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How Are Assets Divided During a Divorce?

During a divorce, the State of Kansas uses the equitable distribution rule to divide assets between both spouses. Equitable distribution means that assets are divided equally, but not necessarily 50/50. Only marital property is subject to equitable distribution, and it is considered to be all tangible and monetary assets acquired during the marriage. Separate property, or property that was owned by either party prior to marriage, usually stays with its original owner.

What are Examples of Marital and Separate Property?

Examples of marital property include but are not limited to:

 

• Income earned by either party during the marriage

 

• Homes, vacation properties, rentals, or other real estate acquired during the marriage

 

• Retirement accounts or pensions funded during the marriage

 

• Vehicles, furniture, art, or other tangible items purchased during the marriage

 

• Investments and business ventures developed during the marriage

 

Examples of separate property may include but are not limited to:

 

• Property owned by one party before the marriage

 

• Inheritances received by one party, even if received during the marriage

 

• Gifts given to one party

 

• Personal injury awards received by one party

 

• Assets documented as non-marital in a prenuptial or postnuptial agreement

 

The distinction between marital and non-marital property may become blurred, classifying the property as commingled. An example of commingled property would be if a home that was owned by one party prior to marriage becomes the family home, and both parties use marriage funds and time to maintain the home.

What Factors Determine How Property is Divided?

In the absence of a prenuptial or postnuptial agreement, a couple may draft their own settlement agreement. If it is fair to both parties, a judge is likely to approve of it. 

 

Otherwise, a judge may decide on equitable division by:

 

• Awarding assets according to ownership or use

 

• Awarding one party property and the other a sum of equal monetary value

 

• Ordering that property be sold and the profits divided

 

A judge may consider the following factors when dividing assets:

 

• The length of the marriage

 

• The age and health of both parties

 

• Both parties’ present and future earning capacity

 

• The effect of debt division and tax consequences for both parties

 

• Other legal issues, such as child support and spousal support

 

Kansas is a no-fault divorce state, meaning that fault by either party does not have to be proven for a divorce decree. However, a judge may consider marital waste or contribution to the demise of the marriage during property division. For example, if marital funds were used for an extramarital affair, the judge may compensate the innocent party by using the property of the guilty party.

How Does a Prenuptial or Postnuptial Agreement Offer Protection During Divorce?

The best way to protect business assets is through a prenuptial or postnuptial agreement. These agreements are contracts signed either before or during the marriage that include how property is to be divided in the event of a divorce. Additionally, these agreements may include:

 

• Each party’s rights and obligations regarding joint and separate property

 

• Each party’s ability to buy, sell, use, transfer, or control property

 

• What happens to assets upon separation, divorce, death of either party, or other event

 

• Whether alimony will be paid to either spouse and the amount

 

For a prenuptial or postnuptial agreement to be legally enforceable, it must be in writing and signed by both parties. Both parties must be of legal age and possess the mental capacity to understand and create the contract. 

 

While it is not necessary to hire a lawyer to create this contract, it is a good idea to review the document with an attorney to ensure it is fair.

 

The agreement should list each party’s assets and debts. While disclosure of these items is not mandatory, a judge may invalidate the agreement if the parties fail to disclose their full financial status truthfully.

What is a Business Valuation?

When a business is considered a marital asset that is to be divided, the Fair Market Value of a party’s business or party’s shares of a business must be determined. A business valuation compares the business’s assets and liabilities, including real and personal property owned by the business, all cash, accounts receivable, equipment, supplies, and other tangible assets.

 

A business’s goodwill may even be valued as an asset, especially in professional practices. The goodwill value is included in the overall valuation to the extent that the business is saleable. 

 

A detailed forensic evaluation may be required to determine the true value and income. When this occurs, the value of the business will be determined by reviewing profitability, tracing cash streams, determining ownership interests, valuing investments, valuing stock held in trust, identifying deferred compensation or retained profits, and identifying and capturing passive earnings. 

 

Once the business or business share has been valued, the asset will be divided. Some options for dividing or maintaining the business include:

 

• Buy-out: One party may buy the shares from the other party

 

• Sale: The business can be sold, and the proceeds divided between both parties

 

• Paycheck: If only one party wishes to maintain the business, the other party may be given a salary or paycheck as compensation

 

• Co-ownership: Both parties may choose to continue co-ownership of the business

How Can Assets be Protected Before a Divorce?

