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Approaches to Mediation

A previous blog post titled Mediation introduced the alternative dispute resolution method of mediation. The blog notes that mediation can proceed with or without attorneys. Let’s take a deeper look at these approaches. Who are the participants? There are different options for who typically participates in mediation of a family law matter. Attorney-Assisted mediation involves 5 individuals: Each of the two parties, the attorney for each party, and a qualified mediator. Party-Only mediation involves 3 individuals: Each party and a qualified mediator. In both scenarios, the process is facilitated by a Qualified Mediator. In Missouri, a Qualified Mediator for [...]

2025-05-14T15:07:13+00:00May 14th, 2025|Categories: Family Law|

Recovering Attorney Fees under Missouri Law

Under Missouri Law, courts can order a party to reimburse the other for reasonable attorney fees incurred in divorce, paternity, legal separation, and post-divorce modification cases. This provision is designed to protect one party from bearing an undue financial burden. It is most common to request attorney’s fees at the end of a case, but if one spouse does not have access to the marital funds or income with which to pay for an attorney, they can file a motion for temporary orders that would include an amount for attorney’s fees. However, it is far more common that at [...]

2025-03-14T15:14:02+00:00March 14th, 2025|Categories: Divorce|

Divorce is expensive, but there are several ways to reduce costs significantly.

One important cost-saving consideration is the distribution of attorney fees between both parties. Understanding how these expenses accumulate can help you make informed financial decisions during the proceedings. In many cases, one spouse—the "motivated party"—is eager to expedite the process. This individual may take on a disproportionate share of responsibilities, such as preparing financial documents and drafting settlement agreements. While this seems logical and proactive, it can lead to unintended consequences that significantly increase the overall costs of the divorce. For instance, diligent attorneys typically begin drafting court documents once they receive financial records from their clients. If the [...]

2025-02-17T15:41:00+00:00February 17th, 2025|Categories: Divorce|

Child Support Payments: Direct Payments vs. State Payment Centers

Kansas: The default method for child support payments is through the Kansas Payment Center. However, parents can bypass this system by demonstrating "good cause". A written agreement between both parents to make direct payments usually satisfies this requirement. The court must still receive proof of these payments. In Kansas, the paying parent is required to submit an annual payment accounting to the court. Missouri: Missouri offers more flexibility. Parents can either use the Missouri Family Support Payment Center or opt for direct payments. Similar to Kansas, Missouri courts apply a "good cause" standard to allow direct payments, especially if [...]

2025-01-07T15:46:15+00:00January 7th, 2025|Categories: Child Support|

Family Pets

Will the Court order shared custody of my family's household pet? No. In Missouri and Kansas, household pets are considered personal property. This means the court cannot award or enforce a custody arrangement for pets in the same way it would for children. This legal stance can be disappointing, especially when minor children are attached to the family pet and the parents wish to maintain stability in their lives post-divorce. Some states have adopted laws that treat pets more like family members than property. For instance, in Illinois, divorcing parties can ask the court to consider the "well-being of [...]

2024-12-11T16:01:34+00:00December 11th, 2024|Categories: Property Division|

How does Kansas’ adoption of the Uniform Nonparent Visitation Act change visitation rights of nonparents?

The Kansas state legislature recently repealed the Kansas statute providing for grandparent and stepparent visitation rights, KSA 23-3301, and replaced it with the Uniform Nonparent Visitation Act (UNVA). The Act expands visitation rights to grandparents, stepparents and siblings of a child. However, the requirements of the Uniform Nonparent Visitation Act may be more difficult for a nonparent to prove. The most notable difference between KSA 23-3301 and the UNVA is that the new law requires a nonparent to show that “[t]he denial of visitation would result in harm to the child.” This means there must be a “significant adverse [...]

2024-11-11T16:11:31+00:00November 11th, 2024|Categories: Child Custody|

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|
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