Kansas - Cordell & Cordell
Skip to main content

State: Kansas

Jennifer Jimenez

Written by Abby Johns on .

Jennifer Jimenez is a dedicated family law attorney who focuses on preparing her clients for every step of the legal process through organization, effective communication, and honesty. She brings over seven years of legal experience to her practice, including representation in employment discrimination, labor law, and family law matters. With a passion for helping families navigate difficult situations, Ms. Jimenez strives to make a meaningful difference in her clients’ lives.

“This might be the most difficult time in your life, but that is why I am here. If there is any way for me to make this process easier for you, I will do everything I can.”

Jane Schmaltz

Written by Abby Johns on .

Jane Schmaltz is a seasoned family law attorney who has been practicing since 2012 and is dedicated to helping clients navigate complex matters such as divorce, custody, support, and adoption. Her approach blends skilled legal advocacy with genuine empathy, ensuring that clients feel supported during some of life’s most challenging moments.

“I am committed to helping families move forward with confidence and stability.”

Caleb Smith

Written by Abby Johns on .

Caleb Smith is a Kansas-based attorney with a consulting background who has made significant developments in his legal career. He is a member of the Wichita Bar Association, the Kansas Bar Association and the American Bar Association. One of his notable challenges involved handling a complex divorce case with properties and antiques spread across multiple states, which he successfully resolved through strategic settlement agreements. Caleb’s greatest litigation victory came from exceeding a client’s goals for property division through effective use of discovery and settlement negotiations. Caleb’s accomplishments in the legal field demonstrate his commitment and skill.

 

divorce seminar

Laura Smith Promotes Divorce Seminars in Pair of Media Appearances

Written by Joseph E. Cordell on .

Cordell & Cordell Independence divorce attorney Laura Smith recently made a pair of media appearances promoting the firm’s 10 Stupidest Mistakes Men Make During Divorce seminars.

Ms. Smith appeared on KCUR 89.3 FM and was on air with Fox 4 Kansas City to discuss some of the topics covered in the seminars.

“(Divorce) can be extremely stressful, it can be extremely consuming for people,” Smith said, “but again that’s where having the right attorney, the right partner in that process who can let you know what those best steps are going to be. Also tips and things you can do to control that situation.”

Cordell & Cordell is hosting a series of free seminars this month to help educate men who are facing divorce. Learn more about the seminars and register so you are prepared for what lies ahead.

Overland Park Fathers Rights

Written by Joseph E. Cordell on .

There is one particular Kansas statute that appears on the surface to uphold fathers rights to access to their children, but upon further inspection reveals an alarming lack of respect for Overland Park fathers rights.

The law requires the custodial parent (usually the mother) to give written notice to the non-custodial parent (usually the father) at least 30 days in advance of relocating the residence of the child, such as a move out of state.

Failure to do so is an indirect civil contempt punishable by law and includes awarding of attorney fees and expenses incurred by failing to give proper notice, a consequence that would seem to protect fathers rights and keep custodial parents from moving the children away without notice.

However, the statute implies a complete lack of regard for dads rights because no mention is made of the options available to the non-residential parent who receives the notice. In fact, the statute itself seems to imply that once notice is given the move is permitted. There is no process for filing an objection and no direction of whom to notify of such an objection.

The Kansas relocation statute does not require approval of the other parent or the court. A simple statement of “I intend to move the child’s residence in five weeks” appears to be sufficient to satisfy the statute.

Since your approval is not required you must not only notify the moving party of your objection, you also must seek help from the court. If you fail to bring the issue to the court, you may waive your right to participate in making this major life decision.

If you wish to stand up for fathers rights and prevent the child from being relocated without having any input in the decision, it is extremely important to respond immediately.

Get help with dads rights in Overland Park, Kansas by arranging a meeting with a Cordell and Cordell mens divorce attorney. Please call 1-866-DADS-LAW.

