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What Are The Common Grounds for Divorce in Kansas?

Kansas divorce laws allow both “fault” and “no-fault” divorce. When you and your lawyer are filing your divorce petition, you still must state the grounds for the dissolution of your marriage.

According to the Kansas legislature, Statute Section 23-2701, your divorce could be granted on any of the following grounds:

• You are Incompatible – This is usually found as grounds in a “no-fault” divorce.
• Incompatibility due to a mental condition or mental incapacity of either spouse (this is based on fault).
• Failure of either spouse to perform a material marital obligation or duty (fault ground).

When you and your lawyer file your Petition for Divorce, you must also serve a copy of the petition and summons to your spouse, known as the “respondent.” When your spouse gets the divorce petition, they have 21 days to respond. They have the right to file an answer, a counterclaim, or both.

However, if your spouse refuses to respond or sign your divorce petition, your experienced and knowledgeable divorce lawyer must set a date for a court hearing, at which the judge will usually enter a default divorce judgment.

This is where things can get emotionally strained and difficult. However, your experienced Overland Park divorce lawyer, skilled in this issue, will thoroughly explain your legal options and the possible steps you must take so your divorce can proceed and be finalized.

Can My Spouse Refuse to Sign Our Divorce Papers?

The simple answer is yes; they can refuse. This often happens in “contested” divorces where you and your spouse disagree on numerous important items.

Suppose your spouse doesn’t acknowledge or sign the divorce papers and contests your divorce. In that case, you will usually have a series of court appearances to resolve the contested issues and move forward fully.

This is an area where the well-honed negotiating skills of your well-versed Overland Park divorce lawyer will be invaluable to your success.

Additionally, as your lawyer will explain, if a specific period passes and your spouse still doesn’t sign or file papers on their own, you may still be able to proceed with your divorce; however, this is a tricky legal area, and contingencies are often involved.

However, you must note that if your spouse doesn’t sign the divorce decree, your divorce will not be finalized until the judge enters a default judgment. This means the judge can grant your divorce without hearing from your spouse.

However, this is not simple nor the best path to follow. Still, it may be the only way to proceed, and your Kansas divorce lawyer’s expert, knowledgeable, and empathetic advice and guidance is mandatory.

What Are Some Steps I Should Take If My Spouse Won’t Sign Our Divorce Papers?

Although more complex, finalizing your divorce in Kansas is still legally possible if your spouse resists the process.

A few of the things you and your lawyer can do if your spouse fails to respond to the divorce petition are:

• Fully complete and submit all the divorce forms needed, including supporting documentation, etc.
• Have the divorce petition legally served on your spouse.
• Ensure your divorce petition and summons are done through the court system.
• Therefore, if your spouse doesn’t respond to your petition, they could face legal penalties.
• Additionally, you can draft a proposed divorce judgment, but ensure it is as fair as possible. Your detail-oriented divorce lawyer will know precisely how to carry out this critical legal process.
• Then, a request will be filed with the Kansas court to enter a default divorce.
• The Kansas divorce court will hold a hearing, and if your spouse still doesn’t, a formal legal notice will be sent to your estranged spouse.
• During this hearing, the judge will review all the documents involved, question you if needed, and, if the court is satisfied, issue a Decree of Divorce, which will finalize the divorce proceedings.

You must note that this process can be legally complex. The proposed divorce judgment must be drafted correctly and presented to the court with complete documentation. Your lawyer will also diligently and professionally represent you during the hearing and help you achieve the best possible outcome in your divorce case.

Can I Get Legally Divorced Without Getting My Spouse’s Signature?

So, can I get divorced if my spouse doesn’t sign the divorce decree, is absent, etc.?

It can be done, but professional legal guidance is a must.

Let’s say your spouse does refuse to sign the paperwork. This happens frequently, especially if you and your spouse have been living apart for some time and may not even be on speaking terms; you certainly have legal options.

That said, it’s critically important in a divorce case such as this to precisely follow all the proper legal procedures when your petition is served, etc., and ensure that every move you make is valid and legally binding.

In most cases, if your spouse refuses to sign the divorce petition, you can get divorced. However, in this challenging legal scenario, you and your competent and experienced divorce lawyer must usually file for a contested divorce. Additionally, and in precise legal detail, you and your lawyer must go through court proceedings to resolve any issues related to property division, child custody, child support, spousal support, etc.

So, it can be done even if your spouse doesn’t sign the divorce papers, is absent, and is not even present in your life. A case like this must be discussed in detail with a passionate and highly experienced Overland Park divorce lawyer who will ensure your best interests and rights are fully protected and preserved.

My Spouse Will Not Our Divorce Papers; How Should I Proceed?

Suppose you’re trying to divorce and are facing a challenging and contentious situation with your spouse. In that case, you must have professional guidance to negotiate and provide the legal tools to resolve the situation.

When a spouse refuses to sign divorce papers, they may feel they hold all the cards; with the right divorce law team, this is certainly not the case.

Regardless of your situation, the empathetic and highly professional divorce lawyers at Barnds Law LLC will provide you with the experienced and prudent legal advice you must have at this challenging time. They will help you make the informed decisions needed and always fight tirelessly for what’s in your best interests.

Call them today at 913-514-0909 for a full consultation on your unique divorce case. They will ensure you get the best legal results possible.

How Harsh Are Kansas and Missouri Commercial Driver DUI Penalties?

Missouri and Kansas both have dire and harsh strict laws for a commercial driver when it comes to drinking and driving.

