How much does it cost to file for divorce?
Depending on which county and state you file in, the court will charge you a filing fee ranging from $130 to $175. Attorney's fees vary based on the complexity of the case. In most cases, we charge a $2,500 retainer and bill time against that from $175 to $225 per hour for contested cases. While every case varies, the average charge through this office is between $4,000 to $7,000 over the course of about 18 months.
Can one attorney represent both parties? Do I need to get my own attorney?
An attorney can ONLY represent one party to the transaction. If you and your spouse are in agreement on everything, then it is probably not necessary for both of you to hire your own attorney. Court's allow parties to go forward with the divorce while representing themselves. You should always read every document carefully before you sign it, and if you have any questions, contact an attorney.
How much will I receive or pay in child support?
There is a formula in both Kansas and Missouri that determines child support amounts. The formulas take into consideration the combined income of the parents and the number of children between the parties. The more income the parents make and the more children they have will increase the overall monthly child support payments.
Who gets the kids if I file for divorce?
There is no set rule, and this issue presents a lot of frustration for divorce clients. If the parties cannot agree on temporary custody and visitation, your only option is to ask the judge to decide the issue on a temporary basis.
If my spouse has the kids, but our divorce is not final, do I still owe child support?
Yes. Your obligation to support your children exists even if the Court has not ordered it. If you fail to pay child support, you will likely be ordered to pay back support once your case is finished.
If I file for divorce, who gets the house?
This is another frustrating circumstance for divorce clients. Both parties probably have equal rights to the house (even if only one of your names is on the deed). A party cannot be removed without a court order. The parties will need to keep the payments and household expenses current. A court may order temporary payments to cover these expenses, but there is no law that automatically requires a person to make these payments.
If I file for divorce, can I change the locks on my house?
No.
Can I sell anything or take money out of a bank account?
Generally, you should not sell any assets or take money out of any accounts (including retirement accounts). You may be required to pay that person back for any money or asset that is sold or taken for your sole benefit.
Do I have to keep my spouse on my medical insurance?
Yes. But only until the divorce is final.
If I have the kids 50% of the time, do I still owe child support?
Maybe. There are a lot of factors the court can consider and you should quickly consult with an attorney.
I have recently begun to earn more or less money. Do I have to pay more or less in child support?
If there is already a child support order in place, the change in income of one or both parties will affect the amount of support owed. If there is no order in place, then the Court will apply a formula to determine support.
When does child support stop?
The rules for terminating child support vary by state. Generally, child support will stop when the child turns 18 and graduates from high school, but may be extended if the child goes to college.
Can I go out of town with my children once the divorce has been filed?
Under both Kansas and Missouri law, you cannot change the residence of the children without court approval. You must also always provide notice to the other parent about the whereabouts of the children. If you are simply going out of town, talk to the other parent. If that person objects, consult your lawyer.
Am I entitled to a spouse's retirement, 401(k), IRAs, pension, etc. and how do I obtain my share?
Generally speaking, any contributions, gains or losses, that occurred prior to the marriage are the separate property of the contributing spouse. Likewise, contributions, gains, and losses after the date of marriage are generally marital property. The parties should try and agree on a fair division, and in most cases that means 1/2 to each spouse. A separate qualified domestic relations order (QDRO) is used to transfer the money to your control. There may be certain tax consequences.
When can I change my life insurance policy beneficiary information?
There is no rule about changing your beneficiary on a life insurance policy, but before you change any of this information, you should review the decision with an attorney. There may be consequences. Generally, you should wait until your divorce is complete.
How will my spouse's adultery, gambling, drug or alcohol addiction, or criminal record affect my divorce?
The Court can consider all of these factors in making custody determinations and dividing assets and debts. But just because the Court can consider these factors doesn't mean that if your spouse cheated on you will get everything you want. You should weigh your options carefully with an attorney before investing a lot of money on a divorce trial.
If my spouse has abused the children, do I have to let him or her see the kids?
Consult an attorney immediately. If you are in immediate physical danger you should contact the police.
Can I terminate my parental rights?
The circumstances are too varied to give a definite answer.
Do I have to pay my spouse's school loans?
Generally speaking, student loans will be the obligation of the person who incurred the debt, but a Court may divide this debt and require the other party to make part or all of the payment.
If I cannot afford to hire an attorney, can I make my spouse pay for my attorney's fees?
It is legally possible to have a party be ordered to pay your attorney's fees, but this is often not ordered until the divorce is finished. The other party may only be ordered to pay a part of your fees. In any event, you will be responsible for all outstanding bills owed to your attorney, whether or not the Court orders the other party to pay for them.