It is important not to wait until a divorce is in progress to decide how business assets will be handled. Precautionary measures to protect assets include:

 

• Prenuptial or postnuptial agreements

 

• Operating agreements

 

• Limitations on the involvement of a spouse

 

• Salary arrangements

 

Do You Need an Attorney?

If you are a business owner facing divorce, you need immediate legal help from whom you can depend. Call Barnds Law LLC today at 913-514-0909 or fill out a contact form to schedule your strategy session.

How are Controlled Substances Classified?

To better understand drug crime defenses, we must first learn how drugs are classified and how crimes are penalized. The State of Kansas categorizes controlled substances into five categories, with Schedule I drugs considered the most addicting and Schedule V drugs the least addicting.

 

• Schedule I: drugs such as heroin, MDMA, mescaline, LSD, marijuana, and psilocybin

 

• Schedule II: drugs such as opium, morphine, oxycodone, cocaine, carfentanil, meth, and fentanyl

 

• Schedule III: drugs such as ketamine, GHB, pentobarbital, and anabolic steroids

 

• Schedule IV: drugs such as Ambien, Valium, Ativan, and Rohypnol

 

• Schedule V: drugs such as cough suppressants or other medicines that contain low doses of codeine or other narcotics

What is Possession of a Controlled Substance?

Possession of a controlled substance occurs if the person in possession has the ability and intention to control it. Police and prosecutors prove criminal possession of a substance in three ways:

 

• Actual possession: The accused individual has physical control of a substance, meaning that the person has it on their body and can control it.

 

• Constructive possession: The controlled substance is not physically on the person but found on or around their property. To prove constructive possession, there must be evidence that the accused individual knew of the drug’s presence and was able to control it. More than one person may be charged with constructive possession of the same drug.

 

• Shared possession: Occurs with the establishment that the accused individual had partial control of the drug if the drug is being shared.

 

Possession of a controlled substance is categorized and punished as follows:

 

• Possession of narcotics, opiates, amphetamine, or methamphetamine: Drug severity level 5 felony, punishable by up to 42 months of prison and a fine of up to $100,000

 

• Possession of Schedule I-V drugs, not including marijuana: Possession of most drugs begins as a class A nonperson misdemeanor. A second violation is penalized as a drug severity level 5 felony. The increased felony does not apply if the drug in possession is a Schedule V drug.

 

• Possession of Marijuana:

 

• First conviction: class B nonperson misdemeanor, punishable by up to six months of jail and a fine of up to $1,000

 

• Second conviction: class A nonperson misdemeanor, punishable by up to one year of jail time and a fine of up to $2,500

 

• All subsequent convictions: Drug severity level 5 felony, punishable by up to 42 months of prison and a fine of up to $100,000

 

• Possession of drug paraphernalia and toxic vapors: it is a class B nonperson misdemeanor to unlawfully:

 

• Use or possess with intent to use drug paraphernalia to ingest drugs.

 

• Possess, by, use, smell, or inhale toxic vapors intending to cause stupefaction or alter the senses of the nervous system.

 

• Drug possession in vehicle: Driver’s license suspension of up to one year if convicted of unlawful drug possession occurring in a vehicle.

 

Other consequences for drug possession charges may include:

 

• Fines and court costs

 

• Probation or parole

 

• Community service

 

• Loss of driver’s license

 

• Criminal record

 

• Difficulty finding employment or housing

How is Drug Possession With Intent to Distribute Penalized?

If a person is in possession of 450 grams or more of a controlled substance, then the law recognizes that as an amount to distribute or to sell. A first-time conviction of possession with intent to distribute may warrant imprisonment of up to 17 years or longer if the following allegations are true:

 

• In a school zone

 

• Crossing state lines

 

• Took drugs to the airport, on bus, train, or boat

 

• The mailing system is used

 

• Gang involvement

 

• Sex crimes

What are the Charges for Drug Manufacturing?

If a person is making or is believed to be making controlled substances, then they will likely face a manufacturing charge. During an investigation, law enforcement will be looking for ingredients or equipment used to manufacture. This charge can apply to:

 

• Growing Marijuana

 

• Mushrooms

 

• Meth labs

 

• LSD

 

• GHB and more

Manufacturing is charged as a level 1 or level 2 felony with up to 25 years of imprisonment.

