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Navigating divorce as a stay-at-home parent

On Behalf of | Aug 1, 2024 | Divorce

In a marriage, spouses often decide to share responsibilities, especially when children are involved. For example, if one of the parties has a successful business or a steady job, the other partner may decide to stay home and look after the children.

This arrangement may work well during the marriage. Still, when disagreements start and divorce suddenly becomes possible, the stay-at-home parent may feel especially worried about the change in dynamics that the separation will bring.

Who will keep the custody of the children?

One of the priorities in a divorce is the children’s well-being. If you are on amicable terms with your spouse, you can develop a custody plan that benefits both parents and the children. In Kansas, you can present an agreement to the judge if it is in the children’s best interest.

If you have opposing opinions regarding residential and legal custody, the judge will determine the best option for the kids. They will review several factors to make the decision, such as:

  • The children’s safety, mental health, and well-being
  • The children’s preference if they are old enough to decide
  • The capacity of each parent to take care of the children

When custody becomes a legal battle, a divorce attorney can provide counseling and support your interests during the separation.

How will I support myself after the divorce?

As a stay-at-home parent experiencing divorce, your routine and family dynamics will change. You could be eligible to receive spousal support, commonly called alimony, to support you during the separation.

The judge will determine the extent and quantity of this support, depending on your specific circumstances. Each divorce case is different. You can seek legal counseling to understand the context of the situation and know what to expect once the divorce starts.

What about the assets?

The law in Kansas states that most of the assets obtained during the marriage are marital property. This means that if either you or your spouse purchased a house, accumulated money in a savings account, or started a business, among other things, they are considered part of the marriage.

This does not include any purchases made before the marriage started. If you have a prenuptial agreement, this is the time to review it and understand which assets belong to whom.

Although a divorce can be complex and lengthy, it can also be an opportunity for a fresh start and new beginnings. It is essential to inform yourself about the specifics of your case and make sure you have a support system that can accompany you through the changes that will come.