Dads Rights in Overland Park Resources | Kansas Fathers Rights Resources

Dads Rights

Kansas Fathers Rights In Divorce

Information on Fathers Rights

A gavel rests beside two gold wedding rings and a stack of cash on a table, implying a legal issue involving marriage finances, with a partial view of a person's hands in the background.

Kansas Spousal Maintenance

Written by Joseph E. Cordell on .

Either spouse can request alimony in Kansas. However, the statutes refer to it as “spousal support” or “spousal maintenance.” The requesting party must ask for spousal maintenance in his or her initial petition for dissolution of marriage. The court has the discretion to order alimony that is fair and reasonable. While some counties might use a calculation, the court looks at several factors to determine a fair amount, including finances, property division and the length of the marriage. The calculations are not binding on the court.

What is Spousal Maintenance in Kansas?

Hands exchanging money from an envelope, implying a transaction; focused on the foreground with blurred gavel and legal books in the background, suggesting a legal or judicial setting.

When a Kansas couple gets divorced (dissolution of marriage), the court may grant one party spousal maintenance. The purpose of spousal maintenance is to make up for economic imbalances between the parties such as earning power and standard of living.

The court has wide discretion in determining whether or not maintenance should be awarded.

Maintenance is not an absolute right, and the primary consideration in making such an award is the need of one spouse to receive maintenance and the other spouse’s ability to pay.

How is Spousal Support Calculated in Kansas?

A maintenance award must be fair, just, and equitable in light of the circumstances. In determining whether and in what amount maintenance should be awarded, a Court will consider several factors, including:

  • The age of the parties
  • The parties’ present and future earning capacities
  • The length of the marriage
  • The property owned by the parties
  • The parties’ needs
  • Sources and manner of acquisition of property
  • Family ties and obligations of the parties
  • The parties’ overall financial condition
  • Economic fault (dissipation of marital assets)

Many counties in Kansas have developed guidelines for determining the amount of a maintenance award. These guidelines are useful in determining the methods used by that county in calculating maintenance, but they are not binding on the Court.

The Johnson County Family Law Guidelines, for example, provide that monthly maintenance in most cases is calculated as 20% of the difference in the spouses’ incomes and is payable for a time equal to one-third of the length of the marriage. In cases where there ware no children, the percentage is higher. Also, in cases where the length of marriage is over 25 years, the percentage is higher.

Maintenance is considered income to the recipient party and is a reduction in income for the payor spouse for income tax and child support calculation purposes.

How is Maintenance Paid Out in Kansas?

Maintenance may be payable as a lump sum (either one large payment or installments), in periodic payments over a definite amount of time, on a percentage of earnings, or on any other basis. Periodic maintenance paid monthly is the most common maintenance arrangement.

Modifying Maintenance in Kansas

A Court retains jurisdiction after entry of a Decree of Divorce to modify a court-ordered maintenance award. However, no modification may be made to a maintenance award without the consent of the party liable for the maintenance if the modification would increase the maintenance award or accelerate the liability for the unpaid maintenance beyond what was ordered in the Decree of Divorce. In this way, absent the payor’s consent, a Court may modify the maintenance award downward but not upward.

Length of Maintenance

A man and woman, sitting at a table with a judicial gavel and broken heart, evoke a divorce context. The man is signing documents, possibly related to the proceedings.

The duration of Court-ordered periodic maintenance is limited to 121 months; however, the parties may, in a property settlement agreement, agree to a longer maintenance term. Court-ordered maintenance usually terminates upon the death of either spouse or remarriage of the recipient spouse.

A separation agreement may set forth additional circumstances under which maintenance is terminated, including co-habitation; however, “co-habitation” should be clearly defined to include residence with an adult non-relative of either sex.

Maintenance may be paid directly to the Kansas Payment Center (KPC). The recipient must establish an account with the KPC and may elect to receive the monthly maintenance payments in the form of a reloadable debit card, direct deposit, or check.

