Barnds Law LLC

What Are Marital Agreements?

Nuptial agreements, such as prenups and postnups, are marital contracts. Marital agreements are meant to handle complex family law legal matters such as asset division, alimony payments, and more if a marriage ever results in a divorce. These marital contracts must be written and considered carefully to be enforceable in a family law court.

Both spouses must freely enter into prenuptial and postnuptial agreements, the two parties must fully understand the implications of the agreements, and a family law judge must deem the contract terms fair to both parties, considering the circumstances.

These legal documents are very flexible and can meet the unique needs of every married couple, sometimes contending with issues related to real estate property, pensions, investments, business ownership, and more. To ensure that your marital contract is legally enforceable in a court of law, we strongly advise you to retain the professional legal counsel of experienced family law lawyers who can assist you in drafting and executing your prenuptial or postnuptial agreement.

What Are the Differences Between Prenuptial and Postnuptial Agreements?

Although prenuptial and postnuptial agreements serve many of the same purposes, they differ in key ways.

A prenuptial agreement is a contract between two adults intending or contemplating marriage. The terms of the prenuptial agreement are likely to apply in the event of divorce proceedings or the early death of one party involved in the agreement. What may be included in prenuptial agreements can vary from state to state. Your prenuptial agreement addresses concerns about asset division, spousal support, and other similar matters.

A postnuptial agreement works similarly to a prenuptial agreement; however, it must be made between two married spouses at some point after their marriage. While both prenuptial and postnuptial agreements can handle legal matters related to divorce cases, they are meant to establish the terms for how things should unfold in the event of a divorce. Still, they cannot be crafted in anticipation of a divorce.

Are Postnuptial Agreements Growing in Popularity?

Not long ago, prenups and postnups were viewed negatively by most individuals as there was a belief that these marital contracts showed a lack of faith in marriage, devalued the romanticism of being a married couple, and for other reasons as well. However, in recent years, both prenuptial and postnuptial agreements have been steadily growing in popularity across the United States of America.

There are several reasons for the increasing popularity of postnuptial agreements, including the following:

• A change in societal norms wherein married couples are now more open to discussing financial matters as equals and planning for the future together
• Another common reason for an increase in postnuptial agreements relates to estate planning. Specific estate planning measures can be effective, particularly for second marriages and parents looking out for the children of both spouses
• Divorce rates are high, with almost 50% of all marriages now ending in divorce. With the increase in separations, younger married couples understand the importance of planning for the unforeseen and the unknown that awaits their marriages
• Some individuals and married couples pursue opportunities in entrepreneurship or business ownership, which come with complex financial scenarios, particularly in the event of a divorce
• The economy is unstable, and financial crises can affect families, necessitating the need to protect assets and plan for the unexpected
• There is an increase in dual-income households and blended families, creating more complex financial situations for married couples and necessitating the need for clear agreements on the future

Another reason married couples may create more postnuptial agreements is that the old belief that these marital contracts weakened relationships has largely beenoverturned. Married couples now better understand that these agreements can provide both spouses with additional security, financial transparency, and peace of mind. Having a clear idea of how the future will unfold if a divorce happens may result in fewer conflicts within the family unit about finances and expectations.

Why Should You Consider Creating a Postnuptial Agreement?

Considering the benefits of a postnuptial agreement is not a sign of failure in your marriage, or an indication that you are concerned it will one day end. In many instances, married couples turn to postnuptial agreements to strengthen their relationships, reduce uncertainty, and clarify their expectations for the future.

Some of the reasons you may consider creating a postnup include the following:

• If you have children from a previous marriage and you want to ensure that your wealth is passed along to a child and a blended family, a postnuptial agreement can help ensure that assets and financial accounts are distributed as you intend
• Estate planning, retirement planning, and other long-term financial goals can be impacted by a divorce case, making a postnuptial agreement valuable for providing clarity
• In situations where one spouse carries a large amount of debt into the marriage, a postnuptial agreement can help clarify who is responsible for paying off that debt
• Postnuptial agreements can be used to help reconcile a couple after marital struggles, such as infidelity
• Significant changes in wealth or income after an inheritance, receiving a large bonus, new employment, or launching or selling a business

To learn more about the many benefits of creating a postnuptial agreement, please get in touch with our Overland Park-based law firm to discuss your questions and concerns with our attorneys.

Contact Us to Schedule an In-Depth Strategy Session with Our Legal Team Today

Postnuptial agreements are popular, and there is no reason to believe that this upward trend in popularity will stop anytime soon. It’s more likely that such marital contracts will continue to increase and eventually carry more weight as couples consider their benefits and turn to lawyers for help creating those documents.

When creating a family law document such as a prenuptial or postnuptial agreement, it is imperative that you carefully consider all the implications of the contract under the advisement of experienced legal counsel. Failure to meet the state’s requirements could lead to your postnup being deemed unenforceable in the courts. Our legal team would be proud to assist you in creating a postnuptial agreement that stands up to scrutiny and meets all your needs.

To learn more about the benefits of retaining our legal services, please get in touch with our law office to schedule your initial consultation today. You can reach us at 913-514-0909.

How Do Divorced or Separated Parents Make Co-Parenting Work?

Going through a divorce is often one of the most challenging legal matters that we may ever be forced to contend with. Divorce cases are especially difficult when divorcing spouses had children during their marriage. In such instances, family law courts typically encourage co-parenting arrangements that allow both parents to remain active in their children’s lives. However, co-parenting can be very hard, especially after following what might have been a high-conflict divorce. To make co-parenting work, the parents must try to put their hurt feelings aside and do what is in the children’s best interests.