The Federal Motor Carrier Safety Administration mandates that a commercial driver’s BAC be .04 % or less. The Federal Motor Carrier Safety Regulations set this specific standard as they understand the impact and safety of commercial vehicle operations and to reduce commercial truck accidents.

These dire FMCSA regulations apply to all private owners of commercial vehicles, companies who assign drivers to commercial vehicles, and all government, church, and other organizations with vehicles on the road.

In Missouri, a first DUI offense is bad enough, but if you have a second offense, you usually are charged with a Class A misdemeanor. In this case, the court will permanently revoke your CDL.

Additionally, the DMV can order a suspension of your regular license, and you could receive up to one year in jail and more than $1,000 in fines.

If you refuse to take a breathalyzer test, you receive a three-year loss of your CDL.

Kansas has much stricter laws for commercial drivers starting from their first commercial vehicle DUI conviction. For a first-time DUI, you usually will receive a nonperson Class B misdemeanor and could face up to six months in jail. Even a first offense commonly results in a suspension of a non-commercial driver’s license for a year.

Second-offense DUI commercial penalties are significantly harsher and usually get you a Class A nonperson misdemeanor charge.

So, as a commercial driver, you must always remember that Kansas and Missouri have some of the direst consequences for a commercial DUI conviction in the nation. Therefore, if you get charged with a DUI in either state, the professional, knowledgeable advice and guidance of a highly experienced criminal DUI lawyer is mandatory.

What Are Examples of Penalties for a Commercial DUI Conviction?

As a commercial driver in Kansas (and Missouri), you are under greater scrutiny than a standard vehicle operator, and even your first commercial vehicle DUI offense, without qualified and knowledgeable professional help, can result in the following charges:

• A full 90-day suspension of your non-commercial license.
• Up to, and commonly, a one-year CDL suspension or three years if you’re transporting caustic materials.
• Possibly six months of jail time.
• Also, up to $500 or more in fines.

Additionally, if you have a second offense, you will usually face a Class A misdemeanor, and the court will usually permanently revoke your CDL license.

Additionally, depending on the circumstances, the DMV can suspend your regular license, and you will receive up to one year in jail and high fines.

If you refuse a breathalyzer test, you will immediately suffer a three-year loss of your CDL.

In Kansas, the penalties for first-time offenses are already severe enough. Still, second-offense penalties are significantly more consequential, and you usually always will be charged with a Class A nonperson misdemeanor.

A charge such as this would result in:

• A lifetime revocation of your CDL.
• Up to a year in jail with a minimum of 90 days in custody.
• Fines up to $1,750, and more depending on your case’s specifics, plus other legal costs.
• Possible loss of your non-commercial license if your BAC is over .08%

So, these are already severe charges and penalties, but there are also cases when, as a commercial driver, you can be charged with a DUI even if you are not driving your vehicle. Usually, these charges are due to you being under the influence of alcohol or other substances.

For example:

• If you are sitting in the driver’s seat of your commercial vehicle and are intoxicated.
• If you are sleeping in the front seat of a commercial vehicle and the keys are in the ignition

What Immediate and Long-Term Consequences Can I Face?

In most cases, commercial drivers who are charged with a DUI face immediate administrative penalties.

The Kansas Department of Revenue will rapidly suspend your CDL, even before you are convicted of the charge. This rapid enforcement deeply underscores the zero-tolerance policy for impaired commercial driving and the risk it imposes on other road drivers.

A DUI conviction carries severe consequences for a commercial driver and can even end your career. In addition to the legal penalties, such as fines, jail time, mandatory education, etc., the loss of your CDL is devastating to you and your loved ones.

This is why, as soon as you are charged with a DUI, you must seek professional, educated, and empathetic legal counsel so you can get ahead of your charges before your entire future is irrevocably damaged.

As a Commercial Truck Driver, Is There Anything I Can Do If I Get a DUI in Kansas?

As a commercial truck driver in Kansas, you’re probably aware that you operate under a microscope of stringent regulations and heightened expectations.

The ramifications of getting a DUI charge are incredibly severe and extend beyond the immediate legal consequences you may face, as it could be a career-ending event. Due to the gravity of the situation, there are critical steps you must take to navigate this precarious landscape.

Given your high stakes, securing experienced, pre-emotive, and highly qualified legal representation is mandatory. Your thorough and well-versed criminal DUI lawyer, specializing in DUI and CDL cases, will provide invaluable guidance from the start of your case. For example, they will navigate the complexities of administrative hearings, challenge the state’s evidence, protect your constitutional rights, and work tirelessly to develop a robust defense strategy to preserve your CDL license and livelihood.

You don’t have time, so getting the professional legal help you need must be done quickly.

I’m a Commercial Driver in Kansas and Got a DUI Charge; How Should I Proceed?

The dire and extensive criminal weight of a commercial CDL DUI conviction always means significant setbacks if you work driving on the road to earn your living. Even your first violation means a year off work and, most likely, further difficulty finding a job. Two convictions and your livelihood as you now know it may be gone.

Additionally, any less severe diversion actions available to everyday licensed drivers that avoid trials or sentencing for DUI charges are illegal for CDL holders. Simply put, there is hope for keeping your CDL license if you have professional legal representation that fights and wins your case.

The criminal defense DUI lawyers at Barnds Law LLC take enormous pride in passionately pursuing justice for commercial drivers who have been charged with a DUI. They know what this means to you and your family and have the extensive knowledge and resources to mount a solid, in-depth, and winning defense.

