Overland Park Family Law Blog

Many Kansas readers may be surprised to learn that the act of dueling as a means to resolve a legal dispute has never been abolished in the United States. While the most recent use of sword fighting to the death to resolve a legal battle occurred abroad in the 1800s, a man from this state who is navigating child custody proceedings in another state has filed a petition in court to request that the judge order trial by combat with his former wife. The man's petition also states that the woman's attorney may act as a champion or stand-in for his ex.

While the idea of sword battle may seem outrageous to most parents, the father in this case says he is at his wits end because his ex has destroyed him through litigation. He has told the judge that he plans to request trial by combat in every instance from now on when and if his ex drags him into court. The woman's attorney has filed a countermotion, requesting that the court not order him or his client to take part in mortal combat.

Most people who get married believe that they'll stay that way, but sadly, that isn't always true. For wealthier couples here in Kansas, it can be difficult to determine how to handle a divorce settlement, especially at a time when emotions may be running high. Some people realize too late that they should have gotten a prenuptial agreement. However, there is another option for those who may be concerned about the possibility of a high asset divorce. A postnuptial agreement serves many of the same purposes as a prenup and there are several scenarios where a couple may decide it's the right choice for them.

One reason for a postnuptial agreement is when something happens after the wedding that changes the couple's financial circumstances. If a couple has a sudden increase to their finances, especially if that change is due primarily to the efforts of one spouse,  they may want to legally determine how to split the assets should a divorce occur later. Also, for couples who want to separate, but don't want to fully divorce, a postnuptial agreement can be a way to determine in advance what each party will receive in a divorce settlement.

Divorce is often talked about as if there is only one path from start to finish. However, couples in Kansas will have to navigate many different issues before finalizing everything and moving forward with their new lives. This means that securing the most agreeable divorce settlement relies on making the best possible decisions during things like property division.

Married couples tend to amass a pretty significant amount of marital property over time. For example, joint bank accounts for checking and savings are usually marital property. Retirement savings might even be considered jointly owned and therefore up for division. Assets are also more than just money or owned property, and couples frequently have jointly owed debt.

Adapting to a new lifestyle after divorce is a challenge many Kansas parents will face before the end of the year. In fact, with Thanksgiving and numerous holidays right around the corner, it is likely that some parents will have their work cut out to resolve child custody issues that arise. Parents who wish to keep things as peaceful as possible during the holidays can put several plans into action to help them avoid problems.

First, it is a good a idea to keep children's best interests in mind, remembering that their needs are the highest priority, especially during the holidays. Kids are typically resilient and adaptable but coping with divorce can put a damper on their holiday fun. If children know their parents are willing to work together to help them adjust to new lifestyles, they may worry a bit less custody-related issues.