Kansas Covenant Marriage

February 25, 2010

Last week the House passed an amendment to HB 2667 (see Section 52 – 59) approving covenant marriages.  First, what is a covenant marriage?  This is an agreement that you make at the time of obtaining your marriage license that you and your spouse agree to be bound by the laws of covenant marriage, which means that you will receive counseling before getting married, and if you experience marital difficulties, you will make all reasonable efforts to preserve the marriage, including counseling.  If you decide you want to get divorced, you can only get divorced under certain grounds.  The reasons for divorce include one spouse had committed adultery; been convicted of certain crimes, including murder or rape; or had abandoned the other spouse.   Divorce can also be granted if couples have lived apart between one and two years depending on circumstances.

What does this REALLY mean?  In my opinion, it means that there are going to be a lot of unhealthy, unhappy families remaining married simply because they signed a covenant marriage agreement.

Kansas is currently a no-fault divorce state.  Divorce is ugly enough, it is nice to not have fault as a factor in the divorce.  I understand the idea of preserving families and the sanctity of marriage, however, I do not think an additional counseling session and check in the box for a covenant marriage is the answer.

One positive side to this covenant marriage is that you have to agree to enter into a covenant marriage.  The default will still be the Kansas no-fault divorce under irreconcilable differences.  You may want to think long and hard before entering into a covenant marriage because I do not have one client that has ever said to me that when they got married they were planning on getting divorced.  Divorce in a no-fault state is not easy, it is still a devastating, emotional and expensive event in two people’s lives, why make it more difficult?

By Shea Stevens Posted in Uncategorized Comments (0)

Kansas Divorce and Religion

February 24, 2010

A man in Chicago is facing 6 months of jail time for getting his daughter baptized.  What??  Well, of course, it is not that simple, but what you must know is this:  The parents of the minor child are currently involved in a divorce, and there is a 30 day Temporary Restraining Order restricting Dad from taking the daughter to church, exposing the child to anything other than the Jewish religion.   There are many issues regarding parenting, however, one main argument is the minor child’s religion – Mother is Jewish, Father is Catholic.  Although Father converted to Judaism prior to getting married, he never stopped practicing Catholicism.

The full transcript of an interview with the Father can be found here.

Yes, this case is in Illinois, and yes, this is an extreme case, but what you must take from this case is the following:

1. Do not take the Judge’s Order’s lightly.  When involved in a divorce, if a Judge enters Orders, these Orders must be followed or else you will be faced with either civil contempt or criminal charges.

2. Religion is as major of a decision as the children’s health.  You cannot make unilateral decisions regarding any of these major issues.  They must be agreed upon and if not agreed upon, you must follow the Judge’s orders.

3. If you decide to raise your children during the marriage as a certain religion, likely the Court will allow the minor child to continue to be exposed to that religion.

The next hearing is March 3rd.  I am interested to see what comes out of this case.

By Shea Stevens Posted in Child Custody, Children Tags: , Comments (0)

2010 Changes to Kansas Child Support Guidelines

February 2, 2010

The Kansas Supreme Court has approved changes to the Kansas Child Support Guidelines effective January 1, 2010. The majority of the Guidelines remain the same, however, there are three updates have been made to the guidelines, two concerning the establishment of medical support obligations and one including the 2009 and 2010 tax schedules.

Medical support obligations

The changes concerning the medical support obligations were made necessary due to amended federal regulations, CFR Sec. 303.31 – Securing and Enforcing Medical Support Obligations. The Court made every effort to keep the updates to the Guidelines as simple as possible while bringing the Guidelines up to date with the new federal regulation. This was accomplished by updating Section III.B, General Instructions, Applications by adding a new section 10 – Birth Expenses. The application of this change will generally only affect parties who have children and are not married, most likely in a paternity suit, or parties divorcing who have a large amount of debt associated with the birth a child. The new section 10 reads as follows: 10. Birth Expenses If a judgment for birth expenses is awarded, the presumed amount is the parent’s proportionate share as reflected on line D.2 of the Worksheet. If a parent’s proportionate share of the birth expenses is more than 5% of the parent’s gross annual income projected over five years, the parent may request deviation from the presumed amount.

Health, Dental and Optometric Expenses Another change in response to CFR 303.31 was made to 4. Health, Dental, Orthodontic, and Optometric Expenses (Line D.4) a. The change requires the parents to determine what is the actual cost of insurance for the child or children.   This has been applied by courts for some time now.  Many parents want to put the full cost to them on the child support worksheet.  Just because health insurance for your family costs $250 out of your paycheck, this does not mean you get to deduct the full $250.  You only get to deduct the amount that it costs to cover the children.  Therefore, you must determine the cost for covering you as a single person and subtract this from the cost to cover you and your children.

