DivorceMag: Kansas FAQs

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Frequently Asked Questions About Divorce

"My wife and I have agreed to divorce via the collaborative process, but she and her lawyer are not cooperating fairly. Is it likely that we'll reach a fair settlement?"

The whole philosophy of Collaborative Divorce is about resolving disputes through fair cooperation, whereas a traditional divorce lawyer works by trying to "win" in a conflict with the other party.…

"How is child custody decided? "

If the parties agree on a parenting plan, the judge will make it into an order. Generally, the parents will share joint legal custody: this means that they both shall participate in …

"Will my spouse be entitled to some of my pension after our divorce? If so, can I prevent this? "

To begin answering these questions, one must first define terms. Retirement plans can be broken into two different categories: Defined Contribution Plans and Defined Benefit Plans. Defined Contribution Plans, such as …
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"Will my spouse be entitled to some of my pension after our divorce? If so, can I prevent this?"

Divorce attorney James Young answers: "To begin answering these questions, one must first define terms. Retirement plans can be broken into two different categories: Defined Contribution Plans and Defined Benefit Plans. Defined Contribution Plans, such as a 401(K), are defined by the amount of money contributed to the plan. Defined Benefit Plans, such as a pension plan, are defined by the monies (the benefit) that you will ultimately receive monthly at retirement age.

In most states, at least a portion of the retirement plan that is accumulated during the course of the marriage is marital property. Many states have offsets for non-marital retirement funds, or at least those funds that were held at the time of the marriage. It is often prudent to get statements showing the balances in your retirement account at the time of your marriage..."

"My divorce has ruined me financially, and I'm thinking of filing for bankruptcy. Would there be any negative repercussions?"

Victor Chevalier, with the Debt Free League, answers: "The only good reason you should consider bankruptcy is if you're drowning in debt and have no other way out. Bankruptcy destroys your credit for ten years and remains in public records for 20 years. Besides the public embarrassment that bankruptcy causes, it can also cause you to lose assets and be turned down when you apply for credit, for a job, or to rent an apartment..."

"I am about to receive a large settlement from my divorce. What should I be thinking about and what should my first steps be?"

Divorce mediator and financial planner Natalie Nelson answers: "If you don’t already have a budget, NOW is the time to create one.

Before you make any decisions about what to do with your settlement, you must first have a clear understanding of the relationship between your cost of living and your income. There are a number of places where you can find budget templates; however, you really don’t need anything more than a piece of paper and a pencil.

Draw a line, dividing the page in half lengthwise. On one side of the page list all your known monthly expenses, including reasonable estimates for food, clothing, movies, etc. and the amounts of each expense..."

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