Domestic
Relations Law in Kansas:
A Guide (continued)
Child Custody and Visitation
TERMINOLOGY
USED IN CHILD CUSTODY/VISITATION/SUPPORT ACTIONS
An important consideration in any matter dealing
with children is the terminology used. Kansas
has recently changed its law to recognize a clear definition of the various
terms used:
Legal Custody. Legal custody defines the decision making powers between parents. Kansas law presumes that both parents should share
decision making power and, in the absence of some specific finding that the
child is at risk if shared decision making is ordered, the court will order
what is termed “joint legal custody.” “Joint legal
custody” does not have anything to do with the person with whom the
child lives. It only has to do with decision-making. The alternative is
“sole legal custody” and may be ordered by the court only in
those circumstances in which the court makes a specific finding that it is
not in the best interest of the child that a parent have
the power to participate equally in decision making regarding the child. Even
if the court grants “sole legal custody,” the parent not granted
sole legal custody has the right to obtain any and all information regarding
the child’s health, education and welfare unless the court makes an
additional specific finding that access to such information by the other
parent would be harmful to the child.
Residency. Residency is the designation used to identify the parent with whom
the child usually lives. This parent has no more or less right to decide
matters regarding the child than does the other parent – this
designation is simply a recognition of a fact that the child spends more time
living with one parent than the other.
Parenting Time. Parenting time is the time that a parent is designated to spend
with his or her child. This is what has, in the past, been commonly known as
“parental visitation.” The terms have changed, however, to
recognize that parents do not “visit” their children, but that
both parents are an integral part of their child’s life and that
whatever time is spend with the child by a parent, whether as a primary
residential parent or non-residential parent.
Visitation. Visitation is the designation used for the time spent by a child
with a third party (i.e. a non-parent, such as a grandparent, aunt, uncle,
step-parent, sibling or other third party). A third party does not have the
right to visit the child unless the parents agree to that visitation or the
court orders that visitation on appropriate motion and order.
KINDS OF CHILD CUSTODY/VISITATION/SUPPORT ACTIONS
There are numerous
ways in which litigation regarding children may come about other than in the
course of an initial separation or dissolution of a marriage:
Post Divorce. It is common for one or the other parent to request post-divorce
modifications of orders issued by the court. A party may request modification
of any child custody, residency, parenting time (parental visitation) or
support order in Kansas if there is a “change in
circumstances” from the time when a previous order was entered. The circumstances that may be determined to
be such a change vary from case to case and depend on whether the previous
orders regarding the child were entered by agreement or by court order after
a contested hearing.
Parentage. A parentage action is an action to legally determine the identity of
a child’s parent or parents. A parentage action may be filed by the
child’s mother, the child’s father, or by some third party (such
as the state) who has some interest in formalize the parental relationship.
A parentage action is
brought whenever the mother and father of the child were not married at the
time of the birth of the child. It may be brought for many reasons, some of
which are:
–Establishment
of parentage for child support purposes;
–Establishment
of parenting time or visitation rights;
–Establishment
of parentage for inheritance purposes;
–Establishment
of parentage to allow the courts a means to settle on-going custodial
disputes between the mother and father.
JURISDICTIONAL REQUIREMENTS
In order to for Kansas courts to properly consider Child Custody,
Residency, Parenting Time, Visitation or Support issues, the State of Kansas must have “jurisdiction.”
Jurisdictional requirements are different for different issues.