Is Consent Required to Search Personal Property?

The Fourth Amendment of the United States Constitution protects individuals from unreasonable search and seizure practices. Law enforcement needs a warrant or probable cause to search a vehicle or other personal property. 

 

Typically, an officer cannot search personal property without consent unless there is probable cause. If a person is pulled over for a routine traffic stop, an officer cannot perform a search unless verbal permission is provided or if they have reason to believe there are illegal substances in the vehicle. Possible probable cause reasons include the following:

 

• The officer sees the drugs or paraphernalia in plain view.

 

• The officer has a reasonable belief that the person is involved in criminal activity or possesses evidence related to a crime.

 

• There is a noticeable smell of drugs coming from the vehicle.

 

• A K-9 dog alerts to the presence of drugs in the vehicle.

 

Evidence that is disposed of during a stop or arrest may be obtained without consent or probable cause.

What Other Defenses may be Used for Drug-Related Crimes?

The specific defense that is best suited for a case should be discussed with an attorney. Every case is different. Possible defenses are based on the unique circumstances or events that transpired during the arrest and detainment and include:

 

• Lack of culpable mental state

 

• Lack of evidence

 

• Improper search, stop, or seizure

 

• Miranda warning violation

 

• Not my drugs

Do I Need an Attorney?

If you or a loved one have received drug-related charges and are wondering about possible defenses for your case, call Barnds Law LLC at 913-514-0909 or fill out a contact form to schedule your strategy session today.

What is Guardianship?

Guardianship pertains to the personal and medical well-being of a dependent person. A guardian is responsible for deciding the living arrangements, healthcare, and general welfare of the ward. The arrangement is necessary for individuals who cannot care for or make these decisions for themselves.

What are the Powers of a Guardian?

Kansas Law outlines the duties, responsibilities, powers, and authorities of guardians in a general overview.

A guardianship is a legal mandate petitioned to protect an impaired individual or ward. A guardian must manage a ward’s personal health, safety, and welfare. A guardian’s duties are separate from those of a conservator, but both are subject to the court’s control and discretion.

The court order, which depends on the circumstances and capacities of the ward, will explain the specific details of guardianship, including the duties of the guardian.

What is the Difference Between a Guardianship and a Conservatorship?

As stated, a guardianship is a court-appointed caretaker who oversees the ward’s day-to-day life and needs. A conservatorship, however, focuses only on the individual’s financial affairs.

A key difference between the two is the scope of responsibility. A guardianship primarily deals with the personal and medical care of the individual by ensuring they reside in a secure environment and receive adequate medical care and support. A conservatorship is responsible for financial matters, such as paying bills, managing investments, and protecting assets, because its main focus is maintaining the financial health and security of the ward.

The second main difference between conservatorship and guardianship is that guardians have the legal authority to make personal and healthcare-related decisions on the ward’s behalf, such as choosing where the individual will live, medical consent for treatments, and other decisions impacting the ward’s life. A conservatorship’s decision-making ability is only enforceable regarding the finances of the ward. Their job is to ensure all financial obligations are met, but they cannot make personal or healthcare decisions unless they are also the appointed guardian.

Who is Eligible to File for Guardianship?

The role of a guardian is vital, and the person who is appointed this title must be capable and trustworthy. Eligibility for the role of guardian is taken very seriously to uphold these standards. 

 

To file for guardianship of a minor, the proposed guardian must meet the following criteria:

 

• The guardian must be a legal adult who is 18 years of age or older and must demonstrate an ability to make sound decisions and manage the responsibilities associated with guardianship.

 

• A background test is required that ensures the proposed guardian has no history of abuse, neglect, or exploitation of vulnerable persons, including through criminal records and past legal involvement.

 

• The court usually prefers direct family members to be appointed guardians of the child due to their personal connection and understanding of the ward’s needs. However, non-relatives may also be appointed if they demonstrate significant concern for the child’s well-being and can act in the child’s best interest.

 

A guardian is subjected to speculation regarding potential conflicts of interest that may impair their ability to act in accordance with the ward’s needs.

 

Kansas family courts are ultimately responsible for making the final decision to appoint a guardian. They consider the candidate’s suitability based on the minor’s specific needs and circumstances.

 

Specific training or orientation may be required for guardians to ensure that they are well prepared for their duties and to understand their legal and ethical considerations better. 

