At the Law Office of Heath A. Stuart, Chartered, we take affirmative steps to get your case on file and file fast. How do we accomplish this? First, we set up your free consultation quickly so that you have a chance to meet with us and decide whether you want us representing you in your divorce. Second, once we are hired, we draft your pleadings quickly and accurately so that they can be emailed to you for immediate review. Third, once your pleadings are verified, we get them filed with the court as quickly as possible so that you are the first to file.
A common question asked is, “what are the advantages to filing first.” The primary advantage to filing first is the ability to obtain “Temporary Orders” under Kansas Law. Temporary Orders are an initial order signed by the judge that prohibits:
1. The parties from harassing each other;
2. The parties from expending marital funds or disposing of marital assets;
3. The parties from destroying or hiding personal and/or business records;
Additionally, temporary orders may designate that the Petitioner has exclusive rights to use the marital residence, establish a temporary parenting plan for the children, and even establish temporary child support. Temporary orders are obtained by filing a Motion for Ex Parte Temporary Orders and a proposed Temporary Orders judgment form with the initial pleadings. Temporary Orders are ex parte orders which simply means that the orders were issued without hearing from the other party—the Respondent.
Jane decides that she wants to divorce John. She calls the Law Office of Heath A. Stuart, Chartered, and has a free consultation within 24-48 hours of her phone call. Jane retains the law firm’s services, and within 24-48 hours, she has her initial pleadings, including the motion and order for temporary orders, in her inbox for review. Jane responds to the email either approving or requesting edits to the pleadings and, regardless, is scheduled in the next day to sign the verification for the approved and/or revised pleadings, which are then filed and served on John.
Because of the rapid timetable employed by the Law Office of Heath A. Stuart, Chartered, even if John is attempting to get his case on file first, he will likely fail to accomplish that goal. Jane now has control of the marital home, has protected her interest in the finances, and most importantly, has a parenting plan for the kids that she wants and an award of child support in accordance with Kansas law.
If you would like this kind of action to preserve your rights and protect your interests, contact the Law Office of Heath A. Stuart, Chartered, today to schedule your free consultation.