Jurisdiction for Initial Determinations of Child
Custody, Residency, Parenting Time and Visitation. Jurisdiction for Child Custody, Residency,
Parenting Time and Visitation issues is governed by the Uniform Child Custody
Jurisdiction and Enforcement Act (UCCJEA). Prior to July 1, 2000, these cases were governed by the Uniform Child
Custody Jurisdiction Act (UCCJA). Generally, these Acts (one or the other of
which have been adopted in all 50 states and which have been substantially
incorporated into a similar federal law) provides that a State has the power
to determine child custody and visitation issues under one of the following
situations when no action involving custody of the child has been previously
been filed:
(1) The child has lived in the state for a period of
more than 6 months before the commencement of the proceeding, (“home
state” jurisdiction) or
(2) Within 6 months prior to initiation of the action
the state had been the child’s home state for a period of more than 6
months and the child is absent from this state because the child’s
removal or retention by a person claiming the child’s custody or for
other reasons, and a parent or person acting as parent continues to live in
this state, (“home state” jurisdiction) or
(3) If the child has not lived in any one state for
more than 6 months within 6 months of the filing of the action (there is no
“home state”), and no action involving custody of the child has
been filed before, a State may assume
power over the child if (A) the child and the child’s parents, or the
child and at least one of the child’s parents, have a
“significant connection” with this state, and (B) there is available in the state substantial evidence
concerning the child’s present and future care, protection, training,
and personal relationships. (“significant connection”
jurisdiction) or
(4) If there is an “emergency situation”
such as abandonment of the child by the child’s parents, a court of
this state may exercise jurisdiction to protect the child until a court with
appropriate jurisdiction is able to exercise that jurisdiction
(“emergency” jurisdiction).
For purposes of child
custody, residency, parenting time and visitation determinations, it is
important to know where the child
lives—not where either the parent has lived, although it is not always
determinative of the state that has jurisdiction over the case. Although the
parent against whom a child custody residency or parenting time action has
been filed may not have any connection with the state in which the action is
filed, if the child satisfies the
UCCJA requirements, sufficient jurisdiction is established.
Actions Subsequent to Initial Child Custody and
Visitation Decree (Modifications). After
child custody and visitation issues have initially been determined, the court
which made those determinations retains the power to make orders regarding
those issues – regardless of whether one of the parties moves outside
that state. If both parties move
out of that state, however, the initial court may lose its power to deal with
continuing child custody residency, parenting time and visitation issues. In
such a case, the state where the child has lived for 6 months or more would
become the appropriate place for further child custody and visitation
litigation or the state that has the more “significant
connections.”
Child Support. Regardless of where child custody and visitation issues may properly
be litigated, in order for a state to
properly determine issues of child support, only that state which satisfies
one of the following requirements may issue a valid order of child support:
(1) after the birth of the child, the parties lived together in the state in
which an original child support order is sought and one of the parties
continues to live in the state; or (2) the person against whom an original or
modified child support order is sought has been served with process in the
case within the state seeking to exercise jurisdiction; or (3) the person
against whom an original or modified order of child support is sought has
voluntarily consented to exercise of jurisdiction by the state; or (4) in the
case of a requested modification, a valid child support order was issued by
that state and no other state has assumed jurisdiction of the child support
issue. Every state has enacted and must comply with the provisions of the
Uniform Interstate Family Support Act (UIFSA) in determining such
jurisdiction for child support.
STARTING THE PROCEEDINGS
The first step taken in
starting any domestic action is the filing of a “petition.” The
petition is a simple, straight forward legal document that contains basic
information for the court’s information. The person who first files the
petition is called either the “Petitioner” (if the parties were
previously married), or the “Plaintiff” (if the parties were not
married and the action is one for parentage). The person against whom the
action is filed is called either the “Respondent” (if the person
filing the action is the “petitioner”) or the
“Defendant” (if the person filing the action is the
“plaintiff.”
COURT COSTS
“Court costs” are the fees
required by the courts in order to file a court action. As of July 1, 2002, a filing fee of $110.00 must be paid in order
to file an initial action. A filing fee of $25 is required for any request
for any motion to change legal custody, residency, parenting time or
visitation provisions or to modify the amount of child support paid which is
filed after an initial decree is entered. There is no fee to register a
foreign child custody, residency or parenting time order or child support
order in the state for enforcement purposes. Other “court costs”
may include service fees, deposition expenses and other similar expenses.