What are the Types of Guardianships?

Kansas recognizes many types of guardianship. It is important to speak with an elder law attorney at Barnds Law LLC to ensure the best possible outcome for your case.

 

• Standby Guardianship: This option allows a ward to have a person appointed to take over care in the event of the current guardian’s death, illness, resignation, or other unforeseen circumstances. 

 

• Co-guardianship: There are times when an appointed guardian is someone other than the appointed conservator. When two people are appointed to oversee an individual’s care, they work together to make decisions and provide care for the ward’s health, well-being, and financial security. 

 

• Temporary guardianship: A temporary guardianship is appointed when there is an imminent threat to the ward’s health or safety.

How is a Temporary Guardian Appointed?

A temporary guardian may be requested at the same time or after the petition for guardian. When this occurs, an ex parte hearing is conducted, and a guardian may be appointed pending the regular hearing. A temporary placement order can be made at the temporary guardianship hearing

A petition for temporary guardianship may be necessary if it appears there is imminent danger to the ward’s physical health or safety and that they may be seriously injured unless action is taken. The proposed ward or interested party may petition the court currently conducting the proceedings for guardianship for the emergency appointment of a guardian.

A temporary guardianship may not have the extensive duties of the long-term guardian but will likely be limited to the ability to make arrangements for the care of the ward and to protect their safety and comfort.

A temporary guardianship cannot last longer than 30 days but may be periodically extended by the court until the hearing on long-term guardianship, at which point it will automatically expire.

Do I Need an Attorney?

Guardianships are legal arrangements meant to protect society’s most vulnerable members. They are not to be taken lightly or left to inexperienced discretion. If you have questions about guardianships, call Barnds Law LLC at 913-514-0909 or fill out a contact form to schedule your consultation.

What Are Diversion Programs?

Diversion programs offer alternative sentencing paths aimed at steering first-time offenders away from the conventional criminal justice system. Rather than undergoing a trial and potentially serving jail time, eligible participants can complete a program centered on rehabilitation and education. These programs are particularly advantageous for drug-related offenses, often incorporating elements like drug education classes, community service, and routine drug testing.

In Kansas, the availability of diversion programs is generally determined by the prosecutor’s office. This means not all offenders qualify, and the program’s terms can vary widely based on the case’s specific details. Factors such as the offense’s seriousness, the offender’s criminal history, and their readiness to meet the program’s conditions all influence eligibility.

Diversion programs typically involve mandatory drug education classes, community service, and regular drug testing. These components aim to tackle the root causes of criminal behavior, such as substance abuse, and equip offenders with the tools to prevent future infractions. Successful completion of these programs can lead to charge dismissal, enabling individuals to avoid a criminal record that might hinder future employment, housing, and educational opportunities.

These programs represent an opportunity for individuals to make amends without the long-term consequences of a criminal conviction. In many cases, participants receive education on the underlying causes of their behavior, such as addiction or poor decision-making, which empowers them to make positive changes in their lives. The programs often require a personal commitment to self-improvement, fostering accountability and reducing the likelihood of reoffending. Beyond avoiding a criminal record, successful completion can instill valuable life skills, benefiting participants and the community as a whole.

How Do Diversion Programs Operate?

Once deemed eligible for a diversion program, individuals must agree to conditions set by the prosecutor. These often include attending drug education classes, performing community service, and undergoing regular drug testing. The objective is to address the underlying issues that led to the offense and prevent future criminal behavior. For example, drug education classes aim to provide a deeper understanding of substance abuse and its impacts. Similarly, community service fosters a sense of responsibility and community connection.

Participants usually pay a fee to enroll, which varies based on jurisdiction and case specifics. They may also need to attend regular meetings with a probation officer or counselor to ensure compliance. Successful program completion results in charge dismissal, allowing individuals to move forward without a criminal record.

Benefits of Diversion Programs

Diversion programs offer numerous benefits to both offenders and the community. For offenders, the primary advantage is avoiding a criminal conviction. A criminal record can severely impact employment, housing, and educational opportunities. Completing a diversion program helps individuals avoid these negative outcomes and work toward a brighter future.

From a community perspective, diversion programs reduce the burden on the criminal justice system by decreasing trial cases. This enables courts to focus on more serious offenses and alleviates jail and prison overcrowding. Additionally, by addressing the root causes of criminal behavior, diversion programs can lower recidivism rates, leading to safer communities.

