Negotiating a Separation Agreement
Once couples determine they want to proceed with a legal separation in Kansas, they must negotiate a separation agreement to formalize the terms of their separation, addressing all the same matters you would in a divorce. This agreement will cover various aspects such as:
Property and Asset Distribution
Asset distribution in a legal separation in Kansas encompasses the division of property, assets, and debts accumulated during the marriage, guided by equitable distribution principles in Kansas. Marital property, including real estate, financial assets, business interests, and personal belongings, is subject to division based on factors such as each spouse’s financial contributions, the duration of the marriage, and future financial needs. Separate property, acquired before the marriage or received as gifts or inheritances remains with the respective spouse, unless it has been commingled with marital assets.
A number of factors are used to help determine what an equitable distribution would look like for each individual couple. Negotiating a fair distribution requires consideration of each asset’s value, ownership, and contribution to the marital partnership, with professional guidance often sought to ensure compliance with state laws and tax implications.
Custody Arrangements
If you have kids, custody arrangements will need to be made, even if the marriage is still intact. If you and your spouse are living separately, where your child lives and decisions in regard to their daily lives will need to be outlined in a legally binding custody agreement.
Spousal Support
In cases where one spouse earns significantly more than the other, spousal support, also known as alimony or maintenance, may be awarded to ensure financial fairness and stability post-separation. Factors considered when determining spousal support include the duration of the marriage, each spouse’s earning capability, financial needs and obligations of each spouse, etc.
Addressing the factors outlined above will help you determine the terms of your separation agreement.
What if I Decide I Actually Want a Divorce?
During a legal separation in Kansas, either party can petition the court to convert the separation into a divorce. In Kansas, the process of converting a legal separation into a divorce is possible, but it may entail additional complexities, especially after the separation case concludes.
Petitioning for Conversion
Either party involved in the legal separation can petition the court to convert the separation into a divorce. This involves filing a formal request with the court, outlining the reasons for seeking the conversion, and providing any relevant documentation or evidence to support the request. Common reasons for seeking conversion to divorce may include irreconcilable differences, changes in circumstances, or a desire to completely dissolve the marriage.
Complexities After Conclusion
Converting a legal separation in Kansas into a divorce after the separation case concludes can present certain challenges. Once the separation agreement has been finalized and approved by the court, modifying the terms of the agreement or addressing new issues that arise during the conversion process may require additional legal proceedings. This can prolong the legal process and may result in increased time and expenses for both parties involved.
Legal Considerations
When seeking conversion to divorce, it’s essential to consider the legal implications and potential consequences. The terms of the original separation agreement, including provisions related to property division, spousal support, and child custody, may need to be revisited and renegotiated during the divorce conversion process. Additionally, any changes in circumstances since the initial separation, such as changes in income, employment status, or living arrangements, may impact the terms of the divorce settlement.
Seeking Legal Guidance
Navigating the process of converting a legal separation into a divorce can be complex, and it’s advisable to seek legal guidance from an experienced family law attorney in Kansas. An attorney can provide valuable insight into the legal requirements, potential challenges, and options available for converting the separation into a divorce. They can also advocate for your interests and ensure that your rights are protected throughout the process.
Finalizing the Divorce
Once the legal separation in Kansas is successfully converted into a divorce, the court will issue a final decree of dissolution, officially terminating the marriage. This decree will address all relevant issues, including property division, spousal support, child custody, and visitation rights, providing a comprehensive resolution to the marriage.
Making the Right Choice
Deciding between a divorce or legal separation in Kansas isn’t easy. Both options can be life-altering and need to be taken seriously. If you and your spouse are struggling to determine which option is right for your situation, meeting with an experienced Kansas divorce attorney can be helpful. They can listen to your concerns and goals for separating, outline all possible options, and help you determine which option could be the best for your unique situation. If legal separation in Kansas is something you’re considering, submit a free case evaluation or contact one of the experienced family law attorneys at Kansas Legal Group today!
