Family Law Attorney and Divorce Lawyer in Kansas City

You’ll want to interview attorneys. We offer a free lawyer consultation, so you can get a feel for your potential lawyer before you decide to hire our firm. It would be best if you also read the reviews available for the family law attorney you are considering.

I like to use the analogy of getting stitches to answer this question. If I cut my hand, I could give myself stitches, but I would probably get a much better result if I went to the hospital to get stitches. Having an attorney on your case during your divorce will lead to better results.

Kansas and Missouri are both no-fault states. This means all you have to allege is the irreconcilable differences between you and your spouse. This makes it impossible for you to live together as married people. Therefore, there is no reasonable likelihood that the marriage can be preserved.

Ideally, you and your partner make this determination. If you cannot agree, the Court will have to decide for you. If that is the case, the Court will likely determine how much you and your spouse have in marital assets (assets acquired during the marriage) and divide that amount equally between the two parties.

In Kansas, the courts look to K.S.A. 23-3203 when determining custody of a child. The courts will consider 11 factors in K.S.A. 23-3203 if parenting time and custody are disputed. In Missouri, the courts look to RSMo 452.375 and subsequent sections for guidance when determining a child’s parenting time and custody. Consult with a family law attorney today!

There are two types of custody, legal custody and physical custody. Most parents share joint legal and joint physical custody. Joint legal custody means the parents will share in all major decisions about the child, including healthcare, religion, school, etc. Joint physical custody means the parents share parenting time with the child somehow. It does not mean the parenting time has to be equal between the parties, but that one parent has some time, and the other has some time too.  Talk with our divorce lawyer to determine how strong your case will be.

Child support is based on the parenting time each party has, the income of each party, health, dental, and vision insurance costs for the child/children, and the childcare costs of the child/children. The court can adjust the support amount based on things like the financial circumstances of the parties, the distance between the parties, or the way the parties claim the child/children on their taxes. In Kansas and Missouri, the courts use a formula to determine the appropriate support amount.

Nonpayment triggers enforcement from two directions at once.

The state agency acts without a new court hearing. Missouri’s Family Support Division and Kansas Child Support Services both withhold income, take state and federal tax refunds, garnish bank accounts, place liens on property and lawsuit proceeds, report the debt to credit bureaus, deny passports, and suspend driver’s, professional and recreational licenses. Kansas restricts licenses after 90 days of nonpayment once arrears pass $500. Missouri suspends occupational licenses under RSMo 454.1003 and hunting and fishing licenses under 454.1027, then lifts the suspension once the paying parent keeps to a payment plan.

The second direction is contempt. You ask the judge to enforce the order, and a judge can impose payment terms, attorney fees, or jail.

Both Kansas and Missouri recognize grandparent’s rights. In most cases, if a grandparent files a case for reasonable visitation with a grandchild, the grandparent can expect to pay for the parents’ legal fees. The grandparent must show the court that he/she had a consistent and meaningful relationship with the child and that ending that relationship would be against the child’s best interests.