Family Law FAQ

1. What is the traditional legal process for divorce?
2. What is Divorce Mediation?
3. What is Collaborative Law?
4. What's the Best Way to Select a Divorce attorney?
5. How long will my case take and what will it cost?
6. How Much Child Support Will I Have To Pay?
7. Will I Have To Pay Alimony or maintenance? How Much?
8. Do We Have To State Specific Reasons For Getting Divorced?
9. We Have Already Agreed On Everything, do We Still Need a lawyer or mediator?
10. We've Already Started To Litigate Our Divorce. Can Mediation Still Help Us?
11. Will I be required to post a retainer?
12. What should I bring to my first meeting?

1. What is the traditional legal process for divorce?

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Although no two attorneys approach divorce in the same way, certain practices are standard. The divorce is commenced by the filing of a Petition for Divorce. At that time, you will be assigned a judge and your spouse will either be served with a copy of the petition or will voluntarily acknowledge having received it. Typically, your attorney will meet with you before fling the petition to gather information, explain the law, and attempt to understand your needs and positions. Often, financial information may be missing. An attorney may commence a process to gather information known as "discovery." This can be done informally by a voluntary exchange of information. Some attorneys however prefer, or feel the circumstances require, formal discovery that is supervised by the court and is typically done by (a) written questions called interrogatories that must be answered under oath; (b) requests for productions of documents; or (c) deposition testimony taken before a court reporter. The discovery process can be very expensive. Depending on the complexity of the case, expert witnesses may be needed. Experts can, for example, testify on the value of marital assets or on parenting issues. Often, divorcing families need to reach some agreement on how they will handle their finances while the case is pending. This can be done by way of an informal agreement. In some cases, your attorney may request the court for temporary orders to better define an interim financial arrangement or a parenting plan for the children while the case is pending.

After the attorneys have agreed upon formal or informal temporary orders and they have exchanged sufficient information, then settlement negotiations would be expected. Most of these discussions are between the lawyers, but settlement discussions should be communicated to the client. If the negotiations go well and an agreement is reached, a settlement agreement is prepared and approved by the court and the divorce is completed. If negotiations fail, then the lawyers may consider, or the court may order, mediation. If all efforts to settle fail, then the attorneys commence trial preparation. This could include readying witnesses, assembling and preparing exhibits for trial, and writing briefs for the court's consideration. At trial, the court will make the decisions the parties were unable to make on their own.

The vast majority of divorces settle.

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Mediation is a voluntary process to assist families in settling cases. In divorce mediation, the mediator does not represent either party, but instead tries to help them both in a confidential settlement process. Initially, both parties meet with the mediator together. An attorney mediator is likely to gather information, explain the law to both parties in general terms and often meets briefly with the parties separately. The mediator then assists the parties in reaching their own agreement. The parties should have their own attorney to support the process. The mediator can give no legal advice to either party. If either spouse does not wish to continue mediation, then traditional divorce litigation may be pursued. The vast majority of couples that begin mediation, complete the process and obtain their divorce through the mediation process.

You will cover the same topics that would be covered in a litigated divorce. If there are minor children, parenting schedules, parenting plans, child support and related issues are discussed. The distribution of both the financial assets and financial liabilities of the couple must also be addressed - e.g., what happens to the house, the cars and the credit card bills. Spousal maintenance (also referred to as alimony) is considered.

Each couple is different. One of the advantages of mediation is that it promotes flexible and creative solutions that courts and lawyers may not otherwise consider.

3. What is Collaborative Law?

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Collaborative Law is a relatively new hybrid that strives to blend the best of mediation and traditional divorce representation. Like traditional divorce, both parties have their own separate counsel; however, the parties typically follow a process that is guided by many mediation principles. The parties engage in informal discovery. Many of the meetings and negotiations are conducted with the clients present. If experts are necessary, the parties attempt to agree and use a common expert. The attorney and the clients commit from the beginning to settlement and if they can not reach settlement, the Collaborative lawyers resign from the case and the clients must start all over with new litigation counsel.

4. What's the Best Way to Select a Divorce attorney?

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Use the same common sense and due diligence that you would when hiring any other professional.

Things to take into account include the lawyer's educational and professional background. Although not essential, peer and professional recognition may be reviewed. Membership in the American Academy of Matrimonial Lawyers, local bar groups dedicated to Family Law, and significant experience are all are positive considerations. Referral from other lawyers, judges or satisfied clients should also be considered.