Kansas Maintenance Enforcement

Missed maintenance payments may result in judgments against the payor spouse for each missed payment. These judgments may be enforced by garnishment of wages, seizure of bank accounts, real estate, and other non-exempt property. Additionally, a party who fails to make maintenance payments as ordered may be charged with contempt of court. If found guilty of contempt of court, the non-paying spouse may be punished by imprisonment until the party cures the contempt, fines, and/or attorney fees. Maintenance is a domestic support obligation and is typically not dischargeable in bankruptcy.

Why Work With Cordell & Cordell

We are focused on representing parents, and we understand the complexities and challenges in family law. We provide personalized and compassionate legal guidance for family law matters. To ensure your voice is heard, we stand by you at every step of your family law case.

Testimonials

“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” — Benjamin C.

Keep Your Financial Future Secure

Your financial future deserves careful planning. At Cordell & Cordell, we represent you through the complexities of family law, helping protect your rights and financial well-being. We work closely with you to create a strategy tailored to your situation. Contact Cordell & Cordell’s Kansas divorce lawyers today for a consultation.

Kansas Child Custody Questions

Written by Joseph E. Cordell on .

Kansas child custody attorneys provide answers to frequently asked questions about Kansas child custody laws and how custody is decided in Kansas.

Who will get custody of our child?

Courts in Kansas will determine custody according to what is in the child’s best interests. In making this determination, the court will look at a variety of factors. These include, among others, the desires of the parents; the child’s adjustment to the child’s home, school, and community; and the willingness of each parent to allow for a continuing relationship between the child and other parent.

Related Article: Will I Get Custody?

What is joint custody? What is sole custody?

Joint legal custody means that each parent has equal rights to make decisions in the best interest of the child. Sole legal custody means one parent has the primary power to make decisions affecting the health, education, and welfare of the child. Sole legal custody does not completely prevent the other parent from being involved in making decisions, but it does mean the sole custodian has the ultimate decision-making power.

Joint legal custody is the preferred arrangement in Kansas.

Related Article: Joint Physical Custody vs. Joint Legal Custody

If both parents share custody does anyone pay child support?

Maybe. The court may order child support and education expenses to be paid by either or both parents for any child under the age of 18, regardless of the type of custodial arrangement that is ordered. The Kansas Child Support Guidelines set forth the method for determining how much child support will be paid and by whom.

Related Article: Who Pays Child Support If We Share Custody?

Can a parent refuse to allow visitation if child support is not paid?

No. The parent who fails to pay child support is still entitled to visitation/parenting time, even if he/she has not paid child support.

Related Article: Options If Denied Parenting Time Over Owed Child Support

When can my child decide which parent to live with?

Regardless of the child’s age, the court will look at the best interests of the child to determine with whom the child should live. The court will take into consideration the child’s wishes.

Related Article: Choosing Mom or Dad: Can A Child Choose Where To Live?

Do grandparents have custody and visitation rights?

Absent exigent circumstances, a grandparent will not be given custody over a parent. Grandparents may be granted visitation rights.

Related Article: What Visitation Rights Do Grandparents Have?

What is a parenting plan, and do I need one?

A parenting plan is a document that sets forth, at a minimum, the legal custodial relationship of the child, a schedule for the child’s time with each parent, and a procedure for resolving disputes between the parents.

If either parent is in the military, the parenting plan will also set forth provisions for custody and parenting time upon military deployment, mobilization, temporary duty, or unaccompanied tour of such service member.

If the parents have entered into a parenting plan, the court will presume that the plan is in the best interests of the child. If you have a minor child, you need a parenting plan.

Related Article: What Should Be Covered In A Parenting Plan?

If my separation agreement includes custody/support can it be included in the divorce decree?

A separation agreement will be included in the divorce decree as long as the court finds the separation agreement to be valid, just, and equitable. The court may, however, modify any provisions in the separation agreement pertaining to child custody, residency of the child, visitation, parenting time, child support, or education of the child.

What can I expect from temporary orders?