Call them today at 913-514-0909 for a full consultation on your case and get the top-notch, empathetic legal representation you need to get back on the road and earn a living.

Can the Courts Change Spousal Support Maintenance Amounts After a Divorce?

Yes, courts in Kansas can make changes to alimony payments, which are called maintenance payments in the state. They can do this even after the divorce has been finalized, but there are limitations to what courts can change without the agreement of both parties.

Can the Court Increase Maintenance Amounts After a Divorce?

Yes, the court can increase maintenance amounts. However, it can only do so after a hearing and notification to the person liable for paying the support, which gives that person a reasonable amount of time to accommodate any change. The court can also not increase maintenance requirements beyond the original divorce decree without the consent of the person who is liable for paying it.

Can the Court Decrease Maintenance Amounts After a Divorce?

The court is freer to make changes to spousal support maintenance orders that reduce the amount one person has to pay. In these cases, the court can do so following a hearing on the matter, and it does not need the liable person’s consent.

What Steps Should You Take to Seek a Change in Maintenance Support Payments?

There are many reasons you may want to seek a change in maintenance support payments through the court. Perhaps you are the spouse who is making alimony payments, and you believe that circumstances have changed for you, your ex, or both parties that may necessitate a change. Or, you might be the person who receives alimony payments and you find that they are no longer enough to meet the needs they were intended for.

No matter the reason you are seeking a change in maintenance payments in Kansas, some of the steps below may be relevant.

Discuss the Matter With Your Ex

If you and your ex have a civil relationship and have successfully cooperated on matters such as maintenance payments, property division, and child custody in the past, you may want to start by having an honest conversation about maintenance payments and your needs or expectations. Because the process is easier if both parties are in agreement, approaching your ex directly may help speed up any potential change in maintenance payment.

Come to an Agreement and File It With the Court, if Possible

If you can come to an agreement with your ex, you can file a petition to have the court order the changes you agreed upon. This can be especially helpful if you are seeking to increase maintenance payments for any reason, as the court can’t order it without the consent of the other party anyway.

Petition the Court for a Change

In some cases, individuals may not feel comfortable approaching their ex to discuss a change in maintenance payments. This can be true whether you’re seeking to reduce the payments you make or want to ask for more support. Perhaps your divorce was contentious and you and your ex-spouse do not work well together. Or, perhaps you feel like your ex is taking advantage of you, and you don’t feel that talking to them directly about the matter will be fruitful.

In these types of cases, you may want to petition the court for a change in maintenance payments without first talking to your spouse. Know that if you are seeking an increase in payments, however, proving the need to the court won’t necessarily result in success, as the other party will need to consent to increased payments, too.

Gather Documents to Make Your Case

Gather documents to make your case. Some types of documents that can help back up your argument in favor of a change in maintenance support payments include:

• Income documents. Tax returns, paycheck stubs, and other documents that show how much you make can help show why a change in maintenance may be appropriate. You may also need to request income statements and relevant documents from your ex.
• Expense documents. You may need to demonstrate how your expenses have changed over time, especially with regard to necessary things such as housing, food, or medical care. You can do this with documents such as bank statements, bills, and receipts. Again, you may also need to request this type of documentation from the other person.

Work With Experienced Family Law Attorneys

Seeking a modification of spousal maintenance payments after a divorce is finalized is possible. However, it’s not a simple matter, and the court is limited as to the actions it can take in some of these cases. If you believe a modification is in order based on changes to your income or any other factor, a good first step is to talk to an experienced family law team.

Attorneys who are experienced in spousal maintenance orders can provide you with guidance about what might be possible in your case. They can also work with you to create a compelling case for a change or negotiate on your behalf with your ex’s attorney if there is a potential that you may be able to come to an agreement about new maintenance payment amounts.

To get started with the alimony modification process, contact Barnds Law, LLC, by calling 913-514-0909. Our team will work to understand your case and help you take action that is in your best interests.

What is Child Support?

According to the Kansas Supreme Court, child support is monetary support used to pay for and provide for the needs of a child, regardless of where that child resides. The child’s needs include all direct and indirect expenses that are related to the everyday care and well-being of the child.

Direct expenses cover fixed expenses paid directly to a third party, such as school, recreational activities, or sports. The necessary supplies required to support such activities are also included as direct expenses.

Indirect expenses are fees associated with benefits to the child but that are not paid expressly for their personal needs. Examples of indirect expenses include food, transportation, housing, and utilities. Indirect expenses are usually the responsibility of each parent within their own home and are not shared.

Who is Responsible for Paying Child Support?

It is the legal responsibility of both parents to support their child financially. In most cases, the custodial parent or the parent with primary residence receives child support from the other parent.

What is Child Support Income?

To determine each parent’s child support income, each gross income is considered, and then certain adjustments are made. To calculate gross income, the following monetary contributions are considered:

For salaried parents:

• Bonuses and commissions
• Overtime and extra pay
• Vacation pay
• Military or National Guard pay
• Disability payments
• Worker’s compensation
• Retirement distributions

Self-employed parents include the income from their business after deducting reasonable business expenses, which are not necessarily the same as expenses deducted for tax purposes. Any payments received regularly and periodically are also included in gross income totals for self-employed parents.

For salaried and self-employed parents, gross income does not include child support payments for children from a separate relationship or public assistance based on familial need. Gifts and other inheritances are also typically not included.

