Olson Henry, Attorneys at Law is dedicated to helping clients achieve practical and successful outcomes when faced with difficult family issues. We listen carefully to your concerns, explain your options and develop a legal strategy for meeting your goals.
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Divorce is the dissolution of a marriage relationship by the Court. Typically, Kansas is a no-fault state in that there is no requirement that either party provides fault of the other in order to obtain a divorce. Either party may file solely on the grounds of incompatibility. Kansas law allows for Petition for Divorce, which will end the marriage of a Petition for Separate maintenance, which does not end the marriage. In order to file for divorce in Kansas, the Petitioner must be a resident for at least 60 days prior to the filing of the action. The minimum waiting period before a divorce can be finalized is also 60 days. While the case is pending, temporary orders are established to set out division of specific parenting time, child support, possession of the marital residence, and assignment of debts and assets.
Kansas law requires an equitable division of all property and debt of the parties to a divorce or separate maintenance. In deciding on the division of property, the Court is required to consider the age of the parties; the duration of the marriage; the property owned by the parties; their present and future earning capacities; the time, source and manner of acquisition of property; family ties and obligations; the allowance of maintenance (alimony) or lack thereof; dissipation of assets; the tax consequences of the property division upon the respective economic circumstances of the parties; and such other factors the court considers necessary to make a just and reasonable division of property.
In Kansas, there are two different types of custody: legal custody and residential custody. Legal custody determines decision-making over the minor child. Under this umbrella, parents can be awarded joint legal custody or sole legal custody. Joint legal custody allows both parents equal decision-making power in all major decisions in the minor child’s life. The three most common areas include medical, educational, and religious training decisions. By contrast, sole legal custody allows one parent exclusive decision-making power over the minor child. Sole legal custody is uncommon, and Sedgwick County requires specific findings in order for the Court to award one parent sole legal custody.
Residential custody determines where the minor child resides. A parent can be awarded primary residential custody, shared residential custody, or in very rare circumstances divided residential custody. Primary residential custody is defined as more than 50% of parenting time awarded to one parent. Shared parenting time is defined as equal (50/50) parenting time awarded to both parents. Divided residential custody occurs in households with more than one child, and is defined as each parent having primary residential custody of one child.
|Child support in Kansas is determined by utilizing the Kansas Child Support Guidelines. This formula primarily uses each parties’ respective income in determining the overall child support obligation for the non-residential parent. Attorneys are knowledgeable in reviewing income and other financial documents to ensure child support is accurately determined and that each parent is receiving proper adjustments for other relevant expenses such as daycare, health insurance, and dependency exemptions.|
A paternity action establishes legal custody and parenting time rights for parents who were never married. Paternity of a minor child can be done by agreement of the parties, a Voluntary Acknowledgement of Paternity, or genetic testing ordered by the Court. The specific facts and circumstances of each case determine whether the Court will order genetic testing to determine paternity.
Once paternity is established the parties may seek orders regarding issues including but not limited to custody, residency, parenting time, holiday parenting time, child support, and tax exemptions.
We are committed to guiding you through the delicate legalities surrounding a variety of probate and juvenile matters. Our dedicated and experienced attorneys
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|Adoption is the transfer of parental rights and responsibilities to a single adult, spouse, or married couple. There are three main types of adoptions in Kansas, domestic adoptions, stepparent adoptions, or adoptions through a Child in Need of Care case. Domestic adoptions typically occur with infant children, but may also occur with older children. Domestic adoptions include agency adoptions but also direct matches with adoptive families and expectant mothers. Stepparent adoptions occur when a biological parent consent to the adoption or if the other biological parent’s consent is found to be unnecessary pursuant to Kansas law. Sometimes parents’ rights are terminated through a Child in Need of Care case. Oftentimes an adoption occurs after parental rights have been relinquished or terminated.|
|Guardianship for a minor child occurs when the natural parents are unwilling or unable to care for the child and a third party needs to step in to provide care. Guardianship for an adult with an impairment occurs when an adult lacks the mental capacity to make decisions about their own physical welfare and a third party needs to take action to ensure the day-to-day care and responsibility for the individual. Family members or loved ones may initiate a guardianship action in Probate Court to request they be appointed as a guardian over the minor child or adult with an impairment.|
We are experienced in handling a wide variety of issues that fall under general civil litigation. This practice area typically includes a legal dispute that is being resolved in a court of law. Most commonly, the relief sought in civil litigation matters is for monetary damages, injunctive relief or specific performance—and not criminal sanctions.
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When you have suffered a traumatic injury, you may be facing medical bills, loss of mobility and loss of income. All of these issues can be daunting financial burdens. And when you are trying to recover, navigating insurance and liability questions can be even more overwhelming. Olson Henry, Attorneys at Law seek justice for victims who have been injured by the negligence of others.
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We understand how serious it can be to face criminal charges and the impact those changes can have on the rest of your life. Our experienced attorneys know you need answers and direction, as well as someone you can trust to tenaciously defend you and your rights.