Open communication and honesty with the other parent about your needs, schedules, and significant life events are critical to fostering a healthy co-parenting relationship. It is also essential that the child’s needs, events, and day-to-day scheduling are prioritized above either parent.

You and the other parent should attempt to remain flexible in setting schedules, considering the needs and activities of all parties. By remaining open, flexible, and agreeable, you can work to avoid potential conflicts before they ever arise.

Stability for the children is paramount. Consistent and unified parenting rules can set the boundaries and expectations for the children, regardless of where they may be currently residing. By accomplishing this, the parents and the children can enjoy a smoother experience in the co-parenting arrangement.

Showing a little appreciation for the co-parent can also go a long way. Attempt to acknowledge the other parent’s efforts and contributions to the child’s life and your needs.

We would also recommend seeking family or individual therapy to address underlying issues and improve overall communication when appropriate.

What Can You Do When Conflicts Arise with the Other Parent?

There are many potential scenarios for disputes and conflicts to arise in co-parenting situations post-divorce. Some of these conflicts may stem from simple misunderstandings, others may result from intentional bad faith practices, and in some cases, both parties may be in the wrong.

When a conflict arises in your co-parenting situation, there are a few key strategies that you may employ to help mitigate the damage and improve relations in the family unit.

Firstly, the foundation of every successful co-parenting arrangement involves putting the needs of the children first. If you can focus on creating stability and consistency in your children’s lives, the rest can follow suit with time.

Well-drafted parenting plans can help prevent disputes from ever happening by outlining visitation schedules, custody agreements, decision-making responsibilities, and methods for resolving disputes.

Establishing clear boundaries in a co-parenting relationship is essential. Clearly detailing the communication methods, responsibilities, and acceptable behaviors can help avoid conflict.

Attempt to put strong emotions aside and approach conflict with a professional or almost businesslike communication style. Attempt to remain respectful, stick to the facts, and avoid emotional outbursts.

You and the other parent must work on improving communication after your divorce. Listen carefully to each other, attempt to avoid bringing up past conflicts or assigning blame, schedule regular check-ins, and consider the value of mediation services to help you communicate with the ex-spouse.

Many valuable co-parenting apps and resources are available to help you track schedules, reduce miscommunication, and document important factors related to your co-parenting plan. Consider the benefits of utilizing these tools.

We must also advise you to practice self-care whenever possible. When you are stressed, depressed, and physically unwell, you are not well equipped to address emotionally difficult situations like disputes with your ex.

Remember that co-parenting arrangements can be overwhelming even in the most ideal circumstances. It is okay to seek help and support from professionals, family members, or other loved ones. Qualified therapists and counselors can assist you with co-parenting issues and provide useful techniques to enhance communication and reduce stress, making conflicts less common.

How to Protect Your Children from a Co-Parenting Conflict?

Co-parenting conflicts can hurt the children’s well-being. In serious conflict situations, children may feel compelled to take sides, ruining a relationship with one parent in favor of the other. Children can also become withdrawn, act out at school, lose confidence, have trouble concentrating, and experience difficulties connecting with others. It is wisest to shield children from conflicts between co-parents whenever possible.

Tips to minimize the adverse effects on your children include the following:

• Attempt to have difficult conversations out of the earshot of the children. If in-person discussions inevitably lead to conflict, opt for emails or text messages instead, but only so long as you can stick to the facts and remain clear in your writing
• Never ask your child to act as a messenger between you and the other parent
• Avoid making negative or disparaging comments about the child’s other parent in their presence or anywhere the child may eventually overhear. You want to foster a healthy relationship between the child and both parents, and this is only possible if you refrain from speaking negatively about the other parent in the child’s company
• Consider the benefits of engaging in a co-parenting or post-divorce program. These programs can provide valuable tips for managing conflict and putting the needs of your children first
• Even if the child’s other parent is behaving poorly, attempt to remain calm and respectful in any dialogue with the parent. This is especially useful when the child is present, as they need to see some consistency and respectable behavior from at least one of their parents
• When venting your frustrations, consider writing in a journal, speaking to a therapist, or talking confidently with a close friend. These situations can be stressful, and it’s perfectly natural for you to have difficult days when you need to release some steam. But remember to do it in the proper environment and with the right people

Contact Our Law Firm to Schedule a Case Evaluation with Our Experienced Family Law Attorneys Today

You should consider speaking with legal professionals in situations involving child custody disputes, complex financial matters, and high conflict with an ex-spouse. Our family law attorneys have the knowledge and experience to address your needs and help you navigate your case through difficult days ahead.

To learn more about the benefits of retaining our legal services, contact our law office to request a strategy session with our lawyers today.

You can get in touch with us by calling us at 913-514-0909.

Are You And Your Spouse Looking For a Divorce?

No one gets married with the intent to get divorced, but sometimes, no matter how hard you and your spouse work on your relationship, divorce may be the only option. That doesn’t mean you have to hate each other or fight it out when you can’t agree on certain key elements of your divorce. Many couples are able to work together and reach an amicable end to their relationship. 

When you work with an experienced family law attorney, you can move through the important legal steps of dissolving your marriage and know that you are legally protected, and you avoid animosity and anger.

Want to speak with a family attorney from Barnds Law LLC? Call 913-514-0909 to schedule a free consultation and find out how we can help you.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all of the major terms of their separation without the need for courtroom intervention. This includes things like property division, debt allocation, spousal support, child custody arrangements, and child support agreements. In Missouri, this type of divorce is often the quickest and most cost-effective way to legally end a marriage.

