Divorce, Legal Separation

Divorce and Legal SeparationDivorce

The prospect of filing for divorce or legal separation can be upsetting, frightening or for even some, liberating. The wide range of emotions that a person may experience can make this process all the more difficult to deal with, particularly when such matters as child custody, child and spousal support, parenting time/visitation and property division need to be addressed. Even a divorce which starts out amicable may turn into a bitter and drawn out legal battle as you and your spouse seek different outcomes. There are important considerations that you will need to make regarding your needs, your child(ren)’s well being as well as protecting your financial future.

Consulting an attorney is one of the most important actions to take when you are considering ending your marriage, whether that is temporarily or permanently. In a divorce, the court will divide the real and personal property of the parties, including any retirement and pension plans, whether owned by either spouse prior to marriage, acquired by either spouse in the spouse’s own right after marriage or acquired by the spouses’ joint efforts. The court may also award to either party an allowance for future support denominated as maintenance, in an amount the court finds to be fair, just and equitable under all of the circumstances. The Court may make the future payments modifiable or terminable under circumstances prescribed in the decree. Having an attorney work with financial experts, apply legal knowledge and experience, and present you with several scenarios from which you can understand your financial position, both present and future, will be necessary in determining your future financial position.

Most often the details of a divorce or legal separation can be resolved between the parties. If this is the case, you and your spouse will need to come to a complete agreement about all terms of your divorce or separation. If that is not possible, then these matters will be decided by a judge. Most often it is less time consuming and expensive to work out a divorce or legal separation agreement out of the courtroom. A negotiated settlement means that you and your spouse will have more freedom on determining the exact terms. However, at times these terms simply cannot be worked out without court assistance. Through negotiations or litigation in court, your attorney will need to assert your rights and protect your interests every step of the way.

At The Bright Family Law Center, our legal team is here to represent your interests in your divorce or legal separation. We represent clients throughout Kansas and Missouri and are thoroughly committed to providing our clients with the skilled legal counsel they need, whether this is in a settlement posture or in arguing your case in court.

Legal Separation (legal term is “Separate Maintenance”)

A legal separation is similar to a divorce in that all of the same issues that must be addressed in a divorce must also be addressed in a legal separation. A legal separation is often sought in situations where, for religious reasons or other personal reasons, the couple wishes to keep the legal status of the marriage in place but live and operate separately. The difference with a legal separation is that the two parties will remain legally married.

If you are considering a legal separation from your spouse, contact us at The Bright Family Law Center where one of our attorneys can help guide you in your decisions. We represent clients throughout all of Kansas and Missouri.

PATERNITY

Paternity means to establish the legal rights of a father-child relationship. Establishing paternity allows a child(ren) to obtain numerous benefits through the father. These rights include child support, inheritance rights, right to sue for wrongful death, and the right to certain benefits, such as social security or disability. Establishing paternity also allows the father to seek custody or parenting time. Whether you desire to establish your legal rights as a father or need to obtain benefits as the mother, The Bright Family Law Center can assist you in this endeavor.