Skip to main content
Joseph Wilson Booth

Joseph Booth’s Answers

2 total

  • How much does it cost and what do I need to do to file for legal separation in the state of KS?

    My husband and I have 'separated' recently, essentially just in living arrangement terms, but not yet legally. At some point I will be filing for divorce but realistically it will probably not be for at least another 6-12 months as I have to save...

    Joseph’s Answer

    Frankly I would start talking now about divorce. Separate maintenance is an action in Kansas but it is the same process as a divorce. You only need a "legal separation" if you want the court to enforce what you agreed to. There is no such thing as an illegal separation.

    See question 
  • Can the childrens mother get full legal custody without a hearing if I have already started divorce proceedings.

    I have filed for divorce, she is asking (filing) for full legal custody, she does not have any justifiable grounds for full legal custody. She just wants to have more control. I have already filed for divorce. Does this go under my case filing and...

    Joseph’s Answer

    Sole custody awards are extraordinarily rare. The court has to find that it is not in the best interest of the child both of the parents have equal rights to make decisions pertaining to the child. It's important to draw a distinction between sole custody, and what may be termed "primary residential care". Custody, under Kansas law, is the decision-making authority and has nothing to do with where the child lives or who pays child support. People often ask for sole custody when what they really want is for the children to live with them most of the time.

    See question