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Divorce Settlements In Community Property States

Posted by Unknown | Nov 28, 2020 | 0 Comments

divorce settlements in community property states

Drama-Free Divorce can assist if you require information or expert advice regarding "divorce settlements in community property states". Missouri and Kansas residents in the Kansas City region can take advantage of our flexible financing options with monthly budget-friendly payments starting from $500 per month, and all-inclusive pricing, eliminating unexpected costs. Our process reduces stress with minimal court involvement by our attorneys who approach your case professionally yet with compassion, and understanding of the emotional struggles.

This article will delve into the community property states and dissect who gets what during a divorce. We'll provide statistics and advice to help navigate proceedings in these states, as well as stress the importance of hiring an appropriate divorce lawyer and the steps you should take when finding one.


What is Community Property?

In certain states of the US - California, Arizona, and Texas specifically - community property is recognized by law. Any property acquired during marriage by either partner during that relationship is considered community property and belongs equally to both spouses.


What Happens If I Get a Divorce in a Community Property State?

Divorcing can be especially difficult in states with community property laws because courts will usually try to divide up assets equally between both partners when dissolving a marriage. Both partners are entitled to equal claims against debts and property accumulated during the marriage, making divorce more complicated.

There's more than meets the eye here than just an even 50/50 split.


Are we required to split everything 50/50 if we live in a community property state?

Community property states may aim for an equitable division of assets, but that doesn't always happen. A court will take into account various factors including earnings potential and length of marriage as they distribute property equitably.

In cases where one spouse earned substantially more than another and the marriage lasted only briefly, courts will adjust distribution so as to ensure fairness based on each specific case's circumstances. It does not always need to be equal 50/50, sometimes this may vary.


Does Kansas City Follow Community Property Law?

Let's address an often-asked question about Kansas City: Does the city adhere to community property laws? No. Missouri does not adhere to community property, instead adopting an equitable distribution system where assets are distributed fairly but not necessarily equally among members. In such states, courts will evaluate various factors before making their determination on a fair distribution of assets.

Kansas City does not enforce strict community property regulations, yet residents still need to understand the principles.


Why hiring a divorce attorney is better than going without one?

Navigating the complex waters of divorce proceedings can be a difficult feat, so many opt to hire an attorney as support during this difficult process. Here's why:

  • Legal Expertise: Divorce attorneys specialize in family law, and understand its complex workings. They can guide you through any necessary paperwork, ensuring everything is filed correctly.
  • Negotiation Skills: Divorce can often involve negotiations, and an experienced attorney can effectively represent your interests during these talks to achieve fair settlements for matters such as property division, child custody, and alimony payments.
  • Emotional Support: Divorce can be emotionally exhausting. A lawyer can provide the emotional support you need during this trying time and help you focus on healing rather than dwelling on past mistakes.


When should you hire an attorney?

Timing is of the utmost importance when hiring divorce attorneys. Consultation sessions should begin as soon as you and your spouse decide to separate, as early consultations can help you better understand your rights, making for a smoother divorce experience.

Hire an attorney even if you have already begun divorce proceedings. Hiring one at any point in time can provide guidance and representation.


What are the criteria for finding a good attorney?

Let's discuss how to find the appropriate lawyer for your case. Here are some essential criteria.

  • Experience: When hiring an attorney for divorce or family law issues, experience can often translate to a better understanding of the legal environment.
  • Reputation: Consult family, friends, or professionals you trust who have experienced divorce to find recommendations of lawyers you trust. Reading testimonials online may give an idea of their reputation.
  • Compatibility: Compatibility is of utmost importance in any successful working relationship. Since you will need to share personal details and seek their advice, choose someone with whom you feel at ease when discussing sensitive information or receiving guidance.
  • Communication: If your attorney excels in communicating, they should keep you up-to-date on the progress of your case while explaining legal matters in terms that are easy for you to grasp.


Why Choose Drama-Free Divorce?

Let's discuss why our firm may be the right fit for your divorce proceedings. We take great pride in meeting all of the criteria outlined earlier and would like to show why.

  • Experience: Our team is comprised of family law lawyers with proven success in family matters. We have assisted countless clients in successfully navigating through divorce.
  • Reputation: Our firm enjoys an outstanding standing in both legal and client circles. We are well known for offering exceptional representation with unsurpassed results for each and every one of our clients.
  • Compatibility: Compatibility is of utmost importance to us. We value strong relationships between attorney and client, understanding the emotional challenges associated with divorce proceedings, and offering guidance and support in this time of need.
  • Communication: Communication is at the core of our practice. We make sure you stay apprised of any updates regarding your case and understand all available legal solutions.


Suggestions for Action:

Now let's wrap this up by discussing some steps you can take if you are facing divorce in either a community property state or not:

  • Consult an Attorney: Contact an experienced divorce lawyer as soon as possible in order to discuss your rights and case.
  • Start Gathering Financial Documents: Start gathering your financial documents such as bank statements, tax returns, and records of assets, debts, and liabilities.
  • Consider Mediation: Mediation can provide an alternative solution to court proceedings that can become contentious. Mediation could help both you and/or your spouse reach an agreeable settlement that meets both of your needs.
  • Focus on Your Well-being: Divorce can be emotionally exhausting, so take steps to ensure both physical and mental wellness during this difficult process.
  • Stay Informed: Stay up-to-date on the laws governing divorce in your state, as well as guidelines governing property division.

Divorcing in a state with community property can be complex and trying, so seeking legal advice and understanding the rules can help make the process less of an ordeal. A fair asset division means more than simply splitting all assets 50/50. An experienced divorce lawyer can offer invaluable expertise and support during a trying time. Contact us today at 816 615-5555 or send us an email on our Contact Page.

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