Besides the basic issues of a divorce, as mentioned in the previous section, you and your spouse might find it more challenging to achieve a fair settlement if you have a lot of high-value or intangible assets. It is imperative to make sure you understand Kansas property guidelines before heading to court. If your relationship with your ex is contentious and you do not trust him or her, you’ll want to take a thorough inventory of all marital assets to make sure your spouse isn’t hiding anything.
Kansas operates under equitable property rules in divorce, which means the judge overseeing your case will determine a fair, albeit not necessarily equal division of assets. Marital property, such as a house or vehicle, is an integral component of most divorces. The assets shown in the following list, however, are more complex:
You can save a lot of time (and perhaps, money) by turning to knowledgeable sources for support as you navigate a complex divorce. Such sources might include a financial adviser or experienced Kansas family law attorney.
When so much is at stake, a spouse who wants to gain the upper hand in divorce proceedings might attempt to hide assets, which is unlawful because it constitutes perjury. This is another reason why full disclosure and taking a thorough inventory is so important when you’re dealing with complex assets.
If you notice signs of a hidden asset scheme (such as money disappearing from jointly owned accounts, luxury items purchased but undervalued, overpayments on credit cards or taxes, etc.), it’s best to fully investigate rather than risk walking away with less than you’re entitled to receive.
When negotiating a settlement in a complex divorce, it is also important to identify separately owned property versus marital assets. The latter basically includes any money, property or other assets you or your spouse acquired during marriage. Separate property, on the other hand, might be something like an inheritance or a business you owned before marriage. Before signing an agreement, make sure you fully understand Kansas property division laws and are confident that you are receiving a fair settlement.
]]>If your ex has nefarious ideas, such as trying to turn your children against you and alienating you from their lives, you will no doubt have your work cut out to stop the scheme and fight for your parental rights. An increasing number of people have fallen victim to parental alienation schemes in divorce in recent years.
Imagine that your children are at their other parent's house and want to call you on the phone or start a video chat, but your ex refuses to allow them to contact you. When you divorce, your children should never be denied access to you by their other parent. Such behavior is often part of a parental alienation scheme.
Telling your kids lies about you, perhaps even saying that you don't love them or that you blame them for your divorce, is another way that one parent might attempt to alienate the other. Sadly, many children believe such lies and wind up saying they don't want to go home or see the other parent anymore.
The term ''Parental Alienation Syndrome'' was coined by a psychiatrist in the 1980s, who was witnessing an increase in cases where parents were trying to brainwash their kids against their other parents. You might suspect your ex of doing this but disregard your initial thoughts, thinking that no parent would want to children away from their other parent.
In fact, it happens often in divorce. Therefore, if you notice that your children are upset when they're around you or they’re always angry, it is best to try to resolve the issue right away. The same holds if they make statements or outrageous claims that you believe your ex told them. Studies show that it can take months, even years, to restore a relationship between a child and a parent who has been denigrated or alienated by the other parent.
Even in an amicable divorce, children often need extra support to come to terms with changes in their lives. If your ex is trying to turn your kids against you, it can intensify this need. School counselors, faith ministers or psychiatrists often provide strong support to families in such circumstances.
You may also wish to connect with legal advocates in your area, especially if you feel that you will need the court's intervention to help you enforce a child custody order or resolve a specific issue.
]]>However, expecting there to be disagreements that can be resolved through peaceful and amicable discussion and standing in court being falsely accused of child neglect or abuse or vastly different issues. The former is not uncommon; the latter places you at risk to be denied visitation or custody of your kids.
No matter how angry or resentful your ex might be because you filed for a divorce, he or she cannot deny you access to your children. Doing so is referred to in the family justice system as “parental alienation,” and it’s unlawful. A parental alienation scheme might include false allegations against you, claiming that you’re an unfit parent.
Even if you know the allegations are 100% false, things may get a lot worse before they get better as you try to straighten it all out in court. Once allegations have been purported against you, you can expect that the judge overseeing your case will order an investigation.
One of the things a family court judge will undoubtedly note if your ex accuses you of being an unfit parent is whether he or she has ever made similar accusations in the past. If the first time allegations have surfaced are during child custody litigation, it’s definitely a red flag suggestion possible falsehood.
As the court investigations allegations that you’re an unfit parent, the judge may consider possible reasons that your ex might be falsely accusing you, especially if you have adamantly denied the accusations. The following list shows common issues that often spark false allegations during child custody litigation in a divorce:
None of these issues make it okay to falsely accuse a co-parent of neglect or abuse in a court of law. Such issues can be especially damaging if your ex has convinced your children to go along with his or her scheme. If you’ve been falsely accused in a child custody case, try to remain calm, and don’t hesitate to reach out for legal support.
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