In addition to avoiding a criminal record, participants in diversion programs often experience personal growth. Drug education classes can illuminate the risks and impacts of substance abuse, while community service connects offenders with meaningful opportunities to give back. These programs not only support rehabilitation but also foster stronger, safer communities. For families, diversion programs reduce the emotional and financial strain that a criminal conviction can impose, creating a more supportive environment for recovery and change.

Who is Eligible for a Diversion Program?

Eligibility for a diversion program in Kansas depends on several factors, including the offense’s nature, the offender’s criminal history, and their willingness to comply with program requirements. Generally, first-time offenders charged with non-violent drug offenses are the most likely candidates for diversion.

Factors taken into consideration may also include the drug’s type and quantity, any aggravating circumstances, and the offender’s behavior post-arrest. A knowledgeable attorney can assess your situation and determine if a diversion program is viable. An attorney can also negotiate program terms and ensure your rights are protected throughout the process.

What Are the Consequences of Failing to Complete the Program?

Failing to complete a diversion program can have serious consequences. If an offender doesn’t comply with program terms, the prosecutor may reinstate the original charges, potentially leading to a trial and conviction. This highlights the importance of taking the program seriously and adhering to all requirements.

Common reasons for failing a diversion program include missing scheduled meetings, failing drug tests, or not completing community service hours. Communicate with program administrators and seek assistance if you’re struggling to meet program demands. In some cases, the court may be willing to work with you to address issues and help you get back on track.

Failure to meet the requirements of a diversion program not only reinstates original charges but may also lead to additional legal consequences, such as probation violations or heightened scrutiny for future offenses. Legal representation can be particularly helpful in these instances, as an attorney can negotiate adjustments to program terms or advocate for second chances where appropriate.

How Can an Attorney Help?

An experienced attorney can be invaluable in understanding and participating in a diversion program. They can provide guidance on eligibility, negotiate favorable terms, and ensure your rights are protected throughout the process.

If you’re a first-time drug offender in Kansas considering a diversion program, call Barnds Law LLC today at 913-514-0909.

When Does a DUI Become a Felony in Kansas?

In Kansas, a DUI is elevated to a felony under specific conditions. Generally, a third DUI offense in a person’s lifetime is considered a felony. Additionally, if the DUI incident results in serious injury or death, it can also be charged as a felony. Penalties for a felony DUI may include hefty fines, prolonged license suspension, and imprisonment.

Can I Avoid Jail Time for a Felony DUI Conviction in Kansas?

Facing a felony DUI conviction in Kansas can be overwhelming due to the state’s strict DUI laws and severe penalties, including potential jail time. However, by understanding Kansas DUI laws and exploring legal strategies, it may be possible to lessen the impact of such a conviction.

What Legal Strategies Can Help Avoid Jail Time?

Plea bargaining is one strategy that might help avoid jail time. This involves negotiating with the prosecution to lessen charges or penalties. For instance, an experienced lawyer could negotiate an agreement where the defendant admits guilt to a reduced charge, such as a misdemeanor DUI, in exchange for a more lenient sentence. This could potentially reduce or eliminate jail time, though other penalties such as probation, community service, or mandatory substance abuse programs may still apply.

Another approach is to challenge the prosecution’s evidence. This might involve questioning the reliability of breathalyzer or blood test results, the legality of the traffic stop, or law enforcement procedures. If the defense can demonstrate that the evidence is flawed or was unlawfully obtained, the charges could be dismissed or a not guilty verdict could be rendered.

What Are the Consequences of a Felony DUI Conviction?

A felony DUI conviction in Kansas has serious repercussions beyond possible jail time. Financially, you might face substantial fines, which can strain your finances. Additionally, a felony conviction might lead to the suspension or revocation of your driver’s license, significantly affecting your ability to commute to work or manage daily tasks.

How Does a Felony DUI Affect Employment and Housing?

The social and professional impacts of a felony DUI conviction can be significant. Having a felony on your record can restrict employment prospects, as numerous employers perform background checks and might hesitate to employ individuals with a criminal past. Having a felony on your record might impact your chances of finding housing, since landlords frequently check the criminal backgrounds of prospective renters.

What Are the Long-Term Implications of a Felony DUI?