Income may be imputed when a parent is underemployed, voluntarily unemployed, or refuses to provide proof of income. Income will be imputed by a court with the following considerations:

• Employment and earning history of the parent
• Prior income of the parent
• The parent’s ability to work
• Other factors include job skills, employment opportunities within the community, health, and the parent’s age.

After gross income and deductions for both parents are determined, the net child support obligation will be calculated with a child support worksheet.

What Other Factors Influence Child Support?

Kansas family courts make decisions with the child’s best interests in mind. To do this, the court will consider several key factors to ensure a reasonable support order and to account for the unique circumstances of each case. Such factors include:

• The gross income of each parent
• The number of involved children
• The custodial arrangements
• Healthcare and childcare costs
• Educational expenses
• Any special needs of the child
• The cost of travel for visitation

What Adjustments are Considered for Child Support Totals?

While the support obligation calculated serves as a starting point, legal guidelines allow for several adjustments. Some adjustments are mandatory under specific circumstances, while others are at the judge’s discretion.

Adjustments for Parental Time

The courts recognize that any significant time spent with a child by the noncustodial parent will result in money being spent on purchases typically made by the custodial parent. In this case, a judge may choose to reduce the noncustodial parent’s owed support based on one of the following:

• Parenting time formula: This formula stipulates that if a child spends more than 35% of the time with the noncustodial parent, then the judge can adjust the amount of support based on parenting time, which does not include time spent at school. The formula specifies that a 10% reduction is necessary when 35-39% of parenting time is spent with the noncustodial parent, a 20% reduction when 40-44% of parenting time is spent with the noncustodial parent, and a 30% reduction when 45-49% of parenting time is spent with the noncustodial parent.
• Actual cost adjustment: This adjustment is based on the increased costs incurred by the noncustodial parent for the additional parenting time and the savings of the custodial parent.

For parents with equal or shared parenting time:

• Equal parenting formula: One parent is responsible for paying all of the child’s direct expenses while the other parent’s obligations are adjusted to account for these expenses.
• Shared expense formula: This formula requires parents to keep records and cooperate to share all of the child’s direct expenses.

Adjustments for Health Insurance and Child Care

Kansas guidelines allow for the following costs to be added to the total child support obligation as long as they are considered reasonable:

• Premiums for the health, dental, and vision insurance of the child
• Child care necessary for a parent to work or seek employment

The parent responsible for paying these expenses will receive a credit for their support obligation.

Adjustment for Low-Income Parents

An “Ability to Pay” calculation is used to ensure that noncustodial parents are able to meet basic needs when support obligations are made. The amount listed in the federal poverty guideline for a single-person household is subtracted from the parent’s support income. If the amount calculated is less than the support obligation, then the judge will decide on a support amount that is in the best interest of the child.

Do I Need an Attorney?

If you have questions regarding child support payments or plans, we are here to help you. We are ready to fight with you for the needs, prosperity, and financial stability of your child. Call Barnds Law LLC at 913-270-0505 or fill out a contact form for a consultation.

What is Paternity in Kansas?

Under Kansas law, married couples assume the role of presumptive parents to any children they have. Unmarried couples, however, must pursue the legal establishment of paternity because the child’s father is not automatically considered the legal father. Establishing paternity grants the father legal rights to the child.

How is Paternity Established for Unmarried Fathers?

An unmarried couple can establish paternity in two ways. One way involves both parents signing a voluntary acknowledgment of paternity (VAP). Another is to have a judge adjudicate or decide the question of paternity after a lawsuit has been filed.

VAP Form

The simplest way to establish paternity is for the parents to sign a VAP form at the hospital at the time of the child’s birth. A VAP form may also be signed after birth at the office of a physician treating the infant. For this process, both parents must read, understand, and agree to the form, then sign and date the form with a witness present. After this occurs, the father’s name can be added to the birth certificate.

If the father chooses not to sign a VAP form at the time of the child’s birth, then his name will not be added to the birth certificate. If the father later decides to establish paternity, then the father and the mother must complete the Paternity Consent Form for Birth Registration. This form is available until the child turns 18 years old. However, a judge or hearing officer must also sign this form.

Both parents have the initial right to request genetic testing to ensure that a child is biologically related to the father. If a VAP is signed, both parents are agreeing that the proposed father is the biological father, regardless of DNA testing. This means that both parents agree to share and accept the financial responsibility of their child and that they have custodial and visitation rights that can only be repealed by a court of law.

A VAP form should not be signed if any of the following apply:

• The mother was legally married to a different man at the time of the birth or within 300 days of the child’s birth.
• The mother is separated from a different man but not legally divorced when the child is born.
• The man is unsure if he is the biological father.

Adjudication

Kansas law offers guidance on the establishment of paternity during the following situations:

• An unmarried mother seeks child support.
• The state seeks past due or current child support or reimbursement for medical debt.
• An unmarried father seeks to prove biological relation to the child to establish parental rights.

A paternity claim can be brought before a judge by the child, the mother, a government official, or the presumed father. The case will be heard in the district court of the county where the parties reside.

All parties have the option to settle the case or to go to trial. During a trial, a judge will decide whether the presumed father is the legal and biological father of the child. If a judge finds that the presumed father is the actual father, then a final paternity judgment will be issued, finalizing the establishment of paternity. The father’s name will then be added to the birth certificate. The court will also decide matters of financial obligations and custody arrangements.

