Kansas courts require the equitable division of property — but that does not necessarily mean equal. There are a number of factors that will be considered by a Kansas family court judge when deciding what “equitable” means in your particular situation:
The education, health and wage-earning capacity of each partner
The length of the marriage (which can play a role in the decision to award spousal support)
One factor that is rarely considered in asset division is fault. While this may be a very important matter to you, the judge will rarely consider it.
The Process of Property Division
The first step in the process of marital property division is to document and place a value on marital assets:
Retirements plans such as 401(k)s and pensions, savings and investments
Personal property such as furniture and cars
Valuing marital property can be difficult. I have access to financial experts who can help with this task, particularly with property and businesses.
Once the value of your marital assets and marital debts is known, many couples find that they can work together to reach an agreement on property division. If not, there are options available to help in this task, such as mediation, collaborative law, or litigation in divorce court.
Collaborative law can be particularly useful for couples with large estates because the process allows for experts to be selected jointly and to be brought to the table during negotiations. This allows both parties to have a good understanding of complex assets so they can make better decisions with the help of their lawyer.
Choosing a Divorce Attorney
The family court judge is allowed to exercise his or her discretion when deciding which circumstances to consider in awarding alimony and deciding on the division of marital property. Your ability to influence that decision will rest primarily with your divorce lawyer. That’s why it’s so important to work with an experienced family law attorney who knows the local courts and how local judges tend to view the facts of a case.
At the Law Offices of Valerie L. Moore, you will find compassionate and effective legal representation that keeps your long-term best interests front and center. I’ve been a divorce attorney in the greater Kansas City area for more than seven years. I understand our state laws and our local courts. I can guide you through the process of property division and help you reach your goals.
*** The information on this website is for general informational purposes only and is not legal advice. Nothing in this website establishes an attorney-client relationship between Valerie L. Moore and the viewer.