Rian F. Ankerholz’s Answers

Rian F. Ankerholz

Shawnee Mission Workers' Compensation Lawyer.

Contributor Level 4
  1. Is it better for the individual to file for divorce or wait for the other party to file.

    Answered 6 months ago.

    1. Rian F. Ankerholz
    2. Mark Alan Rohrbaugh
    3. Kevin H. Pate
    3 lawyer answers

    In Kansas, the filing party has a unique opportunity to have Temporary Orders signed by the judge before any hearing is conducted. That can be an advantage, as the filing party may be able to obtain initial Orders concerning various issues, including , but not limited to child custody, child support, spousal maintenance and possession of the residence. Some restrictions apply. So, it can be an advantage for one party to file first. If the other party feels that the Temporary Orders are...

    4 lawyers agreed with this answer

  2. Mediation and settlement

    Answered almost 2 years ago.

    1. Rian F. Ankerholz
    2. Elizabeth Jones
    3. David Alexander Browde
    3 lawyer answers

    We are so sorry for your loss. It is unclear whether your own lawyer or the mediator gave you the settlement numbers. Under certain circumstances, the paperwork can be modified to correct a mistake or fraud. If the mediator gave you the number, you should discuss a correction with your lawyer. If your lawyer gave the numbers, and you do not feel comfortable going back to that lawyer, then you may want to have the matter reviewed by another attorney.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. 3 years of marriage wife wants divorce and $100,000 cash she put into a remodel. I have no cash but an IRA.

    Answered 6 months ago.

    1. Rian F. Ankerholz
    2. Joshua T. Mathews
    3. Adebayo Ifasesan Kehinde Ogunmeno
    4. Richard M. Blackwell
    4 lawyer answers

    You are asking the right questions, in that the use of a QDRO may be the best option to accomplish an equalized split of the property. However, your question does not specify whether you have a substantial premarital interest in the assets, for both the account and the house. That may affect the property division significantly. Your physical condition will likely affect a spousal maintenance determination more than the division of property. Your marriage is of rather short duration, so a...

    2 lawyers agreed with this answer

  4. My spouse is at fault and is a resident of KS. He filed no-fault divorce but asks spousal support.

    Answered 3 months ago.

    1. Richard Loring Becker
    2. Rian F. Ankerholz
    3. Adebayo Ifasesan Kehinde Ogunmeno
    3 lawyer answers

    Kansas is primarily a "no-fault" divorce state. The “fault” grounds for divorce in Kansas only include the following: 1) failure to perform a material marital duty or obligation, and 2) incompatibility by reason of mental illness or mental incapacity of one or both spouses. The ground of incompatibility by reason of mental illness or mental incapacity can only be pursued if the spouse has been in an institution for a two-year period, and there has been a judgment by a court that the spouse...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Will filing for divorce stop my wifes harassment of me and my new girlfriend

    Answered about 1 month ago.

    1. Ronald W. Nelson
    2. Rian F. Ankerholz
    3. William E. Phillips
    4. Joseph Kelly Levasseur
    4 lawyer answers

    At the time the Petition for Divorce is filed, you may request Temporary Orders which can include mutual Restraining Orders. Those will expire at the end of the divorce case. Other types of Restraining Orders may be available through Protection From Abuse and Protection for Stalking statutes. The availability of such Orders depends on the specific facts of your situation. Consult an experienced family law attorney in your area. We are here to help.

    1 lawyer agreed with this answer

  6. Impact of PFA on divorce

    Answered over 2 years ago.

    1. Rian F. Ankerholz
    2. Daniel Seth Williams
    2 lawyer answers

    Because there are many reasons why a PFA case is ultimately dismissed, the fact that she withdrew the PFA will have little affect on the divorce. If she filed the PFA without good cause, it may make her look vindictive and unbelievable.

    1 lawyer agreed with this answer

  7. Ex lied about wealth (hid) & debt (created just prior to divorcing me to offset finances)also changed pension spousal payout

    Answered about 3 years ago.

    1. Rian F. Ankerholz
    1 lawyer answer

    If you have proof that your former spouse failed to disclose assets during a divorce proceeding, you may be able to reopen the case due to fraud. You will need to show that you requested such information, or that your divorce paperwork required a full disclosure of assets. The creation of additional debt prior to divorce may be material, but generally that known debt will have been considered when negotiating a settlement or presenting to the court the overall resolution of assets and debts....

    1 lawyer agreed with this answer

  8. It is 7 weeks after my TRIAL......What are my options when other spouse attorney is NOT responding to divorce decree document?

    Answered about 1 year ago.

    1. Rian F. Ankerholz
    2. Alan James Brinkmeier
    2 lawyer answers

    In Kansas, the Supreme Court has established a formal Rule to control this situation. Supreme Court Rule 170 provides that when counsel has been directed to prepare the journal entry in a case, counsel shall, unless another time is specified by the judge, serve copies on opposing counsel or a pro se litigant within 14 days. Counsel is required to file a copy of the journal entry with the court as well as a notice setting forth the date it was served. Opposing counsel or the pro se litigant...

  9. Difference between 50/50 Custody and Sharing Custody

    Answered over 1 year ago.

    1. Rian F. Ankerholz
    1 lawyer answer

    Many people use the phrases "50/50 custody" and "shared custody" interchangeably. 50/50 custody is normally thought of as describing the time that each parent will spend with the child or children. Shared custody is often used in the context of describing how child-related expenses will be handled. In fact, the current Kansas Supreme Court Administrative Order which sets forth the state Child Support Guidelines requires a shared expense plan to be in writing and to be approved by the court...

  10. How long does allimony/perminate maintenance last in kansas?

    Answered over 1 year ago.

    1. Ronald W. Nelson
    2. Rian F. Ankerholz
    2 lawyer answers

    Kansas law states that awards of alimony (now called spousal maintenance) will be determined by a spouse's financial need, and the other spouse's ability to pay. So, a stay at home mom/spouse who has substantial need will generally be more likely to receive an award of maintenance than a self-supporting spouse. Maintenance can be granted to a husband or to a wife, depending on the circumstances. Some jurisdictions have published Guidelines to help lawyers and litigants predict whether...

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