A contested divorce often involves disputes that require a judge to make the final decision, taking control away from the divorcing couple. An uncontested divorce allows couples to stay in control of the process without the need for lengthy hearings or multiple court appearances.

There is a benefit that isn’t related to the legal or financial aspect of divorce, and it is reduced mental and emotional impact. Much of the discourse during a divorce tends to arise during hearings where couples are required to bring arguments and evidence proving why they believe a topic should be resolved their way. This can have lasting emotional impacts and leave couples walking away from their divorce bitter and less likely to work together in the future, in the case of child support and custody.

What Issues Must Be Agreed Upon Before Filing?

For a divorce to be truly uncontested in Missouri, both spouses must agree fully on all major aspects of their separation. These issues must be resolved in writing, typically in a Marital Settlement Agreement, before the court can finalize the divorce. All it takes is one unresolved issue for the divorce to be considered contested, potentially delaying the process.

For a successful uncontested divorce, you must agree on the following:

• Division of property: Both parties must agree on how to divide all marital assets, including the home, vehicles, financial accounts, and personal belongings.
• Allocation of debts: Similar to assets, you must agree on who will be responsible for any joint or individual debts, such as credit cards, loans, or other bills.
• Spousal support: If one spouse is entitled to support, the agreement must specify the amount and duration of those payments, or agree that neither party will seek support.
• Child custody and parenting plan: When children are involved, both spouses must develop a detailed parenting plan that outlines legal and physical custody, parenting time schedules, and decision-making responsibilities.
• Child support: The agreement must follow Missouri’s child support guidelines or provide a legally acceptable alternative. The court will review it to ensure it satisfies the child’s best interests.

Even if you cooperate, finalizing these details requires careful documentation to ensure the agreement is not only fair but also enforceable. Brands Law LLC has the experience you need to help you reach an amicable agreement that leaves both of you happy and heard when your divorce is finalized.

What Can You Do To Prepare for a Smooth Divorce?

Even when you and your spouse agree on key elements of your divorce, preparation is still the key to avoiding delays, confusion, and unnecessary stress. If you are both ready and well-prepared, the divorce can often be finalized with minimal court involvement.

Some of the steps you can take to prepare include the following:

• Gather important financial documents: Collect your records for all assets and debts, including documents like tax returns, pay stubs, debts, and other important financial documentation.
• Create a list of marital property and debts: Using your documentation, outline everything you own and owe, both together and separately. Take time to start discussing how it should be divided.
• Discuss custody: If you have children, talk about parenting time, school arrangements, holiday schedules, and who will have what decision-making responsibilities.
• Agree on support: Speak to each other about whether or not spousal support is necessary, and if so, how much for how long. Using Missouri’s standards, come up with a fair child support plan that the courts will approve of.
• Set reasonable expectations: Even when it seems like you agree on everything, amicable divorces still require compromises. Focus on the big picture, finalizing your divorce efficiently and with minimal conflict.
• Consult with an attorney: Agreeing on everything will not mean much if the content of your uncontested divorce is not legally enforceable or fair. The court may decline the terms you have set. A lawyer can help ensure everything is above board.

Do You Really Need an Attorney for an Uncontested Divorce?

Even if you agree on everything, this is still your financial and familial future. Once finalized, your agreement will be legally binding and difficult to alter. Working with an experienced divorce attorney can make the process smoother and more amicable.

Hiring an attorney can also help ease concerns you have of being taken advantage of, as they will have the experience to recognize unfair phrasing and actions.

Call 913-514-0909 to schedule a free consultation with Barnds Law LLC today.

Do You Need Help Modifying Your Child Support Order?

It is normal to feel like child support is some sort of punishment, a payment made from a parent to the custodial parent. Child support is not meant as a punishment; it is a way to ensure both parents are contributing to the upbringing of their shared child. That doesn’t stop it from becoming a major burden when circumstances change and payments seem unfair.

Modifying a child support agreement is a complex legal process that often requires court hearings and legal intervention. You can’t simply make an agreement with your child’s other parent, and doing so can become a very costly mistake. On the other hand, showing up to a modification hearing unprepared can result in your request being dismissed and your payments unchanged.

Brands Law LLC is here to help you understand the process of modifying child support, as well as help you determine if your changes merit a modification. Call 913-514-0909 to get started or keep reading to learn more.

What If You Need Your Child Support Obligations Decreased?

If your financial situation has significantly changed since your divorce, you may be able to request a modification of your child support order. In Missouri, courts allow child support to be reduced when there is a substantial and continuing change in circumstances that makes the current amount unfair or unmanageable. 

Common reasons include:

• Job loss or a significant decrease in income
• Unexpected medical expenses or disability
• A change in custody arrangements
• One parent’s remarriage or change in financial support needs

It is important for you to understand that you can not simply stop or reduce your payments on your own, and doing so could result in arrears or enforcement actions. Instead, you will need to formally petition the court and provide documentation that proves your circumstances have changed enough to warrant a modification.

What If You Think the Payments You Receive Should Be Increased?

If you are the custodial parent and you are receiving child support payments, you may believe that the current amount no longer meets your child’s needs; you may have the right to seek a modification. 

You may be eligible for an increase if:

• Your child now has greater financial needs, such as medical care or school expenses
• The other parent’s income has significantly increased
• There has been a shift in custody or parenting time that places more financial responsibility on you.