Other ways a judge may decide paternity without the use of genetic testing include:

• Evidence of intercourse between the mother and presumed father during the period of conception
• The statistical probability of the presumed father’s paternity
• Genetic testing based on the statistical probably of the presumed father’s paternity
• Medical or other anthropological evidence that relates to the presumed father’s paternity based on testing
• Testimony, notes, or records from a physician regarding the circumstances of the pregnancy and the child’s condition or characteristics at the time of birth.
• Other evidence that is relevant to the issue of the paternity of the child

What is the Importance of Establishing Paternity?

Establishing paternity is important for the child, the mother, and the father for the following reasons:

Importance to the child:

• Establishes a relationship with both of the parents
• Receives financial help, shelter, and support from the father
• Gains access to medical insurance and other benefits
• Eligibility for Social Security and veteran’s benefits
• Leans of familial history
• Grants access to personal information, such as medical history and health concerns
• Eligibility for inheritance
• Ability to sue for harm or death on behalf of the father

Importance to the mother:

• Shares custody with the father
• Establishes child support arrangements
• Shares parental responsibilities and rights
• Shares financial obligations associated with the child’s care
• Allows for parenting time

Importance to the father:

• Shows care for the child
• Encourages participation in the life of the child
• Gains legal rights to the child
• Recognition as the legal father of the child
• Entitlement to seek custody or parental time
• Allows for the inclusion of the child in medical and other insurance coverage

What Rights and Responsibilities Come with Paternity?

Establishing paternity means that a father is acknowledging a legal obligation to a child. After paternity has been proven, child support and custody will either be discussed and agreed upon by both parents or determined by a judge. Legally, a portion of both parents’ income must be set aside for the child.

The State of Kansas uses several criteria to determine child support amounts, such as:

• The income of both parents
• The overall needs of the child
• The time spent with the child by each parent

Do I Need an Attorney?

When your child’s needs and interests are involved, you need reliable legal representation. Call Barnds Law LLC at 913-270-0505 or fill out a contact form for a consultation.

What is Considered Assault and Battery?

In the State of Kansas, assault and battery are two separate crimes despite being closely related. Assault is when a person knowingly or recklessly places another individual in reasonable fear of immediate bodily harm. Battery is defined as knowingly inflicting bodily harm to another person in a reckless manner or physical contact with another person that is done in a rude, insulting, or angry fashion.

What are the Types of Assault and Their Penalties?

Three distinct types of assault are recognized under Kansas law. They are simple assault, aggravated assault, and aggravated assault of a law enforcement officer.

• Simple assault: This form of assault occurs when an individual has a reason to believe that unwanted physical contact is imminent. It is considered a Class C misdemeanor and is punishable by up to 30 days in jail and a $500 fine.
• Aggravated assault: Aggravated assault occurs when a person reasonably fears physical contact and a deadly weapon, such as a knife, gun, etc, has been shown. This form of assault is a Level 7 person felony and is punishable by up to one year in prison and a $100,000 fine.

Aggravated assault of a law enforcement officer: This occurs when a law enforcement officer reasonably fears bodily contact and a deadly weapon, such as a knife, gun, etc, has been shown. It is considered a Level 5 person felony and is punishable by up to three years in prison and a $300,000 fine.

What are the Types of Battery and Their Penalties?

Under Kansas law, two separate types of battery are recognized: simple battery and aggravated battery.

• Simple battery: Simple battery occurs when harm is intentionally caused to another person in a reckless manner. It is considered a Class B misdemeanor and is punishable by up to six months in jail and a $1,000 fine.
• Aggravated battery: This type of battery occurs when great bodily harm is inflicted on another person with intent. Aggravated battery also occurs when bodily harm is inflicted with the use of a deadly weapon, such as a knife, firearm, car, etc. It is considered a Level 4 person felony and is punishable by up to three years in prison and a $300,000 fine.

Imprisonment and other punishments for both aggravated assault and aggravated battery felonies are contingent on prior criminal history and other circumstances of the event. The felony sentencing system in Kansas observes Level 1 as the most serious and Level 10 as the least serious.

Additional punishments for these crimes may include probation, the Community Correctional Services Program, Conservation Camp, house arrest, a work release program, and alcohol and drug counseling.

How Can the Law Work in Your Favor?

Based on the accepted and formal definitions of assault and battery, each element of the definition must be proven, which can be the basis of a defense argument. This means that the keywords “knowingly” or “recklessly” must be established.

For an assault charge, the defendant must “knowingly” place another person in reasonable fear of immediate harm. To act “knowingly” means to be aware that the offending conduct is reasonably certain to cause fear of harm.

For a battery charge, the defendant must “knowingly or recklessly” inflict harm to another person or “knowingly” physically contact another person in a way that is rude, insulting, or angry. To act “recklessly” means to consciously disregard the risks of an action that greatly differs from the way in which a reasonable person would act in a similar situation.

The defense attorneys at Barnds Law LLC will be able to leverage these definitions with the circumstances of a case to the benefit of their client.

What are Common Defenses Used in Assault and Battery Cases?

