What Has Been Your Experience In Handling Divorce Matters?
I have been practicing law for sixteen years. My practice has been dedicated not exclusively but in large part to divorce matters. Before doing divorces, I did business litigation and product liability defense at a law firm in the Kansas City area and my experience dealing with the business litigation and litigation in general has helped me in representing my divorce clients and my clients who are going through child custody matters and paternity cases. In divorce cases, paternity cases and child custody cases, there is an absolute requirement that you communicate on a very regular basis with your client because of the emotional aspects of the case and because in a lot of cases, this is the first and only time the person has been to the court system.
You really need to make sure that your client understands everything that is going on in the case and why it is going on and what to expect moving forward. The biggest difference in my previous practice and my current practice is in my old practice we represented clients who basically dealt with litigation on a regular basis. Frankly, when I first started doing divorce work, I took for granted the fact that people going through their first divorce had little understanding of the court process. I assumed that they knew more than they did and that absolutely is something that I fixed very quickly and understand that so much of this is making sure your client understands what is going on and what to expect.
Can Both The Parties Opt For A Single Attorney To Handle A Divorce?
I have no problem with that. But what I usually tell the party or individual that comes in and hires me, is that the party that is not represented for good or bad will usually start talking to family members or friends about the case and how it is proceeding, in my experience, and get talked out of it. Most of the time when somebody comes in or a couple comes in wanting to proceed in that manner, usually it is hard to keep that relationship intact all the way through the divorce. Because the person unrepresented gets advice from other people who just because of things that they read in magazines or see in social media kind of talk them out of moving forward in that way.
The Common Reasons People Have For Wanting A Divorce In Kansas
You do need to have a reason by statute in Kansas. The marriage relationship is irretrievably broken is usually the reason. It is as easy to prove that as getting just one of the parties to put up their right hand, swear to tell the truth, the whole truth and nothing but the truth and just in response to the question, are you and your husband or you and your wife incompatible, and if the answer in response is yes, ninety-nine percent of the time, the judges are not going to bat an eye and the rest of the divorce proceedings will continue.
You must have a reason, is it a very low hurdle to jump over. I have had one judge in Johnson County taking interest in that question though once before when I was at a divorce settlement hearing and really, really took that seriously and wanted to have it explained to him, the judge, why the wife in that case thought that the parties were incompatible, I thought that was very interesting. I mean he eventually ended up agreeing with her but he did not just take it lightly. I do not know if that is a trend or not, but that was about a year ago when that occurred.
Advice For Potential Clients Contemplating A Divorce
They needed to assume that every text, email, social media posting, or whatever, is going to be, at some point, in front of a judge at a trial or a hearing and the judge is going to be reviewing that. Their communications with their spouse, and I do not just limit this by the way of child custody matters need to be cordial and professional but they have to, especially in those mediums, be very aware of how those things can get misconstrued for what they intend it to be to a judge. In the state of Kansas, it is not against the law to record a phone conversation without the other party knowing it. I tell clients that are going through divorce in the state of Kansas to just assume that their spouse, their soon to be ex is recording the phone conversation and be as cordial and professional in those communications as well.
How Often Are Drug Abuse Or Domestic Violence Involved In A Divorce?
In ten to fifteen percent of my cases, in my Missouri cases, it is probably twenty to twenty-five percent.
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