Just like a payment reduction, to pursue an increase, you will need to petition the court and present clear evidence of the change. If you are unsure whether or not you have the needed evidence, you can call 913-514-0909 to speak with an experienced family attorney.

What Is the Modification Process in Missouri?

In Missouri, to modify child support, you will have to go through court to ensure any changes are legally binding. Whether you are seeking an increase or a decrease to support payment, the court must determine that a substantial and ongoing change in circumstances has occurred.

This process typically follows these steps:

1. Identify the grounds for modification

• The change must be significant, ongoing, and directly impact the child’s welfare or a parent’s ability to meet their obligations.

    2. File a motion to modify

• You will need to file this with the family court that issued the original order. The motion will outline the requested changes and reasons behind them.

    3. Serve the other party

• The other parent must receive legal notice, giving them the chance to respond to or contest the request.

    4. Attend a court hearing

• Both parties present their evidence. The judge will review financial documents, parenting schedules, and any supporting testimony.

    5. Receive a court decision

• If the judge finds the change justified and in the child’s best interests, a new court order reflecting the modification will be issued.

If that seems like a lot, that’s because it is. This is a complex legal process, and making a mistake during any one of these steps can severely impact your modification request. That’s why you should employ the legal services offered by Barnds Law LLC to help guide you through the process and give you the support you need to succeed.

Why Would a Modification Petition Be Denied?

Not all modification requests are granted. Some common reasons for a denial include:

• Insufficient evidence of change: If you can’t show that your or your child’s circumstances have changed significantly and that those changes are ongoing, the court may reject your request.
• Temporary or voluntary changes: Short-term issues, such as a brief job loss or changes you chose, may not meet the legal threshold.
• Lack of impact on the child’s well-being: Ultimately, the court’s primary concern is the child’s best interests. If the change doesn’t materially affect the child’s needs, the modification may be deemed unnecessary.
• Failure to follow proper legal procedure: Missing deadlines, filing in the wrong jurisdiction, or failing to serve the other party properly can result in an automatic denial.

Do You Need a Family Law Attorney for a Child Support Modification?

Working with an experienced attorney can make all the difference in both the outcome and the process of child support modification. Modifying child support in Missouri requires more than just filling out forms; it involves providing persuasive evidence, following legal procedures, and understanding how the law applies to your unique situation.

The family attorneys at Barnds Law LLC can help you understand the process and determine whether you meet the legal standard for modification, increasing your odds of a successful modification.

Call 913-514-0909 to schedule a free consultation and find out where you legally stand.

Are You Soon To Be Wed?

Congratulations on your special day! While planning the perfect venue, the best dinner, and choosing your colors, one thing you may not be thinking about is prenuptial agreements.

Some people think prenuptial agreements are a bad thing. They have the mindset of “why do you need a legal agreement if you trust your spouse?” In a perfect world, they would be exactly right. But in the world we live in, prenuptial agreements ensure that the motivation for getting married is love, not assets or wealth.

Let us explain what a prenuptial agreement is, what it does and does not protect, and how it may be beneficial to your marriage.

What Is a Prenuptial Agreement?

A prenuptial agreement, often shortened to just “prenup,” is a legally binding contract entered into by two people before they get married. It outlines how assets, debts, and financial responsibilities will be handled during the marriage and in the event of a divorce or death.

A prenuptial agreement is particularly useful for high-value individuals with significant assets. Beyond assets, prenuptial agreements are great for individuals who own a business, may receive a considerable inheritance, or want to help avoid lengthy disputes in the case of divorce. These agreements specifically protect separate property and define spousal support expectations, and can even assign responsibility for debts.

To be enforceable in Missouri, a prenuptial agreement must be:

• Voluntarily signed by both parties
• Made with full and fair disclosure of each person’s assets
• Not grossly unfair or one-sided

Our goal is to help you and your future spouse draft and review a prenuptial agreement that is clear, enforceable, and customized to cater to your unique circumstances. With our help, your well-structured prenup can bring you peace of mind and help minimize financial uncertainty.

Schedule a free consultation with a Barnds Law LLC family lawyer by calling 913-514-0909.

What Can a Prenuptial Agreement Protect?

When drafting a prenuptial agreement, you will define what belongs to each spouse before the marriage and how that property will be treated if the relationship ends. While every couple’s situation is different, a properly drafted prenup can provide clear protection for a wide range of financial interests.

Premarital Property

A prenup can explicitly state which assets belong to each spouse before entering the marriage and ensure that those assets remain separate property. This can include:

• Real estate
• Vehicles
• Savings accounts
• Personal valuables acquired before the wedding

Without this clarification, Missouri courts may assume these assets are subject to division in the case of a divorce.

Business Interests

If you or your future spouse owns a business, a prenuptial agreement can shield that business from being divided or devalued during divorce proceedings. Your prenup will clarify ownership, protect future growth, and prevent a forced sale or unwanted involvement from your spouse in the case of divorce.

Debts

Prenups can protect each spouse from the other’s debts. If one person enters the marriage with student loans, credit card debts, or other liabilities, a prenup can ensure the other spouse isn’t held financially responsible for those debts during or after the marriage.

Future Inheritance

If one spouse is set to inherit family wealth or property, a prenup can preserve that spouse’s ownership of those assets. It can also protect an intended inheritance for children from a previous marriage, ensuring they are not diluted or lost through divorce.

Spousal Support

Also known as alimony. You and your fiancé can include terms that limit or waive future spousal support. However, Missouri courts will not enforce unconscionable agreements.

