Divorce and Family Law
Divorce and Family Law Attorney
The Divorce and Family Law attorney team at Klenda Austerman LLC in Wichita, Kansas can help you navigate complex family matters. Our experienced, compassionate lawyers give you undivided attention, working with you to obtain an intimate knowledge of the facts and circumstances surrounding your situation. We know that each client and each case is unique. We help you identify goals, create a strategy and guide you to a positive resolution in a timely, efficient and cost-friendly manner.
Wichita Divorce Lawyer
When you make the decision to dissolve your marriage, the first step is to hire a knowledgeable attorney who can handle the divorce process carefully, with your best interest in mind. The decisions made during this time will shape your life going forward. In Kansas, the person who files first for divorce generally has the power to make initial decisions on custody, residency and other imminent matters.
A divorce attorney in Wichita at Klenda Austerman will file the divorce papers on your behalf and discuss with you the pros and cons of litigating your divorce or negotiating a settlement. If you have already been served divorce papers, Klenda Austerman attorneys can represent you to help ensure that your divorce has a favorable outcome.
Our Wichita divorce attorneys believe that alternative dispute resolution – mediation, arbitration, negotiation and limited case management – can often help our clients reach a harmonious resolution in a discreet manner. We take a measured approach based on the individual. If resolution isn’t possible, we work aggressively on your behalf to achieve a successful divorce outcome going forward.
Whether litigating or negotiations, most divorce cases need to resolve:
CHILD CUSTODY WICHITA
A number of factors are considered when determining the best interests of the child, including the home environment each parent can provide; each parent’s the ability to keep the child connected to the community and extended family; who is currently providing the majority of care for the child; and the child’s relationship to each parent. Parental access and scheduling are also determined as part of child custody.
While a standard formula is used to determine child support, the amount of the child support obligation can depend on a number of factors, including health insurance and day care; number of children; the income of each parent; and the time the children spend in the physical custody of each parent.
DIVISION OF PROPERTY AND DEBT
All shared assets should be divided in a fair and equitable way. Responsibility for shared debts must also be divided.
SPOUSAL SUPPORT | ALIMONY
The length of the marriage, earning power of each spouse and each spouse’s financial contribution to the marriage are all relevant in determining spousal support. Alimony is not guaranteed in all divorce cases. Alimony could be paid by a husband to a wife or by a wife to a husband.
Once a divorce is final our divorce lawyers continue to serve as a trusted advisor to our clients, handling post-divorce issues such as modification of custody, parenting time and child support; interstate and international custody and support; name changes; appeals.
Wichita Family Lawyer
The practice of family law contains a myriad of practice areas, each with its own nuances. The attorneys at Klenda Austerman Law Firm in Wichita have built a reputation for taking remarkable care of our clients. We take time to gather all the facts, good and bad, and verify information from all those involved to help you navigate your unique family matters. We understand our clients rely on us during the most stressful, emotionally charged times and we are dedicated guide you through the entire process with the best possible outcomes to benefit your family.
PRENUPTIAL AND POSTNUPTIAL AGREEMENTS | DIVORCE PLANNING
Klenda Austerman lawyers can help you plan for possible future scenarios to protect both parties in case a marriage falters. Prenups are contracts entered into before the marriage takes place and takes precedence over the state laws regarding property division. A prenup is agreed upon by both parties. A prenuptial agreement in Wichita governs spousal support and asset division should the marriage fail.
A postnuptial agreement is almost identical to a prenuptial agreement only it is entered into after the marriage has occurred. A postnuptial can be drafted at any point in a marriage when a couple decides they want to amicably determine future distribution of finances. Because a majority of the financial negotiations are addressed prior to the marriage’s demise, postnups can prevent undue stress during divorce proceedings.
LEGAL SEPARATION IN KANSAS
A legal separation is very similar to a divorce in its form and function, but the couple remains legally married. With a legal separation, the court can make orders for spousal support, property division, child custody and child support. Hiring a divorce and family law attorney at Klenda Austerman to file a legal separation gives you a separation date, which helps the court assist in asset distribution; creates a qualifying life event for insurance coverage; creates framework for a divorce; allows you to begin a new relationship without being viewed as an adulterer by the courts.
An annulment declares that a marriage did not exist. Annulments are only granted for specific circumstances. When you go through the annulment process, it addresses many of the same issues as a divorce. The divorce and family law attorney at Klenda Austerman can help you determine if your marriage qualifies for an annulment.
HIGH ASSET DIVORCE
High-asset divorce cases require an attorney team with an in-depth perspective of the financial side of a marital estate. The attorneys at Klenda Austerman have a proven track record in complex, difficult divorce cases. Our goal is to achieve equitable division of assets including real estate portfolios, businesses and professional practices, farm property, investment accounts, deferred income and pensions.
Adoption can be a wonderful way to build a family, but it is not without challenges. Helping families find solutions for children is one of the greatest rewards of practicing family law for the lawyers at Klenda Austerman. We represent adoptive and birth families in traditional adoptions, as well as assist with stepparent adoptions and grandparent adoptions. Adoptions are often emotional and completely change the family dynamic. Our Wichita adoption lawyer understands the many rules and regulations prospective parents need to follow. We aim to provide clear, straightforward answers in a timely fashion to maximize your chances for a smooth adoption.
GUARDIANSHIP AND CONSERVATORSHIP
Anyone who is interested in the well-being of the child can initiate a Kansas guardianship agreement through the courts. The same is true for a person seeking conservatorship to care for an incapacitated adult. There are many different types of guardianship and conservatorship arrangements in Kansas and the process can be intricate and involved. The qualified attorneys at Klenda Austerman in Wichita can help you present a solid, convincing case for change in guardian or conservator.
A paternity action determines parental rights to a minor child or children who are born out of wedlock. The father of a child who is not married to the child’s mother is sometimes not recognized as the legal father of the child unless paternity is legally established. A family lawyer at Klenda Austerman can help ensure the father’s rights and obligations are in order and all legal documents are appropriately filed.
TERMINATION OF PARENTAL RIGHTS
The process of terminating parental rights can be extremely complex. Our divorce and family law attorneys take the responsibility of handling these court cases seriously. We understand that ending the parent-child relationship is often necessary to protect the safety or well-being of a child, or to allow the child to be legally adopted by someone other than his biological parent. We work diligently to present your case in a way that increases the odds for an outcome in your child’s best interest.
SAME SEX FAMILY LAW
Today’s families are often defined differently than in decades past. One family law may not fit all families. The attorneys at Klenda Austerman can help same-sex couples creatively apply the law to fit your individual needs. This may include parentage actions in artificial insemination cases; second-parent adoption; surrogacy agreements; division of property after a breakup; cohabitation agreements and more. As the laws evolve, our legal team identifies the most effective way to legally protect you and your family.
NON-MARITAL DOMESTIC PARTNERS
Domestic partners in Kansas do not automatically have the same rights as married couples when it comes to property ownership, health care decisions, financial authority, joint asset division, and custody. Planning for these situations is crucial the longer a non-married couple cohabitates. There are many steps unmarried couples can take to achieve legal protections. Hiring a knowledgeable family lawyer to draft the proper paperwork will ensure your rights are established in case of death or separation. This may be accomplished through a number of methods including a cohabitation agreement, will or estate plan.