Pre- and Postnuptial Agreements
Pre- and postnuptial agreements are agreements that two spouses or spouses-to-be enter into. The agreement centers around what the circumstances of their divorce would be, should that situation arise.
Whether or not you enter into a pre- or postnuptial agreement with your spouse depends entirely on your situation. For people with children entering into the marriage, what happens to their kids in the event of a split might be something important to have in writing. If one of the parties entering into the marriage has a lot of wealth (or on the flip side, substantial debt), then a pre- or postnuptial agreement might be beneficial. In these cases, figuring out what becomes marital property in the divorce and how wealth gets divided if you split can save you a lot of trouble down the line.
Divorce in Kansas
In 2019, there were 2.3 divorces per thousand residents in Kansas. When going through a divorce, there are several things that need to be considered. The first is what kind of a divorce you are going through. The second is how your split will settle.
Years ago, the fault for divorce had to be assigned to a party. This is no longer the case. Although fault divorce still exists, there is also no-fault divorce, in which the parties agree that a split is best for their circumstances.
A contested divorce occurs when one party serves the other with divorce papers with settlement terms and the other party disagrees. If the two parties cannot come to an agreement, it becomes a contested divorce. At that point, the parties will go to court and present the terms they want and a judge will give the final ruling. In cases in which children are involved or assets, this is common.
An uncontested divorce occurs when the parties are able to agree upon the terms of their divorce without getting a judge involved. In that case, the parties can draw up the specifics of their divorce settlement. They bring it to a judge, and the judge will decide whether or not the terms seem fair. At that point, a decree of divorce will be granted.
Alimony (also known as spousal support) is an arrangement in which one spouse gives payment to another after they split. This does not happen in every divorce case. The circumstances surrounding alimony must be seen as just and equitable by the judge. Alimony can be paid out in a lump sum or in periodic payments. The terms of alimony can also shift if the circumstances surrounding the former spouses change.
The division of assets is something that can be decided by the parties or a judge. Division of assets involves marital property and can include things such as homes, cars, pensions, 401ks, investments, and things within the home.
Children and Divorce
Children being involved in a divorce can make things more delicate. Both physical and legal custody must be decided, and these can be sole (meaning one parent) or joint (meaning shared). There are various factors that are considered, such as the situation of each parent, where the child’s life is more stable, and sometimes, what the child wants.
When it comes to child support, that is calculated by who the child is living with and the income of both parents.