Retirement Accounts and Investments

You can specify how 401(k)s, IRAs, and brokerage accounts will be treated in your prenuptial agreement. This is useful when one spouse has spent years contributing to their retirement funds while the other has not.

Not Protected

While a prenup is a valuable tool, there are certain things your prenup can’t protect or cover. They usually include:

• Child custody and child support arrangements
• Inconscionable or grossly unfair terms
• Provisions that encourage divorce, like a cash payout in the event of divorce
• Non-financial personal matters
• Waiving rights without informed consent

Can a Prenuptial Agreement Be Challenged or Invalidated?

Absolutely! A prenup agreement can be challenged in court, and in some cases, invalidated entirely by a judge. Common reasons may include fraud, such as hiding assets or failing to disclose finances. Claims of coercion or duress where one partner was pressured into signing can also lead to an agreement being invalidated. If one spouse did not fully understand their rights and lacked legal representation, a judge may consider the agreement to be unfair.

To reduce the risk of a challenge, both parties should have their own attorneys help them understand and revise the agreement, and the prenup should be signed well before the wedding.

Can a Prenup Be Drafted After Marriage?

No, but there is a similar agreement called a postnuptial agreement, which can be entered into after marriage. These agreements serve the same purpose as prenuptial agreements and are especially useful when circumstances change after the wedding.

When Should You Speak With a Family Lawyer?

While you want to take time to celebrate your engagement, a prenuptial agreement should be drafted and signed well before you say “I do.”

The family law attorneys of Barnds Law LLC are here to help you and your fiancé create a legal foundation on which you can confidently build your relationship.

To get started, call 913-514-0909 to schedule a free consultation. As our client, we will ensure your assets are protected and your marriage is built on love and trust!

What Are Unique Family Law Issues Faced by Military Families?

Family law legal matters are inherently complex, regardless of whether the individuals involved come from a civilian or military family. However, military parents and other family members may face unique challenges not faced by their civilian counterparts. 

Perhaps chief among the unique challenges military families face are frequent relocations or permanent station changes. Military families are expected to move often whenever orders instruct them. A permanent change of station could occur every two to three years, with some relocations taking military service members to different states or countries. These moves can play a significant role in deciding or disrupting child custody arrangements, sometimes leading to the need for modifications. 

Deployments for active duty have their unique challenges. If the custodial parent deploys, they may need to transfer child custody to the other parent or modify the child custody arrangement. Similarly, it may be challenging for parents to remain in contact and feel connected with their children when they are deployed.

Additionally, it can be challenging to establish child custody and other legal matters because of questions about jurisdiction. Concerns about jurisdiction may arise when parents in a military family live in different states or countries. 

Emergency responses, unexpected work obligations, and new training exercises may arise, impacting the consistency of child custody and parenting plan schedules. 

Because of the many complications inherent in being a military family, it is often strongly recommended that parents engaged in family legal matters seek the guidance of experienced lawyers. Please get in touch with our law offices to discuss your family law case with our attorneys today.

What Are Some Tips for Military Parents Navigating Child Custody and Co-Parenting?

Various strategies and suggestions can assist military families in child custody negotiations and disputes.

Firstly, unless there is some history of violence or abuse, we strongly recommend maintaining open and honest communication with the co-parent involved in the custody case. As the orders are received, it’s essential to keep the other parent informed of upcoming moves, deployments, or relocations. If both parents are informed, co-parenting can be made easier, and parents can prioritize the well-being of their children. 

Because of the ever-changing nature of military service, it may be necessary to review and update legal agreements and court orders routinely. A military family law attorney can help you revise custody arrangements that align with changes in circumstances and disputes over child custody. 

It is also likely necessary to regularly review and revise the logistics of visitation rights and parenting schedules.

As you look out for your children’s best interests, it is also essential to consider their educational needs. Researching new schools at new locations is crucial before relocation orders go into effect.

Remember to take advantage of available resources for military families engaged in contentious family law issues or those undergoing unforeseen changes or relocation orders. Available resources can provide valuable support, guidance, and assistance during these difficult times. 

Who is Usually Awarded Custody in a Military Divorce Case?

In a military divorce case, the question of who shall retain primary physical custody is usually based on what a family law judge deems to be in the child’s best interests. The best interest standard applies regardless of whether the parents are military personnel or civilians. 

In most cases, family law courts would prefer to grant joint custody, thus helping to foster a healthy relationship between the children and both of their parents. However, in certain cases, sole custody may be awarded instead, such as in instances where there is a history of abuse or neglect.

Child custody decisions are not allowed to be made based on the gender of the parents. 

What Are Military Family Care Plans and Why Are They So Important?

Single military parents who share custody with parents they are not married to are often obligated to create a military family care plan. These plans establish terms for who shall be the primary caregivers of the children when a military parent is on active duty or deployed elsewhere.

Your military family care plan should align with any court-ordered parenting plans, designating caregivers for the children during the military service member’s absence. It is vital that the family care plan does not contradict any court-ordered parenting plans and must always respect the rights of the civilian parent. 

A thorough family care plan should also include details about financial support, transportation arrangements, additional caregivers, and guardians who will care for the child in the event of the military parent’s death.

What is the ‘Best Interests of the Child’ Standard?

When deciding child custody, family law courts prioritize the children’s best interests above all other factors. Deciding what they believe to be in the child’s best interests usually factors in elements such as stability in the child’s life, an adult’s ability to provide adequate care, and the emotional bond between the individual child and either parent.

