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Enforcing a Custody Order: What to Do When One Parent Denies Parenting Time

Custody battles can be emotionally taxing, and even after a court has issued a custody order, challenges in co-parenting may arise. One common issue occurs when one parent refuses to allow the other parent their court-ordered parenting time with the child. This situation can be both frustrating and distressing, but there are legal options available to enforce a custody order and uphold your rights as a parent. There are various steps a parent can take to enforce a custody order. Some states offer specific forms online for parents without attorneys to file in their custody case. For instance, the [...]

2024-10-14T14:44:31+00:00October 14th, 2024|Categories: Child Custody|

Can the divorce court divide property that is held in a trust?

Contrary to popular belief, placing your money or property into a trust does not automatically protect it from being divided during a divorce. In Kansas, all property owned by either spouse at the time of division is subject to division during a divorce. Property held in a trust may be divided between the spouses if a spouse is the beneficiary, has control of the trust, or has the right to revoke or amend the trust. Property is protected from division only if another person, other than a spouse, has set up the trust (such as in the case of [...]

2024-09-13T14:54:56+00:00September 13th, 2024|Categories: Property Division|

Can I get an annulment?

In general, courts will only grant an annulment in highly specific circumstances. In contrast to a divorce, which has the effect of severing the legal bond between husband and wife, an annulment completely voids the marriage in the eyes of the law. This effectively means that the law treats the marriage as if it never existed. Contrary to popular belief, a newly married spouse will not be entitled to an annulment just because they file for an annulment quickly after the marriage ceremony is performed. An annulment can be granted for several reasons including misrepresentation or fraud, duress, bigamy, [...]

2024-08-15T14:38:12+00:00August 15th, 2024|Categories: Divorce|

My child wants to live with me. Will the judge listen my child’s opinion?

While most children would likely prefer to stay out of any conflict regarding child custody and parenting time, there are certainly times where a child expresses a strong desire regarding the parenting time arrangement. In Missouri, the court is required to consider as a factor in determining child custody the “unobstructed input of a child, free of coercion and manipulation, as to the child's custodial arrangement.” This may be done through appointment of a Guardian ad Litem for the child, or in some cases, the Judge may interview the child in chambers without the parents present. In Kansas, the [...]

2024-07-11T14:51:01+00:00July 11th, 2024|Categories: Child Custody, Uncategorized|

I want to quit my job and go back to college. Can I reduce my child support obligation?

As a general rule, every parent is legally obligated to financially support his or her children, regardless of employment status. The court determines the amount of child support a parent owes by first evaluating the child's primary residence and the total time spent with each parent. The court then considers the income and expenses of both parents and the child. The specific amount of child support is determined by the child support guidelines of the state where the child support order is issued. However, deviations from these guidelines are permitted under certain circumstances. Once a child support order is [...]

2024-05-30T15:11:17+00:00May 30th, 2024|Categories: Child Support|

Legal Separation vs. Dissolution of Marriage: Which Should I Choose?

When a marriage relationship ends in Missouri, spouses have two different options they can pursue: legal separation and dissolution of marriage (divorce). Many people think legal separation is an easier temporary process than going through a full dissolution of marriage, but that is not exactly accurate. In fact, the two processes are virtually identical because all the same issues must be decided in either proceeding-- division of property and debts, maintenance, custody, and child support. However, there are a few important distinctions between legal separation and divorce. The main legal distinction is that after a legal separation, the parties [...]

2024-05-13T15:53:58+00:00May 13th, 2024|Categories: Divorce|

How Do I Get Alimony in Missouri?

Alimony, which is called “maintenance” in the state of Missouri, is an award made by the court requiring one spouse to provide financial assistance to the other spouse after divorce. This is support for the spouse and is distinct from child support. There is no specific formula for deciding if one spouse will get alimony, but Missouri statutes outline the general requirements a court must follow when deciding on an award of maintenance. First, the court will determine if the spouse seeking maintenance has a need for it in light of his or her property and income. The first [...]

2024-04-25T15:49:00+00:00April 25th, 2024|Categories: Spousal Maintenance|

How Is Property Divided in a Divorce in Kansas?

When you are getting a divorce, it is important to understand how the courts in the state you are living in divide property between the spouses. Typically, the court will value the property and then divide it between the spouses. In contrast to states like Missouri where the court can only divide property acquired during the marriage, Kansas law allows the court to divide all the property either spouse owns at the time of divorce, regardless of when each spouse acquired it. The courts will often set aside to each party his or her premarital property as individual property, [...]

2024-03-07T16:39:57+00:00March 7th, 2024|Categories: Property Division|

Do I Have to Get a Divorce to End a Common Law Marriage?

The short answer is yes. However, it is important to first understand if you actually have a valid common-law marriage. Contrary to popular belief, only some states still allow common law marriages, and they have various requirements for what constitutes a common-law marriage. In states that still allow it, common-law marriage is a legally binding marital relationship between two people without the requirements of obtaining a marriage license and having a marriage ceremony. In general, the requirements of common law marriage are capacity to marry, an agreement to be married, and that the parties hold themselves out as husband [...]

2024-02-21T16:14:29+00:00February 21st, 2024|Categories: Divorce|

How Much Does a Divorce Cost?

To use a lawyer’s typical answer to any legal question: it depends. There are a lot of factors that contribute to the amount one will spend on a divorce, such as whether the divorce is contested or uncontested, whether other professionals are required, such as a Guardian ad Litem, custody evaluator, business appraiser, etc., and how long the divorce process itself takes. If a divorce is uncontested, the process should be relatively quick without substantial legal costs. However, if the divorce is contested, the process will likely take more than a few months and involve substantial costs. Lawyers typically [...]

2024-01-11T16:22:14+00:00January 11th, 2024|Categories: Divorce|
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