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Common Misconceptions
About Divorce in Kansas

Oleen Law Firm March 26, 2022

It’s a wonderful feeling to fall in love and marry the person of your dreams. But when your love story doesn’t work out, it can often leave you feeling like a failure. Everyone has advice about how a marriage works, but no one tells you how to make your divorce work. Because of this, when it does happen, we can feel directionless and confused by the common misconceptions floating around about what divorce entails. At the Oleen Law Firm, we can set the record straight and help you navigate your divorce to come out on the other side set up for a better life. If you’re in Manhattan, or Junction City, Kansas, give us a call today to start talking through your options.

5 Common Misconceptions
About Divorce in Kansas

Here is a list of some of the more common misunderstandings regarding divorce here in the Sunflower State.

If the Other Parent Doesn’t Pay Child
Support, I Can Withhold Visitation

Very wrong. Child support and child custody are not dependent on one another, and you cannot withhold visitation from a parent who has either not paid or underpaid their support. Your child should not have to miss out on time with their mother or father because of this. If you were to violate your child custody orders, you could be jeopardizing your custody rights. If your co-parent is not keeping up on their child support payments, you need to address this through the courts.

It’s Possible for One of the Spouses to Deny the Divorce

Not really. If one spouse serves the other with divorce papers, the receiving spouse can contest the terms, but they must propose new terms. Even if one partner does not want a divorce, they can’t legally force their spouse to stay married to them. They may contest the terms, which can lengthen the amount of time the divorce takes, but they cannot stop it from happening.

If Adultery was Involved, the
Other Spouse Gets Everything

This is usually incorrect. Almost all divorces in Kansas are considered “no-fault,” which states that the couple is incompatible. Therefore, one spouse can’t be found to be at “fault” for the divorce occurring if they committed adultery, and it won’t affect the division of assets or alimony (sometimes called maintenance). In rare cases, if the adulterous spouse had squandered the couple’s money on their paramour or spent lavishly on them, a judge may award the other spouse a greater percentage of the marital assets to make up for this.

The Mother is Always Awarded
Primary Custody of the Children

Incorrect. After a divorce, both parents are treated equally in court and neither the mother nor the father will be the preferred parent due to their sex. When a judge decides upon a child custody arrangement, they do so with the best interests of the child in mind, and this means that the child will continue to have regular and meaningful contact with both parents.

The Children Get to Choose Who They Will Live With

Not true. In some cases, a judge will consider the wishes of the child, especially if they’re older (such as a teenager), but it will never be the sole deciding factor in child custody. The judge will look at several factors when deciding on custody, including:

  • The best interests of the child

  • The specific needs of the child

  • Where the parents live concerning each other and the child’s school and community

  • How willing each parent is to foster a positive relationship with the other

  • Whether there’s been any history of mental or physical abuse in the family

How Legal Counsel Can Help

Divorces are challenging, even under the best conditions. If you’re going through a divorce or are considering divorce, you need a family law attorney you can trust. Whether you need someone to turn to for advice or someone to represent your interests in court, the Oleen Law Firm can help. From our offices in Manhattan, Kansas, we’re committed to open and honest legal advice and set you up so you can make informed decisions about your future. Call us today to schedule a consultation.