Overland Park, Kansas Family Lawyers in Johnson County

What Is Family Law in Overland Park, Kansas?

Family law focuses on legal matters involving family relationships and domestic issues. These cases often arise during periods of significant emotional stress and personal transition, making knowledgeable and steady legal guidance essential. In Overland Park and throughout Johnson County, family law matters may include dissolution of marriage, child custody and parenting time, child support, adoption, paternity, and fathers’ rights.

Because of the personal and financial stakes involved, family law cases can be complex and emotionally demanding. At Stange Law Firm, PC, our attorneys help clients navigate these challenges with diligence, experience, and a thorough understanding of Kansas family law and local court procedures.

Dissolution of Marriage in Johnson County, Kansas

Dissolution of marriage is the legal process of ending a marriage. When individuals marry, they enter into a legally recognized relationship. To dissolve that relationship, one party must file the appropriate paperwork with the district court.

Kansas is a no-fault dissolution state, meaning a spouse does not need to prove wrongdoing by the other party. Instead, it is sufficient to allege that the marriage is irretrievably broken. Kansas law also imposes residency requirements that must be satisfied before a dissolution may proceed.

A key issue in dissolution cases is the division of marital property and debts. Kansas courts seek an equitable division of assets and liabilities, which does not necessarily mean an equal split. Courts may consider factors such as the length of the marriage, each party’s contributions, future earning capacity, and financial needs. In certain cases, misconduct may also be considered when determining property division or spousal maintenance.

Dissolution as Civil Litigation in Overland Park, Kansas

Dissolution cases are handled in Kansas district courts and are treated as civil litigation. Like other civil matters, these cases may involve formal discovery, including depositions, interrogatories, and subpoenas.

Many dissolution cases also involve mediation or other forms of alternative dispute resolution, which can help parties reach agreements without the need for trial. While some cases settle early, others—particularly those involving contested issues or significant assets—may proceed to trial. Effective representation requires familiarity with court rules, procedures, and litigation strategy throughout the process.

Maintenance and Spousal Support in Johnson County

Spousal maintenance, previously referred to as alimony, is one of the more challenging issues in many dissolution cases. In Kansas, spousal maintenance is not determined by a strict formula and is largely left to the discretion of the court.

When deciding whether to award maintenance, Kansas courts may consider factors such as the length of the marriage, each party’s age and health, earning capacity, financial resources, and the standard of living established during the marriage. Courts may also consider marital misconduct in certain circumstances. Presenting clear and persuasive evidence on these issues is critical to achieving a fair outcome.

Pre-Nuptial and Post-Nuptial Agreements in Overland Park, Kansas

A prenuptial agreement is a contract entered into before marriage that outlines how certain financial matters will be handled in the event of dissolution. These agreements typically address issues such as property classification, asset division, and spousal maintenance.

Prenuptial agreements must include full and fair disclosure of assets and debts and must be entered into voluntarily to be enforceable. Matters involving child custody and child support cannot be predetermined in a prenuptial agreement. A postnuptial agreement serves the same purpose but is executed after the parties are married.

Child Custody and Parenting Time in Johnson County

Child custody is often one of the most emotional aspects of family law. In Kansas, courts make custody and parenting time decisions based on the best interests of the child. Factors may include the child’s relationship with each parent, the ability of each parent to provide a stable environment, and any history of substance abuse, domestic violence, or criminal conduct.

When parents can agree on a parenting plan, courts often approve it. If disputes arise, attorneys may present evidence such as school records, professional evaluations, and other relevant documentation to assist the court in making an informed decision.

Legal and Physical Custody in Overland Park, Kansas

Kansas distinguishes between legal custody and physical custody. Legal custody refers to the authority to make major decisions regarding a child’s upbringing, while physical custody concerns where the child primarily resides.

Courts may award joint legal custody, sole legal custody, or shared physical custody, depending on the circumstances. It is also possible for parents to share one form of custody without sharing the other. Understanding how Kansas courts evaluate custody arrangements is essential to setting realistic expectations and making informed decisions.

Child Support in Johnson County, Kansas

Children are entitled to financial support from both parents. Kansas uses child support guidelines to calculate support obligations, taking into account each parent’s income, allowable deductions, healthcare costs, childcare expenses, and parenting time arrangements.

Courts presume that the parent with primary residential custody provides direct support to the child. Attorneys play an important role in ensuring that child support calculations are accurate and that all relevant financial information is properly presented, particularly in cases involving disputed income or underemployment.

Abuse and Neglect Proceedings in Kansas

Abuse and neglect proceedings are among the most serious matters in family law. These cases may arise when the state believes a child is at risk or is not receiving adequate care. The state may initiate proceedings against a parent or guardian and may also appoint representation for the child.

Family law attorneys may represent parents accused of abuse or neglect or assist parents in working toward reunification with their children. Because the termination of parental rights carries a high legal standard and serious consequences, these cases require careful preparation, strong advocacy, and a detailed understanding of Kansas law and procedure.