2010 Tax schedules The third change was new Federal Income Tax Factors extending the current tables from 2008 to 2010. A copy of Administrative Order No. 216, amended November 17, and a strikeout version of the amended guidelines can be found at here.

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Domestic Violence Deaths Up in Kansas

December 17, 2009

A news station in Wichita, Kansas recently reported on a story involving domestic violence in Kansas.  The statistics were sobering.  In 2009, Kansas saw a record number of deaths as a result of domestic violence.  45 people (32 adults and 13 children) have died as a result of domestic crimes, the highest number in two decades.  Click here for the full story.  Domestic violence tends to increase during times of economic turmoil and stress during the holidays.  If you know someone who needs help, please refer them to the Kansas Resources for Domestic Violence.

By Shea Stevens Posted in Domestic violence Tags: Comments (0)

Flat fee divorces – are they really a good deal?

December 11, 2009

As mentioned in previous posts, and on the uncontested tab at the top of this page, the Law Office of Shea Stevens, LLC, offers flat fee divorces to those clients meeting the uncontested divorce profile.  What is a flat fee?  The flat fee is an all inclusive fee; it includes the filing fee, copies, faxes, postage, meetings, emails and court appearances. Some clients think the hourly fee is a better deal because they don’t like the thought of paying me for too much time.  However, the hourly fee is just that.  You pay me an hourly fee for my time (I bill in six minute increments), plus you pay for all other expenses.

The flat fee I offer is a very reasonable deal.  I set the fee based upon your current situation, such as if there are kids involved, real estate, retirements, debt and other assets.  I discuss the fee with you and also inform you of my hourly rate so you can choose what route would be the best for you economically.   If you have additional questions I would be happy to discuss them with you.

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The effect your Kansas Divorce Attorney may have on your divorce

December 4, 2009

I have posted previously about the “style” of your divorce attorney.    This post goes a bit deeper into how your attorney may effect the process, cost and outcome of your divorce.  There are some attorneys who have reputations, and their reputation as an aggressive, tough, or smart attorney will get them clients who feel that they need a “bulldog” divorce attorney so they don’t get taken to the cleaners.  If you find out your spouse has hired a “bulldog”, then you too will feel compelled to hire the same style of attorney so you yourself don’t get the short end of the stick.  Folks, this is absolutely the wrong approach here.  This may sound cliche, but I use it daily: A divorce is a problem to be solved, not a battle to be won.  When choosing an attorney, I suggest for you to think about the following, and really determine if a “bulldog” is truly who you want representing you.

1. No one wins in a divorce.  No one loses in divorce.  You both have lost your marriage.  Divorce is not about winning and losing.  Most divorces are settled through agreements made between the parties and their has to be a great deal of compromise from each side.

2. Over 90% of divorces do not go to trial.  Why would you spend a lot of extra money on an attorney who is a trial expert?  Focus on the negotiating skills of the attorney.

3. Kansas has a 60-day waiting period before your divorce can be final.  Why would you hire an attorney that averages 12 – 18 month long divorces?  Admittedly, some complicated divorces, high assets, family owned business, inheritance, etc., may take more time.  However, the average divorce should not take one year to complete.  You want an attorney that works on helping you learn to communicate better with your spouse, cope with the changing dynamics and assist you in making decisions that will lessen the negative impact on you, your children and their well-being.

By Shea Stevens Posted in Divorce Attorney Comments (0)

Is My Kansas Divorce Uncontested?

November 23, 2009

Let’s not focus on the actual term, let’s focus on you and your spouse.  While the common term is “uncontested”, some may call it amicable, no-fault, quick, fast, easy, etc.  It is easier to answer this question if we focus on what is going on between you and your spouse in order to determine if your case meets the profile for our firm as an “uncontested divorce”.

1. do you both want a divorce?

2. do you both want your divorce to be resolved amicably, without the use of a Judge?

3. do you both agree to the division of debts?

4. do you both agree to the division of assets?

5. if you have children, do you agree on a schedule (parenting time)?

6. if you have children, do you agree to follow Kansas Child Support Guidelines for figuring child support?

7. have you both discussed maintenance (or alimony)?  Do you agree to waive this support amount or do you agree to pay it?

The most important factor here is that you BOTH agree on things and that you BOTH want your case resolved quickly, amicably, and without court intervention.  This does not mean that you both use the same attorney, however.  It is advisable for each party to at least have an attorney review the agreement prepared to confirm the agreement is fair, just and equitable.

By Shea Stevens Posted in Uncontested Divorce Tags: , , , Comments (0)

Do I Really Need a Lawyer for my Kansas Uncontested Divorce?

