Kansas First to File and Divorce Planning

Someone has to file first.  Sometimes there is an advantage, most of the time there is not.  Who files first is not indicative of who will “prevail” in the divorce action. There is always a Petitioner, the person who files first, and a Respondent, the person who responds or Answers the Petition for Divorce. Every judge will tell you that it makes zero difference whether you are the Petitioner or Respondent at the end of the day. This is true. In some more extreme situations however, filing first may be necessary to request and receive Ex Parte Temporary Orders. These are orders which are implemented up front and are only issued upon the Court’s review and approval of Petitioner’s under oath testimony or verified pleading his or her reasons for the requested orders. If approved, these orders are served upon the Respondent with the Petition and the other initial pleadings. Ex Parte Temporary Orders can outline initial temporary custody orders, temporary parenting time orders, temporary child support or maintenance orders and can in extreme cases prohibit contact or order supervised visitation. Not all judges will grant Ex Parte Orders. The judges who will, tend to post-date the effective date of an order for extreme relief such as removal of a party from the home. It is rare to get an Ex Parte Order which removes a parent from the mutual home, but under the right circumstances the Court can order one party to vacate the mutual residence within a certain amount of time. Typically, on any order issued ex parte, the Court will set a hearing on the matter to afford both parties and opportunity to be heard prior to effective date of the order or as soon as the Court can reasonably hear the issue.

If you were served ex parte temporary orders call the team and Fairbanks Law. Inaccurate or adhesive temporary orders should be modified. Temporary Orders govern the pendency of the action so setting proper initial orders is of paramount importance. In many situations agreed temporary orders can be created with some thoughtful cooperation between counsels and clients. In other situations it’s necessary to have your temporary order request heard by the Court when a child’s best interest agreement cannot be reached or there are emergent financial issues at stake.

If you are going through a divorce, you should do your homework. Talk to more than one attorney. Find an attorney with a good reputation who primarily practices as a divorce and family law attorney in the Court in which your case is filed. Call the team at Fairbanks DeMarco to schedule a consult and get answers to your divorce-related questions in Johnson, Wyandotte, Miami, Douglas, Leavenworth and surrounding Kansas District Courts. Each District Court in Kansas tends to consider its own set of guidelines in determining temporary and permanent child custody, child support and spousal maintenance orders. It’s important to know your Court’s local rules and which guidelines your Court follows.

Planning is an important aspect of the divorce process.  Although sometimes we are thrust into this situation without warning, this doesn’t mean it’s not smart to sit down and discuss calculated steps necessary to get you through your divorce in the best manner possible. If you have kids, that’s the obvious focus. The team at Fairbanks Law can help you create a workable temporary and permanent parenting plan for the children while protecting and cultivating the things that matter most.  Temporary finances are also important, especially if the parents have separated or are in the process of separating. The loss of a co-parent, the loss of a partner’s income to the household or the prospect of paying support to your co-parent can all be difficult pills to swallow. Dealing with temporary issues appropriately can be more art than science due to the emotions involved. The proper management of emotion is key in being effective and efficient. It’s no secret the emotional and financial toll of a divorce can be substantial unless proper steps are taken to manage the proceedings and manage expectations. Contact the team at Fairbanks Law to discuss your case today.