Several possible defenses exist for assault and battery cases. The appropriate defense will depend on the circumstances of the crime and the knowledge of the defense attorney. Possible defenses include:

• Self-defense: A claim of self-defense can be made if the defendant reasonably believes that force is necessary to protect themselves from imminent danger.
• Defense of others: Similar to self-defense, defense of others can be claimed if the defendant believes force is necessary to protect others from imminent danger
• Consent: If a person voluntarily consents to a particular act, then, in most cases, a crime did not occur. An example of consent in this instance would be a tackle football match in which an injury occurs in a non-malicious way.
• Mistaken identity: This defense is effective if proof is available that the accused individual was not the person who committed the crime.
• False allegations: In instances where the accuser has intent or motive to lie or have inconsistencies in their story, a defendant can benefit.
• Insufficient evidence: This can occur when the prosecution lacks the evidence necessary to prove guilt beyond a reasonable doubt.
• Lack of intent: Lack of intent includes proof that the defendant did not intend to cause fear or bodily harm.
• Lack of a deadly weapon: This defense requires evidence supporting that no deadly weapon was used during the assault or battery.
• No offensive contact: This argument is based on establishing that the contact would not be considered offensive, angry, or rude to a reasonable individual.

Do I Need an Attorney?

If you or a loved one are facing assault and battery charges, you need legal help you can depend on. Call Barnds Law LLC today at 913-270-0505 or fill out a contact form for a consultation.

What is Kansas Guardianship and Who is it For?

A guardian or a conservator is an individual legally appointed by a Kansas family law court to act in the best interests of a child or an impaired individual. The person under the care of the legal guardian is known as the ward. As a guardian, the individual will legally manage their ward’s health, safety, physical welfare, and financial stability. Conversely, a conservator is responsible only for looking after their ward’s financial well-being. In Kansas, a guardian and a conservator can be the same person. In most families, parents have the legal right to maintain a child’s physical and emotional well-being. However, due to unforeseen circumstances like death, child custody disputes, and allegations of neglect, it may become necessary for family law judges to step in and appoint legal guardians to take over.

If a disabled individual or a minor child requires legal protection from harm or imminent danger, a family law judge may deem it necessary to grant guardianship to another adult. Additionally, guardianship may be called upon in situations where both parents or those with custody pass away or in cases of child abandonment. Additionally, if a child does not obtain adequate care because of the parent’s criminal activities, lack of resources, or physical or mental impairment, it may be necessary to grant guardianship to another adult.

What Does Guardianship Do?

When a court appoints a guardian, they grant that person the legal authority to make crucial decisions on behalf of a child or an otherwise impaired adult. The legal guardian becomes the individual responsible for ensuring the child’s physical and emotional needs are being met and looking after their basic needs like housing, clothing, food, and health care. The legal guardian will advocate for their ward and exercise their legal rights when important decisions must be made.

In Kansas, a court-appointed guardian may also be granted the authority to manage the finances and the estate of the minor children or disabled adults. As the guardian, they are entrusted to always act in good faith and in the best interests of their wards.

Who is Eligible to Be a Guardian in Kansas?

In most family law cases, blood relatives and other family members or close family friends are selected to be legal guardians. Kansas courts frequently appoint grandparents, siblings, aunts, uncles, and other close family members as guardians. However, there are certain situations and circumstances where it may not be possible for a family member to act as a legal guardian, in which case a family law judge may have to look elsewhere. The state of Kansas partners with other programs to recruit volunteers willing to act as guardians for impaired adults and minors in need.

The parents are encouraged to name who they want to act as legal guardians for their minor children in their last will and testament. Failure to name a guardian in your will could result in the state making the decision for guardianship on your behalf. If you wish to ensure that the intended individual takes on the responsibility of guardianship, complete a last will and testament naming the designated individual today.

What Are the Different Types of Child Custody?

Kansas has several different types of child custody arrangements. However, there is no such thing as ‘full custody.’

Joint legal custody allows both parties to have some say in the major decisions in their children’s lives. These may include the child’s education, religious upbringing, health care, social activities, and more. With joint legal custody, both parents will have equal access to medical and school records. Kansas courts prefer joint legal custody over sole legal custody.

In cases of sole legal custody, the parents with primary custody do not need to consult with the other parent about important life decisions for their children. While both parents have equal access to school and medical records, the custodial parent is granted more legal rights.

Divided custody refers to a child living with one parent and another child living with the other. Each parent would then have visitation rights with the child in the other parent’s custody. This type of child custody is only used in rare cases.

In short-term circumstances, the courts may order non-parental custody if they believe that parents are unfit to provide care for the child or that the child needs care from a different adult. One example of non-parental custody is to grant a guardian or a grandparent custody of a child.

How is Child Custody Affected by Guardianship?

If parents have custodial relationships with their children, family law courts are unlikely to appoint a legal guardian. However, a court may deem it necessary to appoint a guardian if they believe doing so is in the child’s best interest. One exception to the rule is if a custodial parent becomes incapacitated. In such cases, the appointment of a legal guardian may become necessary.

What Legal Decision-Making Authority Do Guardians Have?

Child custody usually relates to either physical custody or legal custody of a minor child, and guardianship generally relates to the legal relationship of one party to act in the best interest of their ward. Guardians are typically entrusted only to control the day-to-day life decisions of the minor child.

Does Guardianship Override Parental Rights?

The mere fact that a minor child has a legal guardian does not mean that the parents have no parental rights. After the courts appoint a guardian, a custodial parent may still continue to have child custody rights. Even in cases where the parents do not have physical or legal custody, they may have a court order that grants them the ability to visit with their child.

Is Guardianship Temporary?

Parenthood is a permanent status unless parental rights are terminated. Guardianship, on the other hand, is temporary. Court orders begin and end guardianship, and in some cases, it may even have an expiration date.