Beyond immediate consequences, a felony DUI conviction can impact your reputation, relationships, and overall quality of life. Take proactive steps to address the charges and seek legal advice to minimize the impact on your future.

Are There Alternative Sentencing Options for a Felony DUI?

In certain situations, alternative sentencing options may be available for those convicted of a felony DUI in Kansas. These alternatives can offer a way to avoid or lessen jail time while still holding the individual accountable for their actions.

What is Probation and How Does it Work?

One alternative is probation, which permits the person to fulfill their sentence within the community while being monitored by a probation officer. Probation typically involves following specific conditions, such as abstaining from alcohol, attending counseling or treatment programs, and regularly reporting to the probation officer. Breaking these terms may result in further consequences, such as imprisonment.

Can Treatment Programs Serve as Alternatives to Jail?

Enrolling in a drug or alcohol rehabilitation program is another alternative. These programs aim to address the underlying reasons for an individual’s substance abuse and provide support throughout their recovery process. Successfully completing a treatment program can demonstrate to the court a commitment to rehabilitation and may result in a reduced sentence.

Is Community Service an Option?

Community service is another possible alternative to jail time. This involves completing a certain number of hours of volunteer work in the community. Community service can be a way to give back to the community and show remorse for the offense.

What Should I Do if I Am Facing a Felony DUI Charge?

In Kansas, if you’re dealing with a felony DUI accusation, move quickly to safeguard your rights and construct a solid defense. Begin by seeking advice from a seasoned DUI lawyer who can navigate the legal proceedings and represent your interests effectively.

How Important is Gathering Evidence?

Gathering and preserving evidence is also essential. This includes obtaining copies of police reports, witness statements, and any other relevant documentation. Your attorney can help you identify and collect this evidence, which can be crucial in building a strong defense.

Why is Compliance with Court Orders Crucial?

Additionally, comply with any court orders or conditions of release. This may include attending court hearings, refraining from alcohol or drug use, and adhering to any other conditions set by the court. Failing to comply with these conditions can result in additional penalties and complicate your defense.

How Can Support Systems Help?

Finally, consider seeking support from family, friends, or a support group. Facing a felony DUI charge can be a stressful and overwhelming experience, and having a strong support system can provide emotional and practical assistance as you navigate the legal process.

How Can an Attorney Help Me with a Felony DUI Charge?

Engaging a skilled attorney is crucial when facing a felony DUI charge. A knowledgeable lawyer can provide invaluable assistance by navigating the complexities of the legal system and advocating on your behalf. They can evaluate the specifics of your case, identify potential defenses, and develop a strategic plan tailored to your circumstances.

What Role Does an Attorney Play in Examining Evidence?

An attorney can also help by scrutinizing the evidence against you. This includes examining police reports, witness statements, and any video footage from the arrest. They might identify procedural errors or violations of your rights that could weaken the prosecution’s case. For example, if the arresting officer did not have probable cause to stop your vehicle, any evidence obtained during the stop might be inadmissible in court.

How Can an Attorney Assist in Negotiating Plea Deals?

Furthermore, an attorney can negotiate with the prosecution to seek a favorable plea deal. They can leverage their understanding of the law and their relationships within the legal community to advocate for reduced charges or alternative sentencing options. This might involve proposing a diversion program, where you complete certain requirements like attending alcohol education classes or undergoing treatment, in exchange for avoiding jail time.

If you’ve been convicted of a DUI, call Barnds Law LLC today at 913-514-0909.

How Are Assets Divided in a High-Conflict Divorce?

Navigating the intricacies of a contentious divorce can be daunting, especially when it involves the distribution of assets. In Overland Park, Kansas, courts use the “equitable distribution” approach to allocate marital property. This doesn’t always mean a 50/50 split but suggests a fair distribution based on several considerations. By understanding these elements, you can be well prepared.

What Happens to My Business in a High-Conflict Divorce?

Having a business can complicate the division of assets during a difficult divorce. If you own a business in Overland Park, Kansas, and are going through a high-conflict divorce, you may be worried about how the court will treat this significant asset. The initial step is to determine if the business is marital property. It is likely considered a marital asset if it was started during the marriage or marital funds were used for its growth.

