October 12, 2009
I have discussed what to do with your house on several posts, however, I realize I haven’t really touched on what you should do with your house in your divorce if your house is upside-down (you own more on your house than its worth). While there is no great solution to this issue, you should [...]
August 17, 2009
During a divorce consultation, I am often asked about the family pet(s). How does the court deal with pets? Do we set up a parenting arrangement? To date, the Kansas courts have not dealt with the pet as they do with children; the pet is viewed as property, which means that one party gets possession [...]
August 4, 2009
I have authored several posts regarding the marital home, however, I thought it was worth it to caution certain parties from keeping the home if you cannot refinance the home in your own name. There are several horror stories out there, but this one is just an example of what could happen if you keep [...]
July 20, 2009
Generally, both parties are aware of the financial standings of the family. However, there are still many living situations where only one party is privy to the financial information of the family. If you are going through a divorce and have not recently been involved in paying bills, opening/reviewing mail, preparing taxes, balancing your bank [...]
July 9, 2009
In order to determine the value of your real estate (non-commercial property owned by the parties) you must determine what is the net equity of the home. The net equity is the only item of value, or simply put, the asset to be divided by the court.
In order to do this you must first determine [...]
July 4, 2009
Here is a very interesting article posted on the Wall Street Journal. It may certainly be worth taking the time to revisit the agreement you and your spouse originally negotiated during this time of economic downturn.
Here is a link to the full article.
Why Your Prenup May Need a Check-Up: By Melissa Korn (WSJ Blogs)
Lawyers used [...]
June 26, 2009
Division of credit card debts is a very complicated issue in a divorce today. The debt that is most problematic is joint credit card debt. Many people believe that if one party agreed to take on joint credit card debt as part of the divorce settlement, then that party is solely responsible for [...]
June 22, 2009
It is a common fear among divorcing couples that the other spouse is going to destroy the couple financially after the divorce is filed. While this is a very real and valid fear, debt incurred after filing is commonly presumed the debt of the person who incurred said debt and should be paid by the [...]
June 17, 2009
Under Kansas Law, there is not a definition of non-martial or separate property. As discussed previously, Kansas is an equitable property state. What this means is that at the time of the divorce, all of the property of the parties, including separately titled property, becomes marital property. However, in dividing the property, the [...]
June 9, 2009
I recently read an article that listed six things to think about prior to signing a prenup. These questions often come up in the context when I am drafting an agreement, and it is best to be fully informed of the pros and cons prior to entering into an agreement. Please click here for the [...]
