Legal Separation
Legal separation can be an alternative to divorce for couples who need time apart but are not ready to end the marriage. It allows couples to live separately while still remaining legally married. If you choose legal separation, it is important to understand how it can affect your finances, children, and property.
Here’s what you should know about legal separation:
- Property Division: In a legal separation, property is divided similarly to a divorce. Both spouses may be entitled to a portion of the marital assets, and decisions regarding debt responsibility are made.
- Child Custody and Support: Legal separation also addresses child custody and support arrangements. Parents must agree on how they will share custody and how support payments will be made.
- Spousal Support (Alimony): Just like in a divorce, one spouse may be entitled to spousal support. Our attorneys can help you determine if alimony should be awarded during the separation.
- Health Insurance and Benefits: Being legally separated may impact your eligibility for health insurance or other benefits that are typically provided to married spouses.
While legal separation doesn’t formally dissolve the marriage, it can be a crucial step in assessing whether reconciliation is possible or if divorce is the best option.
Domestic Violence and Protective Orders
If you are experiencing domestic violence or fear for your safety, obtaining a protective order is crucial. A protective order (also called a restraining order) can legally prevent your abuser from contacting or approaching you. This can be especially important if you've suffered personal injury as a result of domestic violence.
Our attorneys can guide you through the process of securing a protective order, which may include:
- Temporary Restraining Orders (TROs): These orders offer immediate protection and are issued without a court hearing.
- Permanent Protective Orders: After a court hearing, a judge may issue a long-term order to prevent the abuser from having contact with you.
- Child Protection: If you have children, a protective order can also ensure their safety, keeping the abuser away from them.
We understand the emotional toll domestic violence situations can have, and as overland park & liberty family law attorneys, we are here to offer support while ensuring you and your family are protected. Our legal team is committed to helping you take the necessary steps to regain your safety and peace of mind.
Grandparents' Rights
In some circumstances, grandparents may wish to seek custody or visitation rights with their grandchildren. This is often the case when the parents are unable to provide appropriate care, or there is a concern about the child’s welfare.
Grandparents' rights can be complex, but our attorneys can help you understand:
- Custody Rights: If a child’s parents are unable or unwilling to care for them, grandparents may be able to seek custody. Our team can help you navigate the legal process to ensure the child’s best interests are met.
- Visitation Rights: In cases where custody isn’t possible, grandparents may still seek visitation rights. This allows grandparents to maintain a relationship with their grandchildren, even if they do not have custody.
- Legal Requirements: In many states, there are specific legal requirements that must be met before grandparents can gain visitation or custody. We will work with you to ensure all necessary steps are followed.
Our attorneys are dedicated to helping grandparents understand and pursue their legal rights. We will fight for the best interests of your grandchildren and ensure that your relationship with them remains protected.
Frequently Asked Questions (FAQs)
- What is the difference between legal separation and divorce?
A legal separation allows couples to live apart without officially ending their marriage, while divorce completely dissolves the marriage. In a legal separation, property division, child custody, and support can still be addressed, but you remain legally married. It’s an option for couples who are not ready for divorce but need to live separately. Our attorneys can help you decide which option best suits your situation.
- How is child custody determined in Kansas and Missouri?
In Kansas and Missouri, child custody is based on the best interests of the child. Courts consider factors like the child’s relationship with each parent, the parents' ability to cooperate, and the child’s needs. Our family law attorneys in Overland Park and Liberty can help guide you through the custody process and develop a plan that works for your family.
- Can I modify a child support order after it’s been established?
Yes, child support orders can be modified if there is a significant change in circumstances, such as a change in income, employment status, or the child’s needs. Our attorneys can help you understand the process of modifying child support and ensure the new order accurately reflects your current situation.
- How do I protect myself from domestic violence?
If you are facing domestic violence, a protective order can be issued to prevent your abuser from contacting or approaching you. There are both temporary and permanent orders available. If you have suffered personal injury due to domestic violence, securing a protective order is even more critical to ensure your immediate safety. Our attorneys are experienced in securing protective orders and can help you navigate the legal process to ensure your safety and the safety of your children.
