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The Importance of Establishing Paternity

The establishment of paternity- the process whereby a man is determined to be a child’s biological and legal father- is extremely important for biological parents who were not married at the time of the child’s birth. Missouri law presumes that a child born to a married man and woman is the child of that man and woman. The husband will be legally recognized as the child’s father. However, this same presumption is not afforded to unwed fathers. Generally, at the hospital after a child’s birth, both parents acknowledge the paternity of the child by signing an Affidavit Acknowledging Paternity. [...]

2021-09-07T15:20:39+00:00September 7th, 2021|Categories: Parentage|

Social Media and Divorce

Social media has increasingly become a major part of our day-to-day lives. We often turn to social media to express our joys and grievances, sometimes without even thinking about what we are putting out into the world. If you are going through the process of divorce, it is important that you are mindful of your social media use. What you post on social media can be used as evidence for or against you during your divorce. Your social media use can have a negative effect on the amount of legal fees you pay in your divorce, the amount of [...]

2021-07-08T14:21:27+00:00July 8th, 2021|Categories: Divorce|

Is My Prenuptial Agreement Valid?

Prenuptial agreements (also known as antenuptial agreements or “prenups”) are contracts entered into between prospective spouses prior to and in contemplation of marriage. Prenuptial agreements generally determine how property and assets will be divided in event of divorce. These agreements are typically favorable and enforceable under Missouri law. The terms of a prenuptial agreement can include division of real property, individual and marital assets, business assets, and individual and shared debts at death or divorce of the spouses. Prenuptial agreements can also include provisions affecting issues like spousal maintenance and payment of attorney’s fees in a divorce action. On [...]

2021-06-01T15:37:07+00:00June 1st, 2021|Categories: Divorce|

Mediation

Along with negotiation and arbitration, mediation is a method of dispute resolution alternative to traditional litigation. Mediation is a process of assisted negotiation involving the use of a neutral third party to help the disputants discuss and resolve issues. While mediation can be utilized as an alternative to traditional litigation, it is also a common tool for reaching a resolution during the process of traditional litigation. In other words, parties may hire attorneys, file a case with the court, and exchange documentation through the process of formal discovery. But they can then attempt to resolve their issues prior to [...]

2021-04-26T14:40:04+00:00April 26th, 2021|Categories: Divorce|

Joint Titling Real Estate and Its Effect on the Marital Equity of the Home

The characterization and division of property is a highly contentious topic in a divorce. Divorcing couples often must address the issue of who will get to stay in the marital home, and how the other party will be compensated for his or her share of the marital equity. In Missouri ,when one spouse owns property prior to the marriage, that property is that spouse’s non-marital property and will remain separate at the divorce. However, significant issues arise when non-marital property is retitled in both spouses’ names during the marriage. Under the theory of what is called transmutation, there is [...]

2021-03-25T15:09:10+00:00March 25th, 2021|Categories: Property Division|

Relocation in a Border City

Since the Kansas City metro area is located on the state line between Missouri and Kansas, it is not uncommon for a parent to move from Missouri to Kansas or from Kansas to Missouri. This crossing of state lines can raise additional questions and issues for divorced or divorcing parents with minor children in the home. Regardless of whether or not state lines are crossed, a parent who wants to relocate the children’s home has to comply with certain statutory requirements. In Missouri, you must send the other parent notice of the intended relocation by certified mail at least [...]

2020-10-20T15:03:46+00:00October 20th, 2020|Categories: Child Custody, Child Support|

College Expenses after Divorce

Figuring out how to pay for your children’s college education is an intimidating process, and it can be even further complicated if you are divorced or are going through a divorce. Do the parents have any responsibility to pay college tuition and expenses? Does child support continue when the children go off to college, and if so, how is it affected? The answers to these common questions depend on which state has jurisdiction of the divorce. In Kansas, parents are not required to pay child support after the child turns 18 and graduates high school, even if the child [...]

2020-05-05T14:56:19+00:00May 5th, 2020|Categories: Child Support|

Family Law in the Time of Coronavirus

The current COVID-19 pandemic, along with the restrictions that go along with it, has complicated virtually every aspect of our society, including the courts and how we practice family law. Unfortunately, family conflict does not go away during difficult times. On the contrary, issues within the family are likely to be exacerbated due to families being forced to occupy the same space for long periods of time under the shelter-at-home restrictions. Although most law firms in Kansas City are not physically open to clients or staff, domestic lawyers are continuing to work remotely to assist their clients with ongoing [...]

2020-04-09T15:20:26+00:00April 9th, 2020|Categories: Divorce|

Custody of Family Pets

While there are clear procedures in place for custody of children and division of property post-divorce, the law offers little guidance on an issue often of great importance to divorcing couples: the family pet.  Traditionally, the law recognizes a family dog or cat as nothing more than property to be divided along with the couches, TV’s, and other household goods.  The law falls short of reality in this situation, as many people love their pets as bona fide family members. While pets are traditionally viewed as property in the eyes of the law, some courts and states are beginning [...]

2020-01-24T15:54:33+00:00January 24th, 2020|Categories: Divorce|

Holiday Parenting Time

As the holidays approach, many parents in the process of divorce may be concerned about how a time of year centered on family will be handled now that the family is changing. While it is natural to want to have your children with you for every holiday every year, it is important for children to get to spend holiday time with each of their parents when their parents are no longer together. The parenting plan that you will prepare with your divorce attorney will have a parenting time schedule, which will include a specific schedule for all major holidays. [...]

2019-12-17T22:43:02+00:00December 17th, 2019|Categories: Child Custody|
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