TEMPORARY ORDERS
At the time a petition is filed, the
person filing the petition can request that various orders be issued by the
court. These are called “temporary orders” and they govern the
relations between the parties from the time they are entered until the decree
is issued. If temporary orders are not obtained at the time of the filing of
the petition, it is most likely that a motion and hearing will need to be
scheduled in order for the court to issue such orders. There are many
different orders that can be issued on a temporary basis including:
–orders restraining the parties
from bothering or harassing one another;
–orders granting temporary
residential custody and visitation of children;
–orders for temporary child
support;
If you are seeking
temporary support for a minor children, a document
called a “Domestic Relations Affidavit” will have to be completed
by you and filed with the court. This Affidavit contains information about
the occupation of the parties, the parties’ incomes, the number of
children the each of the parties has and the ages of those children, the
monthly estimated expenses and debts and the amount of support requested to meet those needs.
If you are seeking a
temporary order for child custody, residency, or parenting time, Kansas law requires that a “parenting plan”
be filed at the same time the request is made. This parenting plan must be
served on the other parent at the same time the temporary orders are served.
If the other parent disputes the parenting plan provisions proposed, that
parent must file an alternative parenting plan if any modification
of the original orders are requested.
If an initial decree
has already been entered, the Court may or may not enter Temporary Orders.,
depending on the need shown and the danger to the child, if any, shown by
appropriate filings. If post-decree orders for a change of child custody,
residency, or parenting time are sought, the parent seeking the change must
give notice to the attorney who represents the other parent, if that other
parent is represented.
SERVING THE PAPERS
After the petition or
motion for modification is filed, the other party must receive proper notification that the
petition or motion for modification has been filed. There are a number of ways the other
party can be notified..
1.
Entry of Appearance. The other party may sign a written “entry
of appearance.” This is a document prepared by our office for your
spouse to sign indicating that the petition has been received, acknowledging
that the Court has jurisdiction and waiving any requirement that the petition
be handed to him or her by a sheriff or other person authorized to serve
process. The signing of the “entry of appearance” does not mean
that the party has agreed to any of the requests contained in the petition or
other papers filed. The “entry
of appearance” can be signed in our office or mailed with the necessary
papers. The entry of appearance must be signed in front of a Notary Public.
2.
Formal Service. If the other party is unwilling to sign an entry
of appearance, if you are not comfortable handling the service in this manner
or if you are not sure how the other party will react to receiving a Petition
or Motion, we can have the papers which need to be given the other party by
either the Sheriff or a person who is specially appointed by the court to
serve legal papers (a “special process server”). This is usually
an easy process. A party
to an action is not authorized to deliver service.
ONE LAWYER OR TWO?
It is neither practical
nor ethical for a lawyer to represent both parties to a domestic relations
action. Although it is possible for only one person in a domestic relations
action to be represented, we cannot represent both parties. When a domestic
relations action has been filed there is an inherent conflict between the
interests of those two people. As your lawyers, we can only advise you.
There are rare
instances in which you or your spouse may have agreed on everything. In those
cases, we may be able to draft the necessary documents setting forth that
agreement; however, we will not be able to advise your spouse of the legal
meaning of those documents. If your spouse has any questions, he or she
should consult another lawyer.
WHAT HAPPENS IF THERE IS A DISPUTE
BETWEEN THE PARENTS ABOUT WHAT IS BEST FOR THE CHILD?
Mediation. If there are any issues regarding custody or visitation that cannot
be worked out between the parents, a “mediation” conference with
a neutral mediator may be requested to see if you and your spouse can work
out an agreement about the child.
Home Study. If mediation does not bring about an agreement on disputed custody
and visitation issues, the court may order a “home study.” A home
study is an investigation into various aspects of the home life of the
parties’ child. Included in a home study may be interviews with the
parties, friends, neighbors, relatives and, on some occasions, the children
themselves. When the investigation is complete, a home study report is
prepared and submitted to the court. This report is confidential and the
parties generally cannot have access to the report.
Trial. If,
after mediation, there are still issues regarding custody or visitation that
cannot be worked out between the parents, a “trial” will be
scheduled. Testimony and evidence is presented at the trial to the judge
assigned to a case showing what would be in the best interests of the child.
