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After our 20 year marriage ended in 2013, and before I started looking for a lawyer, she informed me that she went to get a passport issued for a trip to Canada for a family wedding. She utilized (my last) married name, but the passport was denie...
Your question about a "20 year marriage" leads me to believe that you have been in a common law marriage. You would probably meet all of the requirements, but you should discuss them with legal counsel. A common law marriage relationship is recognized in Kansas, and it is terminated by a divorce, just like any other valid marriage. A divorce action can be used to resolve all issues that may arise, and it is normally preferable to making the paternity of a child an issue. Consult an experienced family law attorney. We can help.See question
My husband is financially controlling, keeps regularly chatting with his married ex-girlfriend, also threatens to file divorce. Has rage issues. He apologizes profusely for his behavior. I have been putting up with all these because I am financia...
In Kansas, nearly all divorces are filed on the grounds of incompatibility. The Kansas divorce court will not penalize your husband for infidelity, although it may be considered in a division of property if he spent considerable money on the girlfriend while you were married. The court will examine both parties' financial resources when determining whether either party should pay the attorney fees of the other party. If you have no access to funds with which to hire a lawyer, the court may grant you some attorney fees. Consult an experienced family law attorney. We are here to help. Call for a free initial office consultation.See question
Have not worked out side the house. I'm legally disabled but can't get disability because of his income level. Debt is about $8,000 credit card car loans and house . $1.4 million in retirement house appraisal of $240,000 owe $100,000 hidden $250,...
Because you have been financially dependent on your husband, and it appears he has the financial ability to provide support, it is likely that you would receive a substantial award of alimony, now referred to as spousal maintenance. The facts of each case are different, but if you live in Olathe, Kansas, the Johnson County District Court has some Guidelines regarding spousal support that we can explain to you. You should consult an experience family law attorney as soon as possible. We are here to help.See question
For 20 years of separation and 2 adult children no property involved
I assume you are asking, "Does it make a difference in a divorce if the parties were separated for 20 years?" The answer to that question is yes, it can make a big difference. It will make the most difference in the area of spousal maintenance. Your lawyer will want to know if support was furnished from one party to the other during the separation. A long separation will normally benefit the party who would be paying spousal support. Consult an experienced family law attorney in your area. We are here to help.See question
My wife separated from me 9 mos ago, I want a divorce and cant get her to leave me or my new girlfriend alone, I want to file as soon as monday, and I wanted to know if filing will get her to stop or make her stop harassing us, please help if you ...
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.See question
I had filed for at fault divorce in my state which he got dismissed saying no jurisdiction due to bad service on friend and then filed no fault but is asking for spousal support. I have evidence to show his abuse, desertion and adultry. How do I r...
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 does suffer from mental illness.
The "no-fault" ground for divorce is incompatibility.
In Kansas, fault does not normally come into play when courts make property division or spousal maintenance decisions, but if a parent's misconduct affects the best interests of the children, it will be considered in child custody decisions. Instead, spousal maintenance is determined by the spouses' respective financial needs and ability to pay. Financial dependency on a historical basis will also be considered. An award of spousal maintenance is never guaranteed, and it is primarily determined by inequality in the income and earning capacity of the parties. The duration of any spousal maintenance award will normally be determined according to the length of the marriage and the earning potential of the parties going forward.
main concerns: child custody
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 unfair, a modification hearing may be requested, and it will be scheduled on an expedited basis. Temporary Orders are not mandatory, and many divorce cases are filed without a request for Temporary Orders. The topics for which Temporary Orders are requested often signal whether a divorce is likely to be amicable or hotly contested.See question
I'm unemployed, recovering from shoulder surgery and about to have a back surgery. I offered her $50,000 QDRO but she wants all of the 100K House appraised for $280 I owe $160 I want to be fair but not totally responsible .
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 long-term award of maintenance is unlikely. Consult an experienced divorce lawyer. We are here to help.See question
My divorce went thru TRIAL on March06--2014. Other spouse attorney took a responsibility to prepare the divorce decree. He have it to me for review after two weeks. I made the changes that were NOT compliant to court order and send thi docum...
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 then has 14 days to respond with any objections he or she may have to the proposed journal entry. At the conclusion of the time limits, the authoring counsel is required to submit the original and any objections to the judge for determination of the correct journal entry language. If you cannot get a response from the other side, you should file your own proposed version of the journal entry, and notify the court that you have done so.See question
I want to understand the difference between 50/50 Custody and Sharing Custody, in terms of (1) physical custody, (2) change in support money (3) pros/cons of both (4) any other useful information.
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 if expense sharing is to be used in a shared custody situation. Normally, the amount of money that changes hands between parents in a shared custody situation will be less than in a traditional (primary custody) situation. Custody arrangements should always be developed with the best interests of the children in mind. After proper parenting time is determined, then expense sharing and payment can be resolved. Shared expense plans require considerable cooperation between parents, so parents who do not get along well are better advised to stick with a traditional child support payment plan. Just because parents have a 50/50 custody situation does not mean there will be no child support. All of the factors that go into the child support calculation must be considered, including whether the parents have equal incomes. Consult an experienced family law attorney in your area for actual legal advice.See question