Military families have extra concerns, such as constant relocations or deployments, which can further complicate child custody considerations. Ultimately, the final hope is to look after the child’s welfare with well-structured parenting plans and custody arrangements. 

What is Child Custody Mediation?

Mediation is an alternative dispute resolution commonly used to resolve child custody disputes, regardless of whether the family law case involves civilians or military parents. Military families involved in contentious child custody disputes should be prepared to engage in the mediation process to reach a favorable outcome. 

Child custody legal battles can be among the most complex and emotionally difficult matters ever unfolding in American courtrooms. These disputes often require careful navigation throughout the labyrinth-like legal system. Military family members face additional challenges due to their service obligations, which can add new complexities to the child custody process. To protect your legal rights and meet your responsibilities, family law attorneys may be able to assist you throughout mediation in hopes of reaching a satisfactory common ground between the two parents.

Will Joining the Military Influence Child Custody Arrangements?

Family law courts cannot deny custody based solely on an individual’s military service. However, military service can influence child custody orders depending on the jurisdiction in the case.

Many states have adopted laws safeguarding the custody rights of military parents. Such laws prevent courts from considering a military parent’s future deployment as the sole factor in determining child custody. Instead, the courts are asked to consider how a future deployment may impact the child’s best interests. 

Contact Our Law Firm to Schedule a Case Review with Our Compassionate Legal Team Today

If you are going through a child custody dispute, you need the assistance of experienced child custody attorneys. This is true whether you are a civilian or military service member. Military parents face unique challenges in family law cases and require legal assistance capable of helping them through such challenges. Our law office has extensive experience representing the legal rights of military service members in complex family law cases. 

To learn more about the benefits of retaining our legal services, please get in touch with our law firm to schedule your initial consultation with our lawyers today. You can reach us at 913-514-0909.

What Are the Different Methods for Ending a Marriage in Kansas?

Those unhappy in their marriages have legal options for either dissolving the marital union or pausing matters until a final decision can be made. Divorce is the most well-known means of dissolving a marriage, permanently ending a marriage legally. An annulment declares a marriage null and void, as though it never happened or existed in the 1st place. Meanwhile, an official court decree of legal separation allows married couples to live separately while remaining legally entwined. 

Under Kansas law, annulments void marriages. District courts can grant decrees of annulment on any marriage based on whether the marriage was void for any reason, the marriage was induced by fraud, the contract of marriage was a mistake of fact or other reasons that a judge may use to justify the rescission of a marriage contract. 

Similarly, a divorce or legal separation must meet specific requirements before it can take effect. 

Ultimately, what type of legal method is right for you will depend on many factors, including whether you expect it to be possible to repair the marriage, questions of violence or abuse, and more. We strongly recommend working with experienced family law professionals to determine the proper action for you and your marriage.

How Does Divorce Work in Kansas?

Divorce is the final legal end to a marriage in KS. Once a divorce decree is finalized, you are no longer legally tied to your former spouse and are free to meet other people and remarry. Marital property and debts will be permanently divided, and agreements on child custody, support, and visitation rights will be written into binding orders. Divorce is a decision that should not be taken lightly and is typically only chosen in situations where both people are sure that their relationship cannot be repaired and that they are ready to move on separately. 

Selecting divorce over legal separation may also have specific tax implications and insurance effects. For instance, divorced spouses usually can no longer remain on the same health insurance plan and can no longer jointly file their taxes. However, these are minor matters, especially regarding questions like child custody, property ownership, etc. 

The court can grant a divorce on any of the following grounds: failure to perform marital duty or obligations, incompatibility due to mental illness or incapacity, and fundamental incompatibility, which falls under no-fault grounds. To file for divorce in Kansas, at least one of the spouses must have lived in the state for at least 60 days before filing divorce papers. Additionally, there is a 60-day waiting period between filing for divorce and finalizing divorce proceedings.

What is Legal Separation?

In Kansas, a legal separation is described as a court order, the decree of separate maintenance, that outlines the rights and responsibilities of a married couple as they live apart but remain legally married. Under state law, a legal separation is known as a separate maintenance action. Obtaining an official legal separation allows both spouses to resolve financial issues such as division of assets, asset ownership, spousal support, and other matters while allowing one spouse to inherit from the other spouse’s estate. 

Legal separations should be considered the ideal option for individuals whose personal values or religious beliefs prohibit them from getting a divorce and for married couples who believe that there is still a chance of reconciliation and repair. 

During a legal separation, a family law court can issue orders similar to divorce cases, such as alimony, child custody arrangements, and property division. Many married spouses opt for legal separations for personal or financial reasons. Some may wish to remain on the shared health insurance policy, others may have religious or cultural values that make separations more acceptable alternatives, and still others may not be emotionally prepared for the end of their marriages. It is also worth remembering that although a divorce is a final order, legal separations can be reversed, allowing spouses to reconcile and return to their marriages.

What Are the Key Similarities Between Divorce and Legal Separation?

Among the key similarities between a divorce and a legal separation in Kansas are the following:

• The grounds for obtaining a divorce or a legal separation are virtually identical in the state
• Legal issues relating to child custody, parenting time, child support, alimony, and property or debt division will be handled in the same fashion as seen in both divorce matters and legal separation cases

There are various pros and cons to legal separations and divorces. The advantages of legal separation include allowing the spouses to remain on the same health insurance plans, providing time for reconciliation, addressing personal or religious beliefs, and, in some instances, financial benefits. However, some of the negatives of legal separation include the lack of finality in the situation, specific financial entanglements, and legal complexity not seen in divorce cases.