Although the judge will have benefit of any child custody investigation that
has been performed, the court will make its own decision about what is in the
best interests of the child at the conclusion of the trial.
CHILD SUPPORT
Child support is
determined by statewide child support guidelines. Child support is usually
paid by the “non-custodial” parent to the custodial parent. Child
support is a duty of both parents, and neither parent can “bargain it
away” by agreement with the other parent. Child support is the
child’s right to be supported by the child’s parents and the
Court will protect his right, even if there is an agreement between the
parents that no child support shall be paid. Child support is determined by a
number of factors including: the age of the child, the number of children to
be supported, the parents’ incomes, health insurance premiums, child
care costs and other factors.
Child support is
normally payable until the child reaches the age of majority (which is 18
years of age or June 30 if the child's 18th birthday occurs while the child
is attending high school). The obligation to pay child support may be extended
beyond the child’s majority by agreement between the parties, but
cannot be imposed by the Court past majority. If child support was originally
ordered by another state, the time that child support is required is
determined by that state’s laws rather than the law of any state that
may later modify any child support order.
DENIAL OF VISITATION FOR
NON-SUPPORT – NON-SUPPORT FOR DENIAL OF VISTIATION
Kansas law provides that a parent may not deny
parenting time simply because the other parent has not made timely child
support payments. Similarly, a parent may not refuse to pay child support
because parenting time has been limited or denied. The obligations to pay
child support and allow parenting time are independent and are both rights of
the child. Denial of parenting time should not be used as a "lever"
to enforce a financial obligation which exists between the parents.
SETTLEMENT AGREEMENTS
If the parties to a child custody, residency, parenting time, visitation or
support action are able to come to an agreed resolution of the issues in your
case, a Settlement Agreement may be prepared. The Settlement Agreement is a
contract which includes provisions relating to support, insurance (health and
life), claiming dependents as exemptions on income tax returns, and other
matters relating to the child.
It is our earnest
desire that, with our help, you can reach such an agreement. If so, it will be signed by both you and
the other party and filed with the Court at the time of the final hearing.
If you cannot agree,
the Court will decide the issues presented. If the Court makes the decision,
you are bound by it, even if you do not agree with the decision. Therefore,
it is in your best interest to reach an agreement prior to the final hearing.
The Court will usually accept the terms of the Settlement
Agreement reached by the parties, but reserves the power to reject any
provisions it deems not “in the best interests of the child.”
LIFE AND HEALTH INSURANCE
One or both of the
parties may be required to keep insurance in force to protect the payment of
child support payments not yet made.
The Kansas child support guidelines provide that the
parents of minor children will be required to pay the uninsured costs of
medical treatment for their children in proportion to the parent’s
respective incomes. It is, therefore, important that medical insurance for
children be maintained whenever it is available.
CHILD MEDICAL EXPENSES
The Kansas child support guidelines provide that in
addition to any child support amount ordered paid, the parties are to share
any uninsured medical expenses (including deductibles) on a proportional
basis. that a
change in circumstances sufficient is one that must be of a substantial and
continuing nature to make the terms of the initial decree unreasonable.
Modification often occurs merely because the child has grown older and the
child’s needs have changed, although there may be more substantial
changes, such as one parent moving out of state or getting married. Every
situation needs to be evaluated on its own facts to decide if there is such a
change in circumstances that a change in the existing custody or visitation
order is warranted.
WHAT IS A “MATERIAL CHANGE
IN CIRCUMSTANCES?”
Those
circumstances that may
constitute a “material change in circumstances” depend on the
individual factual situation and is ultimately a determination of the judge
before whom the matter is heard. Kansas case law indicates that a change in
circumstances sufficient is one that must be of a substantial and continuing
nature to make the terms of the initial decree unreasonable. Modification
often occurs merely because the child has grown older and the child’s
needs have changed, although there may be more substantial changes, such as
one parent moving out of state or getting married. Every situation needs to
be evaluated on its own facts to decide if there is such a change in
circumstances that a change in the existing custody or visitation order is
warranted.