Schedule a Strategy Session with Our Family Law Attorneys Today

Guardianship is a complex legal matter. If you feel that a guardian is challenging your parental rights, or if you are the guardian looking out for the best interests of a child in need of adult supervision and care, it is important that you retain professional legal counsel from experienced family law attorneys. Our Kansas-based law firm has extensive experience representing clients in complicated family law cases, including those involving child custody and guardianship disputes. To learn more about our legal services, we encourage prospective new clients to schedule an initial consultation with our legal team today.

You can schedule your strategy session by calling us at 913-514-0909.

What is Alimony?

Following a divorce, a family law judge may award alimony to one of the spouses. Alimony, also known as spousal support or spousal maintenance, allows both ex-spouses to maintain a certain standard of living that they had previously enjoyed during the course of their marriage. The goal of alimony payments is to help aid the spouse who earns less money to obtain financial independence. There are a few different types of alimony in Kansas, including temporary alimony, short-term alimony, and long-term alimony. Alimony may be paid either in a lump sum payment, periodically or during monthly payments, or a percentage is taken out of the paying spouse’s earnings.

Historically, men made up the majority of the spouses paying alimony. But now, more women are in the workforce, and sometimes women make more than men. Either individual, regardless of gender, may petition the court for alimony payments. Similarly, spousal support payments can be awarded in same-sex marriages.

It is possible to avoid paying alimony if you can prove that your ex-spouse does not require financial support to maintain a standard of living. For legal assistance in your divorce proceedings and alimony negotiations, please get in touch with our law firm to schedule an in-depth case evaluation today.

Is Alimony Automatic in Kansas?

Alimony is not automatic in a divorce case. Several factors must be weighed to determine the necessity of alimony payments.

If you believe that your spouse should not get alimony or that you do not have the funds necessary to provide it, contact our law firm for legal assistance.

How is Alimony Determined and Calculated in Kansas?

Alimony awards are calculated based on what a family law judge deems to be fair, just, and equitable. Unlike other states, Kansas does not have specific laws or methods for calculating what is a fair alimony agreement. Each family law court has the discretion to determine on its own what it believes to be equitable and will review several different factors, such as the financial resources of either spouse, to determine how much alimony should be awarded.

What Factors May Affect Alimony Awards?

Kansas does not have specific statutes outlining what family law judges should review to determine alimony payments in divorce cases. However, certain common factors are reviewed in most cases.

These may include:

• A spouse’s contribution to the education or career of the other spouse during the course of the marriage
• Child support or child custody obligations
• Either spouse’s contributions to marital property and the marriage at whole
• Family ties
• Special needs
• Standards of living enjoyed by each spouse during the marriage
• The age of each spouse
• The conduct of the spouses during marriage
• The independent separate financial resources of either spouse
• The length of the marriage
• The number of years that a spouse has been absent from the job market and the reason for this absence
• The personal property owned by either spouse
• The physical and mental health of either spouse
• The present and future earning capacity of the spouses
• The question of whether the paying spouse is able to meet their own needs and also pay financial support
• The time and ability required by either spouse to secure training or education required to obtain future employment

Does the Length of a Marriage Affect Alimony Payments?

In addition to affecting the division of property during a divorce case, the length of a marriage it may also influence the court’s decisions when determining spousal support or alimony. When determining the amount of alimony and the duration of alimony payments, a court will likely look at the length of the marriage and the historic economic disparity between the spouses during the marriage.

In long-term marriages, especially those characterized by economic disparity between the spouses, family law courts are more likely to order the wealthier spouse to pay alimony to the lesser-earning spouse for a certain period of time. In most cases, the longer the marriage, the longer the duration of alimony awarded.

In mid-length marriages, alimony may be awarded. However, the alimony award will likely be limited in duration. Alimony awards are less likely to be awarded in short-term marriages. However, when appropriate, a family law judge may deem it necessary for the higher-income spouse to provide spousal maintenance to the lower-income spouse for a short period.

What is the Maximum Length of Alimony?

In Kansas, there is a maximum length of time for alimony payments to continue. The longest time that alimony payments can be awarded is 121 months in Kansas. Once the 121 months have passed, the supported spouse may file for a reinstatement of alimony. If the court awards the reinstatement of alimony, the reinstatement cannot last for another 121 months.

However, if the spouses agree to terms for alimony payments together, they may develop different guidelines for spousal support, including going past the 121-month limitation.

Do You Need the Legal Representation of an Attorney?

If you are going through a divorce, it is highly recommended that you work with experienced divorce and alimony attorneys for experienced legal counsel. Without legal representation, you run the risk of the lawyers for the other side taking advantage of your position and you facing an unfortunate divorce settlement.

Our law firm is experienced in Kansas family law and can help you seek the most satisfactory outcome for your divorce case. This may include negotiations for more suitable alimony payments for either yourself or your soon-to-be ex-spouse. To learn more about our legal services, don’t hesitate to get in touch with our law office to schedule your initial consultation today.

Schedule a Strategy Session with Our Alimony Lawyers Today

Barnds Law is a Kansas-based law firm dedicated to providing compassionate and aggressive legal representation to our clients. If you have been married for a long time, you are more likely to need to provide alimony payments from one spouse to the other. As your legal representatives, our lawyers can help negotiate better terms in the alimony Agreement.

To learn more about how we may assist you during this difficult time, please contact our law offices to schedule an in-depth strategy session with our attorneys today. You may contact us at 913-514-0909.

