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How Long Will My Divorce Take?

A common question clients ask when beginning a divorce is, “How long is this going to take?” While there is a range of possibilities and no definitive timeline for all divorces, there are some factors that will have a definite impact on the timeline. Contested or Uncontested Divorce When spouses have reached an agreement on the substantive aspects of their divorce, they will likely not need much intervention from their attorneys, the court, or outside parties to aid in negotiation. It is much quicker to memorialize an agreement and process it through the Court than to have to negotiate [...]

2023-08-01T16:08:31+00:00August 1st, 2023|Categories: Divorce|

Child Support Modification

If you are paying or receiving child support, there may come a time when child support needs to be reevaluated and either increased or decreased. There are a few reasons a court may decide that a modification is appropriate. In Missouri, the standard for modifying child support is whether there has been a substantial and continuing change in circumstances that renders the terms of the current order unreasonable. In Kansas, the standard is whether there has been a material change in circumstances. Kansas will also allow child support to be reevaluated every three years without the need to show [...]

2023-07-05T15:02:01+00:00July 5th, 2023|Categories: Child Support|

Talking to Your Child about Divorce

Going through a divorce or separation can be a difficult time for the entire family. Regardless of the age of your children, they will face changes, so here are some things you can do to help them move forward: Have a plan. Speak with your spouse about when and how you will discuss your divorce or separation with your children. Consider doing so on a day that allows for some family time and for your children to process the news. If it is extremely difficult for you and your spouse to agree on how to talk to your children, [...]

2023-02-08T16:36:16+00:00February 8th, 2023|Categories: Child Custody, Divorce|

Annulment vs. Divorce

While most people understand the nature of divorce, confusion abounds over the concept of an annulment. Whereas divorce declares a marriage terminated as of the date of a divorce decree, an annulment declares that the marriage was invalid from its very beginning. Essentially, when a judge grants an annulment, it is a finding that a valid marriage never existed. (There is also a difference between an annulment granted by a religious institution and a civil annulment, but this article only concerns the latter). In Missouri, there is a strong presumption all marriages are valid, which makes it tougher to [...]

2023-01-16T17:35:48+00:00January 16th, 2023|Categories: Divorce|

Can My Spouse and I Be Represented by the Same Attorney for Our Divorce?

If you and your spouse have reached a mutual agreement regarding divorce, you may wonder whether you can retain the same attorney to finalize your divorce. The short answer is no, as it is unethical for an attorney to represent both spouses in a pending divorce action. Joint representation in a divorce creates a conflict of interest for the attorney. No matter how agreeable the terms are to each side, an attorney cannot ethically represent both parties in divorce due to the parties’ competing interests. However, if the parties are amicable and have come to an agreement, it may [...]

2022-12-06T15:59:34+00:00December 6th, 2022|Categories: Divorce|

Cryptocurrency and Divorce

Divorce in and of itself is a challenging and often tumultuous process. If your spouse owns cryptocurrency, such as Bitcoin, tracking and valuing the digital currency can further complicate the process. Cryptocurrencies are unlike traditional currencies because they operate on a decentralized system. There is no central bank, government, or regulatory authority backing the asset. Given its decentralized nature, it can be used to hide marital assets.  You may not know if your spouse owns cryptocurrency. Despite its complex nature, cryptocurrency obtained during the marriage is subject to equitable distribution in divorce just like any other asset. Therefore, if [...]

2022-10-13T14:48:20+00:00October 13th, 2022|Categories: Divorce, Property Division|

Spousal Maintenance in Kansas

When is maintenance (a/k/a alimony) granted in Kansas? As with most legal questions, the answer is that it depends. Kansas law provides that the court may grant maintenance if that amount is fair, just, and equitable under the circumstances. Judges in Kansas look at a number of factors when determining whether to award maintenance. These factors include but are not limited to: 1.) The age of the parties; 2.) The parties’ present and prospective earning capacities; 3.) The length of the marriage; 4.) The property owned by the parties; 5.) The parties’ needs; 6.) The time, source and manner [...]

2022-06-09T15:23:06+00:00June 9th, 2022|Categories: Uncategorized|

Termination of Child Support Obligation

A child support obligation is a major financial responsibility. When does that responsibility end? There are several ways that children can be emancipated for child support purposes, and the states of Kansas and Missouri differ in their approaches.   Age According to Kansas law, the age of majority is 18. Typically, when the child reaches the age of 18, a child support obligation ends, although child support payments will continue through high school graduation if certain basic high school requirements are met. Parents are not required to pay college expenses or child support for adult children in college, although [...]

2022-05-11T15:04:01+00:00May 11th, 2022|Categories: Child Support|

Impact of the Children’s Desires in a Custody Dispute

Determining a child custody arrangement and parenting plan with a detailed parenting time schedule is one of the many issues parties are confronted with during a divorce. Custody issues can easily turn into the most contentious issues during the divorce. Courts in both Missouri and Kansas consider a list of statutory factors when determining the child custody arrangement. One of the most common misconceptions is that there is a magic age where children can decide with which parent they want to live or what the parenting schedule should be. This is not accurate, and prior to becoming adults, the [...]

2022-03-14T15:56:01+00:00March 14th, 2022|Categories: Child Custody|

Annulment in Missouri

It is rare in Missouri for the Courts to grant an annulment of a marriage, but there is a procedure for declaring a marriage to be invalid that is authorized by the Missouri statutes. An annulment, rather than a dissolution of marriage (divorce), may be proper only in very specific situations, such as: The married parties have a close relationship, typically by blood. One of the parties at the time of the marriage did not satisfy the age requirement and did not receive the court’s consent – in Missouri, the age requirement is 16 with parental consent, or 18 [...]

2022-02-21T15:51:07+00:00February 21st, 2022|Categories: Divorce|
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