CHANGING RESIDENCE OF A CHILD
Kansas law requires a parent who has been awarded a
child’s custody to give written notice to the other parent at least 30
days before changing the child's place of residence or removing the child
from Kansas for more than 90 days. The notice must be sent
by certified mail, marked “return receipt requested showing address
where delivered” and “deliver to addressee only.” Failure to give this required notice may
result in a finding of “contempt of court.” If the move is
opposed by the other parent, the person seeking to move with the children may
need to obtain permission from the Court. In such a case, the court
determines whether child may be moved out of the state by examining what
would best serves the overall interests of the child by considering the
following factors, among others: (1) The effect of the move on the best
interests of the child; (2) the effect of the move on any party having
parenting time rights; and (3) the increased cost the move will impose
on any party having parenting time
Spousal
Support
Spousal support is commonly known as
"alimony" or "maintenance." There is no absolute right to
spousal support in the state of Kansas
and such an award depends on the individual facts of each case. In
determining whether spousal support should be granted and the amount and
length of such award, the court looks at the length of the parties' marriage,
the education and job experience of the parties, whether the parties agree
that spousal maintenance is appropriate, whether some support is necessary to
enable a spouse to complete an education or become self-supporting. There may
be some circumstances in which the parties agree to provide spousal support
because of available tax advantages. Spousal support may be deductible by the
person paying the support and taxable to the person receiving the support.
Property
and Debt Division
Equitable
division. Kansas is
known as an "equitable division" state. This means that the court
has the power to decide how to distribute any and all property and debt that
either you or your spouse have obtained — no matter when that property
or debt was obtained, by whose efforts it was obtained, in whose name the
property is titled, or where the property is located. This
"property" includes real and personal property as well as financial
accounts, retirement accounts and any other property "interests"
either party may have.
By reviewing various factors, the court decides
on a fair, just and equitable division of the property that the parties have
obtained. The Court will not allow a wife to "take her husband to the
cleaners." Neither will the Court allow a husband to "cut his wife
off without a dime." The law requires an "equitable division"
of the property, taking all factors into consideration. We will work with you
to reach a fair division of your property (regardless of who paid for it, or
whose name it is in).
Settlement Agreements.
If you and your spouse are able to come to an agreed resolution of the issues
in your case, a Settlement Agreement will be prepared. The Settlement Agreement
is a contract that includes provisions relating to division of property and
debt, support, insurance (health and life), responsibility for taxes,
claiming dependents as exemptions on income tax returns, and other matters
relating to the dissolution of the marriage.
It is our earnest desire that, with our help,
you and your spouse can reach such an agreement. If so, it will be signed by
you both and filed with the Court at the time of the divorce hearing.
If you cannot agree, the Court will decide how your
property shall be divided. If the Court makes the decision, you are bound by
it, even if you do not agree with the decision. Therefore, it is in your best
interest to reach an agreement prior to the divorce hearing. The Court will
usually accept the terms of the Property Settlement Agreement reached by the
parties.
Pre-Marital Agreements
In some marriages, the ability of the parties
(and the Court) to divide marital property may be limited by an existing
"premarital agreement" (also called an "antenuptial"
contract).
If you believe that there is a premarital
agreement which relates to your marriage, let us know as soon as possible,
and bring us a copy of it.
Life and Health Insurance
Each spouse may have rights under various
federal laws (COBRA, ERISA, TRA) to continue coverage under employer-provided
group health insurance plans if he or she was an insured person under that
policy of insurance. A notice to the employer that a former spouse wishes to
elect continued coverage should be given within 30 days after the decree of
divorce is filed at the Courthouse. If you do not have health insurance of
your own, you may wish to consider electing to a continuation of your
coverage under your spouse's plan. The cost of any such continuation coverage
will be the responsibility of the person requesting continuation coverage
(unless you agree otherwise with your spouse or the court makes order
regarding payment for that coverage).