How Does International Adoption Work?

Adoption can be a great and magical way to build a family. However, the adoption process can be complicated, lengthy, and costly. Thankfully, there are several options for hopeful adoptive parents seeking to bring children into their lives. In addition to domestic adoption, several consider international adoption as a means to adopt a child. But how does international adoption work? And what of the legal challenges?

International adoption allows you to adopt a child from another country through permanent legal ways and bring that child to your country to live with you on a permanent basis. After adopting a child, you will need to take care of various post-adoption requirements. Such requirements may include acquiring United States citizenship for your adoptive child, submitting post-placement reports, and complying with all reporting requirements.

For legal assistance with the international adoption process, it is highly recommended that you work with an attorney experienced in the practice area. Please contact our law firm for legal guidance throughout the international adoption process.

What is the Hague Convention?

International adoption, which is also known as intercountry adoption, can be accomplished in multiple ways. Perhaps the most common means for international adoptions is via the Hague Adoption Convention. This convention refers to an international treaty that ensures the protection of all parties involved in the international adoption process. Protected parties include the adopted child, their birth parents, and any adoptive parents.

In early 2008, the United States of America partnered with other countries to implement The Hague Convention process. According to the procedure, participating countries decide on an official central authority for the process. In the United States, the Department of State has the purpose of acting as the official central authority.

The Hague Convention and Protection of Children and Cooperation and Respect of Intercountry Adoption looks to protect children and their fundamental rights, as well as prevent the exploitation of children and the trafficking of children.

For countries that have signed on to The Hague Convention, there are a set of standards and procedures for international adoptions. The United States strictly adheres to Hague Convention standards for any adoption occurring between the US and any other signatory country.

What Are the Eligibility Criteria for Adoptive Parents in Kansas?

Each state across the nation has different requirements for parents hoping to adopt a child. Domestic adoption requirements will vary depending on where you live. International adoptions have many of the same similar requirements as most domestic adoptions, including marital status, age, income and financial assets, criminal background checks, and stability of home environment. However, certain countries may have additional requirements. For example, LGBTQ married couples may not be permitted to adopt a child from a country where LGBTQ people do not have the same equal rights.

In general, the international adoption requirements include the following:

• You must be a U.S. citizen
• Married couples must adopt their child unanimously
• Unmarried couples and individuals must be at least 25 years old to adopt a child
• Biometrics such as fingerprinting must be completed
• There must be a home study and criminal history checks

What is the Importance of International Adoption Agencies?

An international adoption agency will be the most important partner in your corner throughout the complicated adoption process. Choosing an international adoption agency in Kansas could very well be one of your first decisions in the official process of adopting a child from another country.

When looking for an agency to assist you throughout the process, it is important that you find agencies with notable experience, honesty about fees, availability outside of typical business hours, risk protection programs, and caseloads that are not overbearing for each individual social worker.

A few of the international adoption agencies worth considering in Kansas include American World Adoption, Christian Family Services, and Holt International.

How to Prepare for the International Adoption Process?

Before beginning the process, it is wise to prepare yourself. Getting a head start on legal matters and other concerns could be the difference between a successful adoption and a failed attempt.

Plan for financial obligations, including how you are going to cover the costs of the international adoption. Additionally, consider building a support network. They say it takes a village to raise a child, and whether or not you believe that, you better believe that you can’t do it on your own. Finally, educate yourself on what it might take to raise a transcultural family.

What Are Some of the Challenges of International Adoption?

There are several challenges, both legal and otherwise, that hopeful parents may face when going through the international adoption process.

First, it is important for you to understand that you will likely not be able to adopt a newborn child. Those looking to adopt newborns may be better suited to considering domestic adoption options.

Depending on where you are adopting the child from, it is possible that you may not receive much, if any, information about the child prior to the adoption. Information that you may be missing out on could include information about the child’s parents, family history, and medical history.

One of the requirements to successfully complete an international adoption is that you will need to travel to the country you’re adopting from. This not only adds an expense, but it adds time and other complications to the adoption.

Some countries have specific guidelines that are strict and may restrict your ability to adopt a child from that country. For example, certain nations require adoptive parents to live in the United States for a certain period before finalizing the adoption, other countries have age restrictions, and some countries do not allow single parents or LGBTQ couples to adopt.

Institutional issues are also a concern. If your foreign-born child was placed into an institution, it is important that you be prepared for potential consequences, such as developmental delays, emotional trauma, and attachment issues.

Finally, it is worth remembering that many children from other countries may have special health needs. From mental health concerns to cleft palates, there may be additional medical issues that you need to be aware of when adopting a child from another country.

International adoptions may have additional legal concerns that are not present in domestic adoptions. For example, each country will have particular requirements and adoption laws. Additionally, within that country, there may be different provinces or regions that have their own adoption laws. Your international adoption must follow all laws.

Schedule a Consultation with Our Law Firm to Discuss International Adoptions Today

The question of whether or not international adoption is right for you and your family comes down to a case-by-case basis depending on your individual needs and family goals. International adoptions can take longer, cost more, and be more legally complex than domestic adoptions, but they can be just as rewarding. For more information about the international adoption process, it is highly recommended that you retain professional legal counsel from an experienced attorney. Our legal team has extensive experience representing clients in international adoptions, and we would be proud to represent your interests as you hope to build a family here in the United States.

To learn more about our legal services, please contact our law office to schedule a case evaluation today. You can reach us at 913-514-0909
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