The practice of family law encompasses a wide spectrum of issues. Burke McClasky Stevens has a proven track record of providing experienced legal counsel in these issues and anything else that may arise in the context of representing individuals in family law cases.
Pre-nuptial and post-nuptial agreements
A Pre-nuptial agreement is a legally binding contract, entered into by a couple prior to marriage that delineates what will happen if and when the marriage ends, either by divorce or the death of one spouse. On the other hand, a postnuptial agreement is a contract entered into by both spouses after they are married when they intend to provide for a specific division of property or the payment of certain obligations in the event of divorce or death. Often, postnuptial agreements are entered into when one or both spouses experience a significant change in financial status. Both types of marital agreements allow parties to sort through property issues so that they both have a clear understanding and expectation concerning their rights and obligations.
Divorce is the dissolution of marriage. A divorce in Kansas can either be contested or uncontested. An uncontested divorce indicates that both spouses agree on a particular division of all assets and liabilities, including the disposition of the marital residence. Additionally, both parties should reach agreement on child custody, child or spousal support, and parentage issues in an uncontested divorce. If one or more issues cannot be resolved by the parties, the divorce is contested and may require further litigation.
The division of property in a divorce is likely one of the more complex processes involved in a divorce. It requires careful study and research to ensure that all property is accounted for. The parties categorize property as either marital or non-marital, which is an issue that often contentious in a divorce. In Kansas, courts attempt to create an equitable division of property, which involves analyzing many different factors.
The custody and parenting of the children of a marriage are sometimes the most emotionally draining issues that arise in a divorce. If the parties cannot reach a joint parenting agreement, Kansas courts will determine what is in a child’s best interests in making a custody ruling. In these instances, it may provide sole custody to one party, with visitation rights to the other, or provide for some other joint custody arrangement. In the most egregious circumstances, where both parents have shown themselves incapable of parenting a child properly, the court may altogether remove the child altogether from the parents’ custody if it determines that doing so is in the child’s best interest. Just as crucial as custody is ensuring the necessary financial resources to be able to maintain a child’s standard of living. Kansas courts provide for child support to be paid by one parent to the other, specifically to the parent who has sole or primary custody.
Spousal support is a payment that a Kansas court may order one spouse to make to the other in a divorce in order to provide support, if that spouse is not capable of supporting him or herself in the marital lifestyle after divorce. This can result if the other spouse has a lower income or lacks job skills to sustain that standard of living.
Burke McClasky Stevens is ready to serve clients facing family law disputes in Kansas City and the surrounding areas, including Johnson, Clay, Platte, and Ray Counties. You may contact us for an initial consultation by calling (913) 242-7522. We will take the time to listen, analyze your case, and tailor a strategy that fits your needs and has the best chance of achieving a favorable outcome.