Temporary orders will establish the child’s residence, the legal custodial relationship of the parents, and the amount of child support that should be paid until such time that the temporary orders are modified or permanent orders are entered.

Related Article: Preparing For A Temporary Orders Hearing

When will child custody be decided?

Upon motion of one of the parties, the court may issue an order for temporary custody and parenting time for the duration of the case. After the case has either been tried or the parties agree to a settlement, the court will make a final award of custody.

Related Article: How Long Should It Take To Serve Custody Papers?

When can I modify custody?

After a judge has made a final determination of custody, you may seek a modification whenever there is a material change in circumstances. This is shown by demonstrating that there has been a change in the child’s life or surroundings or something has happened such that a change in custody is appropriate.

Related Article: Can Parents File For A Custody Modification At Any Time?

What if we cannot agree on a custody arrangement?

The courts will order an arrangement it determines to be in the best interest of the child. In order to help make this determination, the court may order a special investigator to conduct an investigation and make a report concerning the appropriate legal custody, residency, visitation rights, and parenting time to be granted to the parents.

What is an ex parte order?

An ex parte order is an order entered by the court without the presence of the party against whom the order is being entered.

Related Article: The Nuclear Weapon Of Divorce: Orders Of Protection

How is custody decided?

Custody is decided in the accordance with the best interest of the child. There are factors set forth in the Kansas statutes that a court will consider in making this determination.

Related Article: The Factors Courts Consider When Determining Child Custody

How can I increase my chances at getting a larger custody agreement?

You can improve your chances of winning a custody dispute by demonstrating to the court that your child’s best interest is your priority and that your proposed custody/parenting plan is in your child’s best interest. This is shown, for example, by effectively co-parenting and fostering a relationship with the other parent.

Related Article: Custody Gameplan: Building A Case For Equal Custody

What is visitation?

Visitation is similar to parenting time. These terms both refer to a person’s right to see the child on a regular and continuing basis. While often used interchangeably, parenting time refers to a mother or father’s time with the child, whereas visitation may be granted to a non-parent, such as a grandparent.

Can a judge order supervised visitation or no visitation?

If there is some reason to be concerned about the safety of the child, a court may require that visitation be supervised. Courts may deny visitation altogether if it finds that the exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health.

What should I know before a custody trial?

It is important to show the judge, through your words and demeanor at the trial, that you are a stable, rational person who has the best interest of your child at the forefront of your actions and decisions.

Related Article: Divorce Trial Prep: One Week Before Trial

Can I collect my own evidence to use if my custody case goes to court?

You can and should collect evidence to support your position regarding custody. There is no guarantee, however, that the evidence you gather will be admitted by the court.

Do I need to use a Guardian ad Litem/Custody Evaluator?

If the court deems it advisable, it will appoint a Guardian ad Litem to represent the interest of the child. The court may order investigations concerning child custody matters when the parents cannot agree on custody.

Related Article: Using A Guardian Ad Litem In A Custody Case

Will my child need to appear in court?

A judge may interview your child in chambers (the judge’s office) to assist the judge in determining legal custody, residency, visitation rights, and parenting time.

What is the Parental Kidnapping Prevention Act?

The federal Parental Kidnapping Prevention Act was enacted by Congress to establish national standards under which jurisdiction of child custody determinations should be accepted.

Related Article: 13 Ways To Prevent Parental Kidnapping

What if my wife tries to move the kids out state?

It depends on the custody arrangement. Generally, the parent with residential custody is required to give written notice at least 30 days prior to changing the residence of the child or taking the child out of state for longer than 90 days. The failure to do so is an indirect civil contempt punishable as provided by law. Additionally, the court may award attorney fees and expenses incurred by reason of the failure to give notice. If you want to prevents this move, you must file a Motion to Modify in the 30 day notice period.

Related Article: Child Custody Laws: How To Block A Move Out Of State

A cityscape at dusk with illuminated buildings against a twilight sky, featuring a mix of modern and historic architecture, and a clear foreground park area.

