Filing for divorce? Here’s what to expect from Wagle & Turley
A divorce action is initiated when lawyers file a Petition with the District Court. A Temporary Order is generally filed with the Petition. In addition, this Order will govern the case until the case is concluded or the Temporary Order is modified. After the Petition and Temporary Order are filed and served on the other party, he or she will have twenty days to file a response with the Court.
In many cases, our lawyers must conduct what is known as discovery to ascertain information about the case. Discovery generally takes the form of written questions to the other party, requests for production of documents, depositions, and subpoenas. These measures aim to determine the fitness of the other party as a parent, the value of the marital assets and debts, and any other matters relevant to the divorce action.
After discovery is completed (if necessary), the case will be concluded in two ways: through a settlement, or with a trial before a judge of the District Court. However, our lawyers attempt to settle all cases.
We also understand that litigation is sometimes necessary if the other party has taken an unreasonable position. In the event your case leads to a trial, our lawyers are experienced litigators who will aggressively advocate your position in court.
In Kansas, most divorces are granted on “no-fault” grounds. For example, incompatibility. To clarify, this means that virtually everyone is entitled to a divorce if they seek it, and spouses are generally not penalized for their behavior during the marriage.
In addition to the actual divorce, several other matters are adjudicated within a divorce action. This includes child custody, child residency, child support, spousal maintenance (alimony), and property and debt division. Our lawyers have the skill and experience to assist you with these and other matters relevant to your divorce action.
Please visit our Resources page for a general overview of the process or answers to some frequently asked questions about divorce.