November 20, 2009

Simple answer: Yes.  Your next question: Why?

Here are just a few reasons why you need an attorney for your Kansas Uncontested Divorce:

1. Even though your divorce is uncontested, that does not mean that you will not have to follow the Kansas law, local court rules and courtroom procedure. If you file your divorce pro se (without an attorney), the court will expect you to know what you are doing.  If you don’t, you run the risk of the court dismissing your case, or making you come back to court several times in order to get everything correct.

2. Even though you both have agreed on everything, you still have to document your agreements in writing.  There are specific requirements for these agreements, commonly called “Separation Agreements”.  You cannot submit a handwritten document signed by both you and your spouse and expect the court to approve the document.

3. The do-it-yourself kit allows for very little flexibility.  If you and your spouse have made some interesting agreements, the forms you buy over the internet do not allow many changes to be made.  You may end up wasting your time on purchasing a document that you cannot use for your case.

4. Time is money.  If both you and your spouse are not represented, you both must attend the hearings.  Both of you have to take off work at least a half day in order to get the divorce finalized.  Further, as I stated previously, you may have to come back several times if you do not have the correct documents at court.  If you hire an attorney you will most likely only have to go to court once, and the hearing is a short, 15 minute hearing.

5. You may forget to discuss certain items.  Your attorney will have a checklist to make sure that you and your spouse have discussed all items, and agreed to the division of them.  It is easy to forget/overlook items when you are drafting this yourself.

6. You don’t know your rights.  You may be agreeing to something you are going to regret.  Most attorneys have the foresight to advise you of what may happen down the road if you do/do not agree to something.

You may think I wrote this post just for job security.  No joke, that is at the back of my mind, however, I am writitng this to prevent you, my reader, from thinking this is so easy it is not worth our money to pay an attorney to do this.  A lot of my clients start out working on their divorce themselves, but quickly realize it would have been less stressful and cheaper to hire me in the first place.  Give me a call, I will give you a flat rate quote and show you my streamlined approach to getting you divorced.

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Dealing with Your Kansas Divorce Through the Holidays

November 16, 2009

It seems crazy that the holidays are just around the corner, especially since the weather has been so warm.  However, as you all know, Thanksgiving is just a week away.  This article will be focused towards adults – how to deal with the changing dynamic of your family as your family has changed significantly, from two married parents to two divorced (or separated) parents.  Below are my thoughts, ideas and lessons that I have learned through my clients, I do not pretend to be a therapist nor do I want to be perceived as one.

1. Give thanks for what you have. While your family unit may not still be intact, you still have much to be thankful for.  You need to take a step back and be gracious for the kids, your extended family, your health, your job, your pet, your friends, and the list goes on.  Focus on the positive, as it will help drown out the negative.

2. You always dreaded two or three Thanksgivings anyway. Now that you are separated/divorced, you have one less Thanksgiving to attend, and for that you can be thankful.  Many of us dread celebrating the holiday numerous times with each side of the family.  Take the extra time that you have this holiday to do something you have been wanting to do – start a scrapbook, start your exercise program, watch the chick-flick no one else will watch with you or watch all of the T.V. you want with the remote in your hand!

3. Start a new tradition.  Who says that Thanksgiving is only turkey and dressing?  Go out to eat! Enjoy a movie with a friend, or stay home by yourself and order pizza.  The beauty here is that you do whatever you want.  No rules, no boundaries, just focus on you!

The common theme here is you.  Do what you want, make yourself happy, and in doing so, you will realize there is an abundant amount of blessings to be thankful for.

By Shea Stevens Posted in Divorce Tags: , Comments (0)

Can Text Messages be Used in Court in My Kansas Divorce?

November 4, 2009

Before I even attempt to answer this question, I want to caution all readers that this issue is a very fact and case specific issue.  While I will answer this question in general, it may not necessarily apply in your case.

Just in case some of you are not techno-savvy: Text messages are messages sent from one person’s cell phone to another person’s cell phone.  These messages, much like email, can be used as evidence in your divorce trial.  Text messages can be saved on a person’s phone, or with many carriers, you can print out  the full transcript of the text message, sent and received.  Further, the message, much like an email, is not fully deleted even though you deleted it from your phone.  Be wary if you think you have fully deleted the evidence of a text message, as most phone companies save text messages for approximately 30 days.  Due to this, the phone company records can be subpoenaed and the messages sent and received can be retrieved.  While the case law is still evolving in this area of law, a text message can carry much the same evidentiary weight as an email.

As I have mentioned several times before, do not say or put anything in writing that you would not want a Judge to read, whether it be a text message, email, instant message, hand written letter or voicemail.



								

				

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