Kansas Resources

Written by Joseph E. Cordell on .

Welcome to our curated guide to Kansas Family Law Resources. Whether you’re involved in a divorce, seeking custody advice, or dealing with child support matters, you must understand the nuances of Kansas family law. This page provides essential information, tools, and legal insights to empower you through your family law journey. We curate our resources to offer clarity and support regarding Kansas law, helping you make informed decisions. If you are facing a family law issue in Kansas, contact Cordell & Cordell’s knowledgeable attorneys. We fight to give you a fair chance in family court.

Kansas Divorce Process

A Kansas divorce must address all issues involving the marriage, marital property, spousal support, and any minor children born to the couple, including:

While each divorce case is unique, the following steps appear in most or all divorces:

Filing a Divorce Petition

Every divorce case begins with one spouse (the “Petitioner”) filing a petition for divorce in the county where they or their spouse resides. The petition must identify any minor children of the parties and state what the petitioner wants the court to do.

Service of Process

The Petitioner must arrange for service of process on their spouse (the “Respondent.”) This provides the Respondent with official notice of the divorce proceeding. The Respondent may waive service by signing a voluntary entry.

Response or Counter-Petition

After receiving service of process, the Respondent has twenty-one days to file an answer or a counter-petition for divorce.

Pre-Trial Discovery

In the discovery stage of litigation, the parties can obtain information and evidence from each other. This might include requests for documents and depositions of potential witnesses.

Negotiating a Settlement

The parties and their lawyers can attempt to negotiate a settlement agreement at any time. A court cannot grant a decree of divorce until at least sixty (60) days after the filing date of the petition, so there is time to negotiate.

The spouses may be able to settle all issues in an uncontested divorce. They can present their agreement to the judge as a decree of divorce.

Trial

Kansas does not have jury trials in divorce cases. All contested divorces that go to trial go before a judge, who will decide any outstanding issues.

Related Article: The Million-Dollar Question: How Much Will My Divorce Cost?

Kansas Residency Requirements

In Kansas, in order to begin a divorce case, one of the parties must have been an actual resident of Kansas for at least sixty (60) days immediately preceding the date the Petition for Divorce was filed (K.S.A. § 60-1601(a)).

A petition for divorce may be filed in the county in which the Petitioner is an actual resident, the county in which the Respondent is an actual resident, the county in which the Respondent can be served with process; or, if the Petitioner is a resident of or stationed at a U.S. military post, the action may be filed in any county adjacent to the post or reservation K.S.A. § 60-607.

Grounds for Divorce in Kansas

A Kansas court must grant a divorce where it finds any of the following grounds for divorce:

  • The parties are incompatible;
  • One party has failed to perform a material marital duty or obligation; or

The parties are incompatible by reason of mental incapacity.

Related Article: I’m In A Hurry. How Fast Can I Get Divorced?

Kansas Property Division Process

Two kinds of property are involved in Kansas divorces:

  • Marital property: Property that the spouses acquired during the marriage, which they jointly own.
  • Separate property: Property that one spouse acquired before the marriage or acquired at any time as a gift or through inheritance.

Kansas follows the “equitable division” approach for marital property. This means that a court must distribute marital property fairly between the spouses. Note that “equitable” does not necessarily mean “equal.” A court does not have to split marital property exactly 50/50.

Kansas Child Custody Laws

Child custody includes both legal custody and residential custody.

Legal custody is decision-making authority over issues such as a child’s religion, education, and health. There are two types of legal custody: joint legal custody and sole legal custody.

  • Joint legal custody is the preferred legal custodial arrangement and provides that both parents share equal decision-making authority.
  • Sole legal custody vests in one parent complete decision-making authority and is awarded only when the court finds that it is in the child’s best interests that one parent, and not both, should be responsible for making decisions regarding the child.

Residential custody refers to the child’s living arrangements, including the parent with whom the child will reside and the parenting time the child will have with each parent. The court is not required to designate either parent as the “primary residential custodian.”