What Are Some of the Major Differences Between Divorce and Legal Separation?

Among the many key differences between legal separation and divorce are the following:

• A legal separation allows married couples to live separately without dissolving their marriage in any final sense. Married couples remain legally married under separation agreements and cannot remarry while those agreements are in effect. In contrast, a divorce terminates a marriage for good, allowing the parties to remarry if they choose
• A legal separation could allow a married couple to retain healthcare insurance, Social Security, and other benefits through their spouse. When you get a divorce, most or all of those benefits will be severed
• Legal separations allow married couples to inherit from the other spouse’s estate upon the spouse’s death unless those legal rights are waived as part of the separation agreement. In a divorce, these property rights are typically terminated
• Certain debts and liabilities may remain if you are only legally separated. During a divorce, obligations and liabilities will be divided
• In a legal separation, spouses are still considered to be next of kin, allowing them to make important financial or medical decisions on behalf of the other spouse. This is not possible when divorced, as ex-spouses are no longer considered next of kin
• A divorce requires a 60-day residency requirement before filing the necessary paperwork and a mandatory 60-day waiting period before finalizing the divorce process. These waiting periods do not apply to legal separation actions

Schedule Your Initial Consultation with Our Compassionate Family Law Attorneys Today

The correct action for your family law case will depend on various factors. Usually, it cannot be decided without first speaking with experienced lawyers. 

Our law firm has extensive experience assisting clients through complex family law matters, including whether to file for divorce or a legal separation. To discuss your case in more detail, please get in touch with our law office to speak with a lawyer today.

Contact our law offices to schedule your case evaluation with our attorneys by calling us at 913-514-0909.

What Makes Military Divorces Different from Civilian Divorce Cases?

Every divorce case is difficult in its own way. Family law matters are among the most challenging, particularly emotionally, legal issues in American courtrooms. Whether your divorce is amicable or not, many legal considerations must be taken into account before things can be finalized. And where a civilian divorce can be challenging in its own way, a military divorce presents extra difficulties and complications that civilian divorces may not. 

Whether you are a military spouse contemplating filing for divorce or the civilian spouse of a military service member, it is vital to have a comprehensive understanding of the many intricacies of military divorce cases.

A military divorce, like any sort of civilian divorce, involves the legal termination of a marital union. However, when military couples decide to end their marriages, they face unique challenges that are not typically present in other divorce proceedings. These unique challenges and processes partly stem from the nature of military service, including deployments, frequent relocations, and complex legal processes.

What Are the Unique Challenges of a Military Divorce in the USA?

Among the primary factors differentiating a military divorce from any civilian divorce is the jurisdictional issue that can often arise in a military divorce. Married military couples could be stationed in different states or countries, presenting unique challenges regarding the appropriate jurisdiction for divorce proceedings. Additionally, military divorces are governed by state and federal laws, further complicating matters.

When going through a military divorce, it is essential to have legal representation experienced in handling this sort of divorce case. Contact our law firm to speak with the attorneys about your military divorce and learn the benefits of retaining our legal services.

Military Deployments

Military service deployments pose distinct complications in divorce proceedings. Service members deployed overseas can have difficulty attending necessary hearings or responding to divorce petitions.

The Servicemembers Civil Relief Act protects military members on active duty by allowing certain civil obligations to be postponed or suspended, including divorce proceedings. This law acknowledges the unique challenges of military service members and aims to alleviate the difficulties of handling the complicated legal matters of divorce. 

Military service members deployed overseas can have a difficult time navigating divorce proceedings, especially if their spouse is separated across oceans. Obtaining divorce decrees overseas can introduce new complexities, particularly if the United States of America does not recognize the foreign divorce decree. It is generally recommended that service members and their spouses file for divorce within the USA if possible.

Jurisdiction

Every state has unique requirements about who is eligible to file for divorce in that state. Because both state and federal laws bind a military divorce, you must familiarize yourself with the requirements for divorce in your state and on a federal level.

Unlike civilian divorces, where jurisdiction is usually solely based on residency, a military divorce could be filed in several potential locations, including where the spouse currently resides, where the service member is stationed, or where the service member has legal residency.

Choosing the proper jurisdiction for your divorce case is essential. State laws can potentially decide the outcome of your divorce case. Please contact our law firm for a more comprehensive understanding of the laws that govern divorce proceedings.

Default Judgments

The Servicemembers Civil Relief Act provides legal protection options to active-duty service members. One protection allows them to challenge default judgments entered against them if they cannot attend courtroom proceedings. 

If the court enters child custody or other court orders by default because of the service member’s lack of attendance, this legal protection can undo those orders, putting the issues back before the court for new arguments and evidence.

Retirement Benefits

A former spouse is not automatically entitled to the retirement pay of a military service member. A state judge must specifically award the division of military pensions and benefits as part of a divorce settlement.

The Uniformed Services Former Spouses Protection Act is crucial in ensuring the division of military benefits during divorce proceedings. The Act authorizes state courts to treat military pay as community property, allowing them to divide a portion of the military pension, pay, and benefits between spouses during divorce proceedings, so long as it is deemed fair and equitable.

Child Custody, Visitation, and Child Support

Child custody matters are influenced by unique factors that separate them from most civilian divorce cases. Deployment to a different state or country does not automatically justify a significant adjustment in child custody or visitation time. A family law court’s primary concern must always be in the child’s best interest, as it will emphasize the stability and continuity of the child’s care despite the challenges of continued military service for one or both parents. 

