property must be divided between spouses in order to finalize the divorce. Assets may include the family home, vehicles, bank accounts, retirement accounts, and business interests.
How Are Assets Divided During Divorce?
Missouri and Kansas divides property and assets according to equitable distribution. This means that assets will be divided equitably, not necessarily equally. The court will decide which spouse gets which assets based on a number of factors.
Non-marital or separate property is not split between spouses. Instead, each party retains the property they entered into the marriage with. Similarly, if either spouse inherited any money or property during the marriage, that is typically considered a non-marital asset and will not be divided.
Working with a divorce attorney is essential when negotiating property division. Without a lawyer on your side, you may not know what you are entitled to. Our team will educate you on asset division and help you negotiate an equitable settlement.
Do You Need a Divorce Attorney?
All family law matters are inherently difficult. Divorce can be challenging not only legally but emotionally, too. Ending a marriage is a huge decision. Our team is here to support you throughout your divorce process so you can close this chapter of your life and set your sights ahead toward the future.
Protecting yourself during the divorce process is essential. Even if you and your spouse agree on most terms, you need a professional on your side to ensure you understand what you’re entitled to. Our lawyers will draft all agreements and advocate for your well-being.
Fisher Law has been representing clients just like you for over 10 years now. We are confident that we can make the process easier for you and your family. If you’d like more information or a consultation about your case, please contact us at 816-307-9752.