Kansas law identifies numerous factors courts must consider to determine who gets custody, including:

  • Each parent’s involvement in the child’s life;
  • Each parent’s wishes regarding custody;
  • The child’s wishes, if they are “of sufficient age and maturity”;
  • The child’s age, health, and needs;
  • Each parent’s willingness and ability to work with the other parent to co-parent the child;
  • Evidence of domestic violence or child abuse;
  • The child’s school schedule; and
  • The parents’ work schedules.

Kansas Child Support

Child support in Kansas is typically awarded pursuant to the Kansas Child Support Guidelines.

Calculating Child Support

Child support awards are based on “income sharing,” which means that the award combines the gross incomes of both parents to determine a hypothetical income base upon which the child support amount will be determined.

Then each parent’s individual gross income will be divided by the combined gross income figure to arrive at a percentage of the total child support obligation that the parent must contribute to support the child.

Adjustments to Child Support

Adjustments may be made to either parent’s base child support obligation for:

  • Expenses like health insurance premiums and daycare;
  • Long-distance parenting time, such as when a parent must incur substantial costs to accomplish parenting time; and
  • Parenting time when the non-custodial parent spends a substantial amount of time with the child.

Child Support Modification

An award for child support may be modified upon a showing that there has been a material change in circumstances such that a parent’s obligation would be increased or reduced by at least 10%.

Kansas Spousal Support

Spousal support, also known as maintenance or alimony, makes up for economic imbalances in earning power or standard of living. Courts do not automatically award spousal support in Kansas divorces. The parties may agree to it, or a court may award it based on certain factors, including:

  • The length of the marriage;
  • The standard of living enjoyed during the marriage;
  • Each spouse’s age, health, and financial resources;
  • Each spouse’s contributions to the marriage, financial and otherwise;
  • The payor spouse’s ability to support themselves while paying support; and
  • The time the payee spouse would need to complete education or training needed for employment to support themselves.

Two forms of maintenance are possible:

  • A lump sum paid all at once or in several installments; or
  • Periodic payments in a set amount.

A court cannot order spousal support for longer than 121 months unless the parties agree to a longer term. A spousal support obligation ends:

  • On a date specified in a court order;
  • When either spouse dies; or
  • When the payee spouse remarries.

Related Article: Will I Have To Pay Alimony?

Why Work With Cordell & Cordell

For over thirty years, Cordell & Cordell has helped clients involved in divorces and other family law disputes. Our firm acts as an advisor and advocate for our clients, working to protect their financial and family interests.

“[My attorney] did an outstanding job. The office staff was helpful with any questions he had also.” — Anonymous

“[My attorney] did a good job of communicating and you could tell she was very passionate about her job.” — Quinton M.

Helping Kansas Clients and Their Families

Cordell & Cordell is a law firm in over 30 states that helps clients deal with various family law issues. This page serves as a resource and should not be taken as legal advice.

To learn more about what our firm does and how we can help you, contact us today at 866-323-7529 or through our online contact form.

VonAchen Jon

Jon Von Achen

Written by Abby Johns on .

Wichita divorce attorney Jon Von Achen has worked off and on in family law since his first job doing child support work for the state of Kansas.

Thanks to all that experience, he is skilled at developing personal relationships with his clients to better help them reach whatever goals they have for their case.

“Regardless of the circumstance, I connect with my clients in a way that they understand what I am trying to accomplish for them,” Mr. Von Achen said.

Above all else, Mr. Von Achen stresses the importance of communication in family law.

“If I don’t know what is going on, what you want when circumstances are changing, or when you are about to take action, it can severely impair my ability to help you through the process,” he said. “I can help you reach your goals, but it is much easier when we work together in the process.”

Although family law is very challenging, Mr. Von Achen appreciates that it touches on so many other areas of law.

“You can be dealing with real estate, employee benefits, banking, business law, and even sometimes criminal law, all within the same case,” he said. “Cases may have similarities, but no two cases are exactly alike.”