Overland Park Family Law Blog

Could mediation be key to successful property division agreement?

On behalf of Law Firm of Kevin Stuart Cavanaugh posted in property division on Monday, May 7, 2018.

If a Kansas resident is currently preparing for divorce, he or she may be hoping to find the best way to handle everything without going to court. When spouses are still on good terms and can discuss important issues in amicable fashions, they may be able to achieve a fair settlement through divorce mediation. In fact, this alternative dispute resolution process may be the key to successful property division.

Like most states, Kansas operates under equitable property division laws in divorce. This means the court determines the ultimate division of all marital property, which is to be divided fairly (though not necessarily equally). Marital property typically includes any asset acquired during marriage, with some notable exceptions -- such as an inheritance or gift to one party.

Child custody battle erupts in the wake of tragedy

On behalf of Law Firm of Kevin Stuart Cavanaugh posted in child custody on Monday, April 23, 2018.

As many Kansas residents understand, family situations can be complicated. Especially those concerning child custody, as made evident by a developing story in another state. This particular situation involves a tragedy that some involved say could have been prevented.

A mother of a 2-year old child is now deceased. Her death is believed to have come at the hands of her own husband. What's more, several parties have filed wrongful death lawsuits, claiming the woman's life would likely have been saved if police officers had done their duty. As it stands, two patrol officers reportedly arrived on site where the woman was being physically attacked but allegedly left the scene without ever exiting their patrol car.

Parallel Parenting Plans

On behalf of Law Firm of Kevin Stuart Cavanaugh on Monday, April 16, 2018.

Parallel parenting plans are appropriate for parents who:

Preparation is key to successful high asset divorce in Kansas

On behalf of Law Firm of Kevin Stuart Cavanaugh posted in high asset divorce on Tuesday, April 10, 2018.

Most Kansas residents have experienced unexpected situations in life that prompt major lifestyle changes. For instance, sudden loss of income may cause someone to have to sell a home and relocate to an area where employment is more readily available. When unforeseen circumstances involve a high asset divorce, thorough preparation before heading into proceedings may increase the chances of obtaining a satisfactory settlement.

Hopefully, adequate documentation has been kept throughout the duration of a marriage headed for divorce. When substantial assets are at stake, bank records, investment information and all other financial documents are crucial components of marital property division. Kansas is an equitable division state, which means the court will determine a fair distribution of marital assets, although perhaps not a 50/50 split.

Don't let child custody problems mess up your parenting plan

On behalf of Law Firm of Kevin Stuart Cavanaugh posted in child custody on Tuesday, March 27, 2018.

Getting divorced does not mean your children's lives will be ruined. In fact, most children in Kansas and beyond are able to come to terms with their parents' divorces and move on to live well-adjusted, productive lives. There are, however, certain child custody issues that can cause stress for parents and children alike; knowing how to avoid them and how to protect your rights if you can't resolve them on your own can help you and your children build as healthy and happy a lifestyle as possible beyond divorce.

When both parents are willing to work together to create a solid co-parenting plan, children see this and feel supported. If your former spouse refuses to cooperate, however, or simply keeps trying to interfere with your relationship with your kids, it can make things difficult. Let's say it's your turn to have your children with you for the weekend, but your spouse doesn't show up at the designated place and time to drop them off to you.

What can be done about property division problems in divorce?

On behalf of Law Firm of Kevin Stuart Cavanaugh posted in property division on Wednesday, March 14, 2018.

Nobody can predict exactly how many people will get divorced in Kansas this year. However, it's logical to assume that a number of spouses will run into property division problems in divorce. A particular issue that often causes delays in settlement is hidden assets. Hiding assets in divorce is not only unfair -- it is also illegal.

Recognizing signs that a former spouse may be trying to hide assets is a key factor in resolving a hidden asset problem in a timely manner. One signal that there may be hidden assets is when statements from banks or credit card companies arrive in the mail that are not familiar to one of the spouses. Another tip-off may be that a particular credit card statement shows overpayments toward a balance.

When child custody problems make life stressful

On behalf of Law Firm of Kevin Stuart Cavanaugh posted in child custody on Monday, February 26, 2018.

Most Kansas parents who divorce strongly desire to move forward in life in ways that create the least amount of stress possible for their children. A good parent makes sure children understand that a divorce is not their fault, and that the parent will be there to love and support them as they come to terms with the situation and adapt to a new lifestyle. A parent can have the best intentions; however, if the other parent refuses to cooperate to create an appropriate child custody plan, a parent may need a helping hand to rectify the situation.

No one can assume why a particular parent might cause problems where children are concerned in divorce. Some simply act nasty in divorce, and are willing to use their children to take revenge against former spouses for hurt feelings in divorce. Others say they want to achieve positive outcomes but disagree with their former spouses about what's best for their kids.

Divorced parents rally to change child custody laws

On behalf of Law Firm of Kevin Stuart Cavanaugh posted in child custody on Saturday, February 10, 2018.

Divorce is a devastating time for all parties, especially the noncustodial parent. Divorced parents in Kansas are speaking out about the benefits of spending equal time with their kids. The National Parents Organization is hoping to change the current laws regarding child custody decisions in favor of shared parenting agreements.

Children often pay the price for decisions made by the legal system regarding custody. It is important to have both parents in their lives, and that means sharing equally in many scenarios. With current laws historically favoring moms, most noncustodial parents are reduced to spending just a few hours each week, and some may suffer through years of separation. It is devastating to know that a person has been a great parent all along and an outdated law can get in the way.

Child custody problems arise in Shannon Beador divorce

On behalf of Law Firm of Kevin Stuart Cavanaugh posted in child custody on Thursday, February 1, 2018.

Millions of television viewers in Kansas and throughout the nation watched as reality show star Shannon Beador and her husband renewed their marriage vows on the "Real Housewives" reality TV series . It may come a surprise to many to learn that those same two people are not only no longer married, but they are engaged in a child custody battle. As often happens in troubled marriages, a particular event reportedly led to their permanent breakup.

Although starring in a popular TV show like "Real Housewives of California" may have its perks, it could no doubt be difficult as well, especially when family problems are aired in public. In Beador's case, she apparently learned that her husband had been unfaithful. After several attempts to resolve their marital problems, the couple decided instead to divorce. Beador has requested both child support and spousal support in court.

Current wife not the only one concerned with high asset divorce

On behalf of Law Firm of Kevin Stuart Cavanaugh posted in high asset divorce on Tuesday, January 16, 2018.

Hollywood fans in Kansas and throughout the nation, especially those who are women, have been following headline news regarding former movie mogul Harvey Weinstein's current legal situation. Not only has Weinstein been accused of sexual crimes by a lot of people, his current wife filed for divorce and was recently granted primary custody of their children. The high asset divorce and numerous lawsuits pertaining to the other issues have prompted his first wife to submit a special request to the court.

Eva Chilton was married to Weinstein between 1987 and the early 2000s. The current situation has reportedly caused her to worry that Weinstein is likely to become financially destitute once all the lawsuits against him are fully litigated. For this reason, she asked the court to order Weinstein to pay her $5 million in advanced child support.