Spouses involved in military divorces should consider working together to develop custody and visitation arrangements that address the unique demands of their situations. However, we understand this is not always possible, and it may be necessary to consider working with attorneys and even alternative dispute resolutions such as mediation.

Child support payments are calculated per state guidelines, and both parents’ income is considered. All child support calculations follow a standardized approach, wherein the courts evaluate both parents’ financial capacity and ability to contribute to the child’s well-being, regardless of any service-related obligations.

Schedule a Consultation with Our Experienced Legal Team Today

If you are going through a military divorce, you must retain the professional legal counsel of attorneys well-versed in family law and military divorce proceedings. Deciding to go without legal representation during a military divorce is highly inadvisable, as it could put you at a disadvantage during proceedings, cost you some of your rights, and potentially result in a far less favorable divorce settlement. 

Our law firm has extensive experience representing clients in military divorce cases. Our family law attorneys pride themselves on being compassionate and understanding towards our clients and their needs.

You may reach us at 913-514-0909.

Is Your Marriage Coming to an End?

A divorce is already a tumultuous, extremely emotional, and complicated legal procedure. But when the cards aren’t evenly stacked, and there is an unfair balance of wealth, it can leave you afraid for your future.

Alimony is a way to help balance the scales. It allows a spouse who gave up their career to either support their spouse or become a stay-at-home parent to exit the marriage with the ability to maintain the standard of living they have grown accustomed to. It can help you finish your education or support you until you find employment. If your marriage was particularly long, it can even support you until you remarry or you or your former spouse pass away.

Barnds Law LLC understands how important this support is. We will help you understand your options, how alimony is calculated, and the options you have for modifying the payments.

What Types of Alimony Are There?

Alimony, also known as spousal maintenance, can be awarded in several forms depending on the circumstances of the marriage and divorce. The most common types are:

• Temporary alimony: Granted during the divorce process to help a lower-earning spouse cover their basic living expenses until the divorce is finalized.
• Rehabilitative alimony: Awarded for a limited time to allow the receiving spouse to start or complete their education, training, or work experience to become self-sufficient. This is the most commonly awarded alimony in Kansas.
• Permanent alimony: Awarded in cases involving long marriages or a spouse who is elderly or disabled and will never gain financial independence. This type is rarely awarded in Kansas.
• Lump-sum alimony: A one-time payment instead of ongoing support. It may be agreed upon in settlement negotiations or ordered by the court.

How Is Alimony Calculated In Kansas?

In Kansas, alimony is not calculated using a strict formula. Instead, the courts have broad discretion and consider a range of factors to determine whether or not alimony is warranted, how much should be paid, and for how long.

Judges typically consider the following:

• The length of the marriage, as longer marriages are more likely to result in long-term or higher alimony awards.
• Each spouse’s income and earning capacity, comparing their current earnings and their realistic ability to support themselves after the divorce.
• Age and health of each spouse, as a spouse with health issues or nearing retirement may be more likely to receive support.
• Financial needs and obligations, including monthly expenses, debts, and the standard of living during the marriage.
• Education and job skills, especially important when one spouse needs time or resources to become self-supporting.
• Contributions to the marriage, which are not always financial. Homemaking and supporting a spouse’s career or education are often considered.

There is no official calculator used in Kansas for determining alimony, so having an attorney advocate for your needs during negotiations or litigation can make all the difference.

Can You Have Your Alimony Arrangement Modified?

Alimony can be modified in Kansas, but only under certain conditions. To request a modification, the party seeking the change must show a significant material change in circumstances since the original decision was rendered. The change must be ongoing and not something that was anticipated at the time of the divorce.

Common reasons for a modification may include:

• A substantial increase or decrease in either party’s income
• A job loss or promotion
• Serious illness or disability
• The receiving spouse remarries or begins a cohabiting relationship
• Retirement, especially when it impacts the paying spouse’s income

The process of modifying alimony payments is as follows:

1. File a motion: The requesting party must file a formal motion with the court that originally ordered the alimony payments.
2. Provide evidence: Documentation supporting the change in circumstances is necessary evidence.
3. Court review: A judge will review the motion and may hold a hearing. They will decide whether to increase, decrease, or terminate the alimony.

If you feel like a modification to your alimony payments is warranted, but you are not sure where to start, an alimony attorney can help you through the process. Working together, they will determine if your circumstances have changed enough to warrant petitioning the court. If they feel like a modification is warranted, they will guide you through the petition process and help you gather the supporting evidence to build a solid claim.

Can You Request Alimony After Your Divorce Is Finalized?

In Kansas, you are generally not able to request alimony after the divorce is finalized. It also isn’t automatically addressed during divorce proceedings; it must specifically be requested. If the court did not award alimony, or you failed to request it before your divorce was finalized, then you will lose the ability to seek alimony.

If you feel like you are owed alimony for the sacrifices you’ve made for your marriage, then speaking with your divorce attorney about alimony should be a priority.

Can Bards Law LLC Help Your Alimony Case?

Our law firm has experienced divorce attorneys who are well-versed in Kansas’ alimony laws, and the best way to ensure you receive the support you need to get back on your feet after your divorce is finalized.

If you already have an alimony order and feel that your circumstances have changed significantly enough for the courts to reconsider the situation, our alimony attorneys can help you prepare.

Call 913-514-0909 to schedule a strategy session with a Barnds Law LLC alimony attorney. Don’t risk leaving your marriage unprepared. Call today to learn about your legal options.