Got Questions About Divorce?
At Morrison Law, LLC, you will find answers to frequently asked questions about divorce, family law and personal injury law. Please reach us by email or call 913-232-2480 if you have questions about your unique situation. Nothing on this website should be taken as personalized legal advice that you may need. The information is of a general nature, for information purposes only, and is not intended to create an attorney-client relationship.
Will you work on a contingency fee basis?
Contingency fees are paid as a percentage of the final payout of a loss claim or lawsuit. Attorney Morrison typically handles personal injury cases with a contingency fee arrangement. This allows the injured party to hire his services without having to front the cost of legal fees.
On the contrary, in a divorce case, attorneys are not permitted to work on a contingency basis. Attorney fees in divorce cases are paid on an hourly basis.
How does a retainer fee work?
All retainers are deposited into Morrison Law, LLC’s Interest On Lawyer Trust Account (IOLTA). The revenue from the interest on these accounts is used to fund civil legal services for the poor and legal programs to improve the administration of justice.
If I want to represent myself and I decide not to hire an attorney, will the court give me some leeway since I am not a lawyer?
An unrepresented party is held to the same standards and expectations as a represented party. While the courts are becoming more user-friendly, the court will not likely grant you any advantage or leeway because you are representing yourself.
I’m ready to file; what is our first step?
If we are filing a case rather than responding to one, we will draft the petition (or post-judgment motion, depending on your circumstances) and arrange to serve it on the other party. If we are responding to the other party’s petition or motion, we will file a formal written response and identify the disputed issues and undisputed issues. We may also request a hearing.
Does it matter whether I initiate the case or my soon-to-be ex-spouse does?
There may be advantages to initiating the case. For instance, it may be possible (in Kansas) to obtain temporary orders before the other party has joined the case (called ex parte orders). However, once the opposing party has been served, they have the right to request a hearing and present their side.
How long does it take to complete a divorce?
A divorce case can take anywhere from two months to a year or more for a contested case. If you can reach agreements with your spouse on most of the terms of your divorce, the process can be quicker (60 days, or a little more). During the case, you may need to request information and documents from the other party. There might be the necessity for one or more hearings to address issues during the case. The length of time it takes to complete the case will be impacted by the complexity of the case and the court’s docket.
Can spouses use the same attorney in an uncontested divorce?
First, keep in mind that neither party is required to have an attorney. Typically, each spouse consults with their own attorney, even when a case is uncontested. If neither party is represented by counsel, a special final hearing may be required to finalize the case.
Can one divorce attorney handle both sides of our divorce?
No. That would constitute a conflict of interest. A divorce lawyer involved in the process provides representation and advice to only one party.