5. How long will my case take and what will it cost?

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How long your divorce takes and how much it will cost depends upon you, your schedule, the complexity of your situation and the level of agreement or disagreement that exists between you and your spouse. In Kansas, there is a sixty day minimum waiting requirement from the date the petition for divorce has been filed. For extraordinary circumstances the waiting period may be waived. Depending on a number of factors, our rates currently range from about $175 an hour for associates and from about $200 to $350 an hour for partners.

6. How Much Child Support Will I Have To Pay?

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Most people are not surprised to learn that the law requires parents to support their children, regardless or whether or not the parents are married to one another.

Kansas has established Child Support Guidelines to assist lawyers, Judges and the public in determining a minimum child support amount for families of a given size and income level. Many couples find understanding and applying the Child Support Guidelines to their situation difficult. Through the use of specialized computer programs, attorneys are able to assist clients in demystifying the Guidelines and in understanding how they might apply to their situation.

Child support is not tax-deductible. The person paying it does not receive a tax deduction nor does the spouse receiving it have to report it as income on their taxes.

7. Will I Have To Pay Alimony or maintenance? How Much?

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In Kansas, "alimony" is called "maintenance."

Sometimes people are surprised to learn that not every divorce involves maintenance. For one thing, there has to be the need for such support and the ability to pay it. For another, there has to be the request for such support. Typically, maintenance terminates upon the death, remarriage, cohabitation, or after a term of months.

Unlike the question of child support, Kansas law does not provide worksheets or guidelines to assist in the calculation of spousal support. Some counties have guidelines that courts will often consider but are not bound to follow. For example in Johnson County, maintenance for families with children is often set at 20% of the difference between the parties' income. For more information or to review the Johnson County Guidelines

8. Do We Have To State Specific Reasons For Getting Divorced?

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No. Both Kansas and Missouri allow for a "no-fault" divorce based on incompatibility.

9. We Have Already Agreed On Everything, Do We Still Need a Lawyer or Mediator?

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In general, the more a couple have agreed upon before sitting down with a mediator or lawyer, the faster (and less expensive) the process will be.

Lawyers often work with couples that have "worked it all out" between themselves prior to their initial appointment. In such cases, the attorney will devote time and effort to making sure that all the necessary details have been thought out and are equitable under all the circumstances. The can also typically prepare all of the necessary paper work. A lawyer can only represent one party in a divorce. A mediator can work with both spouses. but represents neither one.

10. We've Already Started To Litigate Our Divorce. Can Mediation Still Help Us?

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Many clients come to mediation after they've been in litigation. They put the litigation on hold and explore whether resolution is possible through mediation. Often judges order mediation.

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It is very common practice for most family law attorneys to require a retainer. You should very carefully review with your attorney his or her billing practices.

12. What should I bring to my first meeting?

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Although not required, there are a few things you should consider either individually or, when possible, with your spouse:

a. Particularly when children are involved, consider scheduling at least one meeting with a family therapist to discuss your divorce and attempt to develop common ground rules to protect your children, and each other, from any unnecessary hardships that might otherwise result from the divorce.

b. Consider an approach to divorce procedure: Traditional, Collaborative or Mediation.

c. Discuss interim financial arrangements and agree that no unusual expense will be incurred without an agreement.

d. Assemble all W-2's, K-1's, tax returns and other information so that incomes can be verified for at least the last two years.

e. Bring in a family photo for the attorney's file. Your divorce professional may be working with 20 or more families at a time and it is very helpful to be able to put the faces with the names. Also, some of the judges may request a picture for their file, particularly if children are involved.

f. Assemble one copy of all known bills and loan statements so the attorney can verify your outstanding obligations. Likewise, assemble account statements, appraisals or other indications of assets owned, so your assets can be defined and valued. Locate a benefits summary from your employers, including pension, insurance, profit sharing, and other retirement related accounts. If your finances are complex, consider retaining an accountant or financial planner to help you to prepare a preliminary family balance sheet.

g. Review and if possible complete a preliminary discussion draft of all forms that may be required by the court. For instance, Kansas requires a Domestic Relations Affidavit and Civil Cover sheet to be completed. Click here for Domestic Relations Affidavit (Excel).

h. Review, complete and bring with you to the first meeting, any fee agreements, engagement letters, mediation agreements or other documents your mediator or lawyer may require. In many states, including Kansas, attorneys acting as mediators are required to disclose in writing that they are not acting as either party's attorney and the mediation process is generally confidential. Please review the Agreement to Mediate. Also, complete the New Client Information Sheet.

i. If you reside in Johnson County, you may wish to review the Johnson County Bench Bar Guidelines