Once identified as marital property, the business needs to be valued. This often requires hiring a financial expert to conduct a business valuation, considering the company’s assets, liabilities, income, and market conditions. The court will subsequently determine an equitable way to allocate the business or its worth between the partners. Possible solutions involve one partner purchasing the other’s portion, selling the enterprise and dividing the profits, or continuing joint ownership if both individuals are able to collaborate.

How Does the Court Handle Retirement Accounts in a Divorce?

Retirement accounts frequently rank among the most significant assets in a marriage, and splitting them can be notably intricate. In Kansas, retirement accounts like 401(k)s, IRAs, and pensions are considered marital property if contributions were made during the marriage. The court will apply the same standards used for other marital assets to determine a fair division of these accounts.

A Qualified Domestic Relations Order (QDRO) is generally required to split retirement accounts. This legal document instructs the retirement plan administrator on dividing the account according to the court’s order. Mistakes in handling QDROs can lead to significant tax consequences or penalties.

For instance, if a couple has a 401(k) funded during their marriage, the court may decide to split the account equally. However, if one spouse has a pension plan that will provide future income, the court might award a larger share of other assets to the non-pension-holding spouse to balance the division.

How Are Debts Divided in a High-Conflict Divorce?

In Kansas, any debts taken on during the marriage are considered marital, no matter whose name is listed on the account. The court seeks to distribute these debts fairly, using the same criteria applied to dividing assets.

For example, if one spouse took out a loan to start a business that both parties benefited from, the court might decide that both spouses should be responsible for repaying that debt. On the other hand, if one spouse incurred credit card debt for personal expenses without the other’s knowledge or consent, the court might assign that debt solely to the responsible party.

While the court can order one spouse to pay a particular debt, creditors are not bound by divorce decrees. This means that if both spouses’ names are on a debt, such as a mortgage or car loan, both remain legally responsible for it in the eyes of the creditor. Work with an experienced attorney to ensure that debt division is handled correctly and to protect your financial future.

What Should I Know About Child Custody and Support in a High-Conflict Divorce?

Child custody and support are often the most emotionally charged aspects of a high-conflict divorce. In Overland Park, Kansas, the courts prioritize the child’s best interests when making custody determinations. The court will evaluate aspects like the child’s age, health, emotional connections with each parent, and each parent’s capability to offer a stable environment.

How Are Hidden Assets Discovered in a High-Conflict Divorce?

In some high-conflict divorces, one spouse may attempt to hide assets to avoid sharing them with the other party. This can complicate the asset division process and lead to prolonged legal battles. Fortunately, there are ways to uncover hidden assets and ensure a fair division.

During the discovery phase of a divorce, both parties are required to disclose their financial information, including income, expenses, assets, and debts. This process often involves exchanging documents such as tax returns, bank statements, and investment account records. If you suspect that your spouse is hiding assets, your attorney can employ various strategies to uncover them.

For example, a forensic accountant may be hired to analyze financial records and identify discrepancies or unusual transactions that could indicate hidden assets. Subpoenas can also be issued to obtain information from third parties, such as banks or employers. Additionally, depositions may be conducted to gather testimony under oath from your spouse or other individuals who may have knowledge of the hidden assets.

Uncovering hidden assets requires a thorough understanding of financial matters and legal procedures. A skilled attorney can ensure all assets are accounted for and equitably divided.

How Can an Attorney Help Me in a High-Conflict Divorce?

Engaging a skilled attorney can be invaluable when navigating the complexities of a high-conflict divorce. A lawyer can offer advice on navigating the legal system, clarify your entitlements, and represent your interests in a courtroom setting. Additionally, they can help collect and arrange the essential paperwork needed to bolster your case, including financial documents, valuations, and expert witness statements.

In situations where conflict is intense, emotions often escalate, hindering clear thinking and rational decision-making. A lawyer can act as an intermediary between you and your partner, managing discussions and negotiations to alleviate stress and tension. They can also assist in considering alternative dispute resolution options, like mediation or collaborative divorce, which tend to be less confrontational and more economical compared to conventional court proceedings.

An attorney can also help you develop a strategy for asset division that aligns with your goals and priorities. Whether you’re concerned about protecting your business, securing your retirement, or ensuring a fair division of debts, an attorney can provide the legal knowledge and negotiation skills needed to achieve a favorable outcome.
If you are facing a high-conflict divorce, call Barnds Law LLC today at 913-514-0909.

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.