What is the secret to Happy Co-Parenting? You Go First What is so happy about divorce? Well, depending on your circumstances divorce can make you happy. But for many of us, divorce is anything but a happy experience. Especially when we start to think about the impact it may have on our children. We all want our children to be happy. And one way to do that is to be happy ourselves. One way to make ourselves happy is to make others happy. That’s a lot of happiness in one paragraph, so let’s unpack it. The Old Order Of Things You may have fallen into an ugly dance with your partner. You may have gotten good and practiced at taking imperfect steps. Now the music has died, and the dance is over. It’s time to go home and no one…Read More
Why Mediate? If you’re planning to divorce, the process of mediation can save you time, money, and stress. Mediation will give you and your spouse an opportunity to hammer out the details of your divorce settlement before going to Court. Because you and your spouse took the time to mediate, you will both already know what to ask the judge for and what your spouse will agree to. It will greatly expedite your divorce proceeding because any conflicts will have already been negotiated and settled. Another advantage of mediation is privacy. Mediation is a confidential process and details of your negotiations with your spouse do not become a part of any public record. So, if you prefer to keep your private affairs private, mediation is a good choice. Mediation has proved successful in 85% of the cases where it has…Read More
A decree finalizing a divorce in Kansas may award either party an allowance for future support. This allowance is more commonly known as spousal support, maintenance, or alimony. The purpose of spousal maintenance is to even the playing field between the parties as they attempt to rebuild their lives post-divorce and to maintain the standard of living the parties developed during their marriage. Kansas Spousal Maintenance Law Under K.S.A. 23-2902, a maintenance award must be in an amount that the court finds to be fair, just, and equitable under the circumstances. This language gives the Court broad discretion in determining maintenance awards. The overarching principle in making this determination is the ability of one party to pay and the other party’s need for support. The method used to calculate a spousal maintenance award varies for each individual divorce case. Kansas…Read More
Every year there are men, women, and children that are put through some very tough situations. If you are facing a situation where you are subject to abuse, here are some steps that you can take to protect you or your loved ones in the Sunflower State. In Kansas, if there is abuse of either the parent or child, as defined under the Protection from Abuse Act, an individual may request a Protection from Abuse Order by filing a Petition with the Court. The Protection from Abuse Order will protect an individual, or their child(ren) from abuse immediately. What Is The Legal Definition Of Abuse In Kansas? Under K.S.A. 60-3102, “abuse” means the occurrence of one or more of the following acts between intimate partners or household members: Intentionally attempting to cause bodily injury, or intentionally or recklessly causing bodily…Read More
So, you want to get married, and you are deciding what the next step is. You have heard of these things called prenuptial agreements. , but you’re not really sure what they are. 1) What is a prenup? A prenuptial (“prenup”) agreement is essentially a contract between two people considering marriage that establishes rights to property and support in the event of divorce or death. It is not, as some would say, an early admission of defeat. First of all, conversations about finances and assets are important before entering into marriage. In order for a prenup to be enforceable, each person must have made a full disclosure of all their financial interests. These conversations make sure that a couple is on the same page, and have been open and honest with each other. For example, will the couple have combined…Read More
Grandparent’s rights are important. When a life changing event occurs, such as a divorce, death of a child’s parent, or a paternity action, grandparents have a legal right under Kansas law, K.S.A. 23-3301, to request court-ordered visitation with their grandchild(ren). A grandparent must establish that they have had a substantial grandparent-grandchild relationship and that it would be in the best interests of the child, or children, for the court to order the same. In order for a grandparent to establish, or prove, that a substantial relationship exists, a grandparent needs to show: 1.) The number of times they visited the child, or how often they have been involved in the child’s life; 2.) The events or activities that the grandparent attended or is involved in with the minor child and the frequency of that involvement; 3.) The frequency of…Read More
When you file a petition for divorce, you may want to file a petition for temporary relief. Things that can be requested: 1) Temporary Custody. There are two types of custody that can be awarded. Joint custody. What this means is that both parents can work together and agree on most aspects of parenting their children. This includes jointly making decisions regarding medical treatment, religion and education. Courts tend to prefer joint custody and encourage co-parenting. That being said, even two great parents may not be able to work together, and joint custody is certainly not right for everyone. Sole custody. Sole custody means that one parent makes all decisions regarding the care of their children. This does not mean that you necessarily think the other parent is bad, simply that you don’t agree or work together well when it…Read More
Stages Of Childhood Every child has unique stages of development. Custody and visitation decisions must take into account the age and developmental needs at each stage When proposing a parenting plan to the Court, you must understand the age of the child. So, how do those stages look (a recent CLE describes the stages of childhood as follows): From birth to 18 months, a child’s needs include receiving attention and protection, allowing physical closeness to and nurturing by primary caretakers and beginning to adjust to scheduled feedings and sleep time. During this period, infants do well when they have a routine so it is important to coordinate transitions between parents in a way that does not interfere with normal sleeping and eating times. Infants have short attention spans and frequent and short visits are preferable to frequent transitions from one…Read More
