FAQs

In Kansas and Missouri, property is divided fairly, though that may not always be equally. This process factors in each spouse’s separate or non-marital contributions to the assets but starts with the presumption that all assets acquired during the marriage are marital assets subject to division. However, if you and your spouse have already come to an agreement on how assets should be split, those agreements can be upheld if they are equitable. At Fisher Law LLC, we will ensure every avenue is investigated so no asset or wish gets overlooked.

The divorce process in Kansas starts when one spouse files a Petition for Divorce in the correct county. Then, Kansas has a 60-day waiting period before a divorce can be finalized. Once the petition has been filed, the other party is served, and the process of asset division, negotiation, or litigation can begin. However, the first step to any divorce is to find a divorce attorney, like those at Fisher Law LLC.

The divorce process in Missouri starts when one spouse files a Petition for Dissolution of Marriage. Then, Missouri has a 30-day waiting period before anything can be finalized. After the petition is filed, the other party is served, and negotiations, litigation, and asset division begin. However, the first step to any divorce is to find a divorce attorney, like those at Fisher Law LLC.

Custody decisions in Kansas and Missouri are based on the best interests of the child, not solely on the parent’s preference. Both sides of the state line have best interest factors that the court will look at in determining custody (decision-making) and parenting time (time spent with each parent), if the parents cannot agree. In most cases, parties settle on near equal time, as that is the presumption in Missouri and a trend in the law in Kansas.

Making child support arrangements isn’t always easy, especially if you and your co-parent disagree on income or parenting time. Similarly, modifying child support can be difficult, especially without an attorney. As your legal team, Fisher Law LLC will be your legal advocate for all your child support needs.

A child support worksheet will be run, and the parties can agree to use that worksheet, or if the parties cannot agree, the Judge will decide the support amount.

Some of the variables involved include:

• The income of the parents
• Child care expenses
• Health insurance premiums
• Parenting time for each parent

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.

During the divorce process, you and your spouse will need to agree on all major issues. The court will determine any unresolved issues between you and your spouse in a trial. Divorce issues can involve child custody, child support, spousal maintenance, and property division.

Unless parents are married, paternity must be established through the court. Putting a presumed father’s name on a birth certificate does not make that person a legal father.

A person or entity qualified by statute can petition for paternity, including:

• The father
• The mother
• A conservator
• A guardian
• A public welfare agency

A Paternity action can be filed before a child is born, and the court will then delay the paternity trial until after the birth of the child.

A valid prenuptial agreement may include variations of the following:

• A disclosure of all assets, income, and debt from each spouse, and what will remain separate property
• A list of court-ordered maintenance being paid or received (like spousal support or child support)
• Instructions for paying premarital debts
• Instructions for spousal support payments in the event of a divorce or waiver of the same
• Plans for death benefits to the other spouse