While life insurance coverage for the benefit
of a former spouse is not normally required, one or both of the parties may
be required to keep insurance in force to protect the payment of child
support, property division or spousal maintenance payments not yet made.
In addition, Kansas
child support guidelines provide that the parents of minor children will be
required to pay the uninsured costs of medical treatment for their children
in proportion to the parent's respective incomes. It is, therefore, important
that medical insurance for children be maintained whenever it is available.
How Long Does It Take?
An "uncontested divorce" (a matter in
which all issues are agreed between the parties before the divorce is filed)
can usually be accomplished in sixty to eighty days from the date on which
the petition was filed (or sooner if the Court agrees there is an
"emergency" which justifies shortening the required 60-day waiting
period).
A "contested divorce" (a matter in
which there is any item, such as property division, support or child custody
upon which the parties don't agree) can delay the final hearing for many
weeks or months, because more time must be reserved on the Court's calendar
for presentation of the evidence. A contested action may not be heard for
three to twelve months from the date the petition was filed.
When
is the Divorce Final?
The divorce is "final" on the day the
Decree of Divorce is filed by the Clerk of the Court, if there is no appeal.
This is usually on the same day the Decree is signed by the judge. In the
event any order included in the Decree of Divorce is appealed, the divorce is
not final until the appeal is decided.
You may not marry anyone except your spouse for
thirty days after the divorce becomes "final" unless both agree to
waive their right to appeal.
Moving Out of State
Kansas
law only requires that one of the parties be a resident of the state on the
day the petition for divorce is filed. There is no requirement that you
continue living in the state after the petition is filed in order for Kansas
courts to be allowed to grant you a divorce.
Kansas
law requires a parent who has been awarded a child's custody to give written
notice to the other parent at least 21 days before changing the child's
residence to another state or removing the child from Kansas
for more than 90 days. The notice must be sent by registered or certified
mail, marked "return receipt requested showing address where
delivered" and "deliver to addressee only." Failure to give
this required notice may result in a finding of "contempt of
court."
Reconciliation
Sometimes divorce seems like the only solution.
Often it is not. After a divorce action has been commenced, you may decide to
change your mind and try to work things out. We encourage any efforts toward
reconciliation. If you have reconciled, you should notify us as soon as
possible. If you do reconcile, the divorce action can either remain on file
or can be dismissed. If the case remains on file, the court may ultimately
dismiss the case or request a hearing to resolve the matter. If an
"answer" has already been filed in the case, the divorce action
cannot be dismissed without written approval of both parties and their
attorneys.
Dating
Don't. You are
married. Although this is not the nineteenth century and even though Kansas
is a "no-fault" state, your spouse may attempt to use any perceived
impropriety against you. If you are already involved with another person or
cannot resist dating you should be prepared for the problems that may arise.
Please tell us if you are involved in a relationship with another person or
if you spouse suspects you are involved with another person. It is always
better for us to find out from you than during a delicate negotiation period
when we could have easily dealt with it in a less critical atmosphere.
Confidentiality
As your attorneys we
must have all the facts in order to adequately represent you. This includes
facts that you feel may hurt you as well as those facts which may help you.
The only way we can properly advise you is if we know everything you know.
Anything you tell personnel in this office is strictly confidential and will
not be disclosed without your permission — these confidences are
protected by the "attorney-client privilege."
Similarly, it is very important that you not
discuss any advice or recommendations we may have given you with anyone else.
Disclosure of attorney-client confidences to any third person waives the
attorney-client privilege. Because of this fact, please do not be offended if
we ask that you not bring friends or relatives with you into a meeting with
your attorney. We understand your need for moral support and understanding by
your friends and family, but we are also concerned that you receive
unencumbered advice regarding your specific situation which we cannot provide
with a third party in the office.
Attorneys' Fees and Expenses
The fees charged by our firm are based upon the
time actually expended on your case, the complexity of the case, the novelty
of the issues involved, and several additional factors. No divorce case is
like any other, so "standard fees" are really impossible. The exact
fee will vary with the services your case requires.
Our basic divorce service includes the initial
conference; the preparation and filing of the Petition (or review of the
Petition filed by your spouse); the preparation of an Entry of Appearance to
be signed by your spouse, or arranging for the sheriff to serve your spouse
with a copy of the Petition; conferences to obtain information from you
concerning your assets, liabilities, income and expenses and to make
recommendations about property division and support; routine settlement
negotiations with your spouse's attorney; preparation or review of Property
Settlement and Support Agreement; preparation or review of Divorce Decree;
preparation or review of forms required by the Kansas Bureau of Vital
Statistics; and representing you at the Court hearing to obtain the divorce
decree.
We require the payment of a refundable deposit
("retainer") when you decide you want our firm to represent you in
any matter and we require full payment of any fees accumulated by you by the
time of the final hearing. We will discuss our fees with you at this first
meeting, and our understanding will be expressed in a written contract which
you may terminate at any time.
The degree of cooperation and agreement between
you and your spouse regarding matters of child support, visitation, and
property division has a direct effect on the amount of time which we will
have to spend on your case and, therefore, the fees charged by our firm.
Awards of Attorneys' Fees
If a trial is necessary, the Court may order
either party to pay some (but usually not all) of the other party's legal
fees. As our client, you are responsible for paying our agreed fees and we
will give you full credit for any payments made by your spouse. The power to
award attorneys' fees is solely in the discretion of the court and the award
of any attorneys' fees cannot be relied upon with any certainty. Regardless
of any award of attorneys' fees by the Court and regardless of any agreement
between the parties regarding payment by an adverse party of any part or the
whole of the attorneys' fees incurred by you, you remain indebted and
responsible to the firm for the full amount of Attorney's fees and expenses
incurred.
Your Responsibilities
We expect you to be cooperative and truthful. If you are not, we will not
continue to represent you. You will need to supply us with any and all
information you may have regarding your financial assets and liabilities.
This is the only way we will be able to determine how best to advise you in
the process of separating out the property and debt aspects of the case. We
also expect you to handle your financial commitments to our office in a
prompt and business-like manner. Please notify us of any change of address or
telephone number or if you learn of anything that may affect your case.
General Suggestions
Well-meaning friends and associates will, no doubt,
offer you advice about your case. Frequently such advice is not
accurate and you should be cautious in following it. The facts surrounding
your marriage, divorce, children and property are unique and they differ from
every other case. Friends may help with the personal and emotional crisis,
but you should leave the legal advice to us. Divorce proceedings are very
emotional — even if there are few disputes between the parties.
Sometimes one parent will try to use the children in an attempt to punish the
other parent. Prepare your child for the divorce without poisoning their mind
about your spouse. There are many good books available to help both you and
your child through the process. Obtain professional help if possible. Attempt
to cooperate with your spouse where the children are involved.
It is in your best interest to come to a fair and equitable division of
property and a reasonable agreement concerning the support, custody and
visitation with children. Emotional "blackmail" or a desire for
revenge for past or present transgressions can cloud the issues and almost
always results in increased legal fees. Discuss support and division of
property items with your spouse, if possible. Try to be fair.
Thank You
We appreciate the opportunity to be of service to you at this difficult
time. Thank you for your trust and confidence. If you have any questions or
concerns as your case proceeds, please let us know. The more communication
there is between you and our office, the better we will be able to serve you.
You should know that there are various matters which you should take care of
after the completion of your divorce case, including changing of your Will,
making provision for your children and other matters. Our office provides
various additional services that may be helpful to you at the end of your
divorce.
Nelson & Booth
Suite 160; 10990
Quivira Road
Overland Park, Kansas 66210-2025
(Kansas City Metropolitan Area)
Telephone: (913) 469-5300
Telecopier: (913) 469-5310
E-fax (801) 697-8455
E-mail: Ronald W. Nelson or Joseph W. Booth
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