Archive for January, 2011

What are the kinds of Domestic Relations actions that can be filed in Wichita, Kansas?

Monday, January 3rd, 2011

There are various types of domestic relations actions that may be filed in Kansas courts.  These actions will vary depending on the type of relationship involved as to whether or not the couple’s relationship is considered  “marital” or “non-marital.”

Marital Relationships
A “marital” relationship is one that is defined as a couple that have been joined legally in marriage.  A marriage in Kansas is either a “licensed marriage” or a “common law marriage.”  Licensed marriages in Kansas is a marriage where the parties obtain a marriage license from a particular state government. This license is granted in accordance to the governing laws of that state.

In most states, a couple may be  united in marriage by what is called a “common law” marriage.  Each state has a variation of what activates a “common law” marriage.  It may be a recognized period of time that a couple has co-habitated or other state specific rules.   Not all states approve or recognize a common law marriage as a valid marriage affording all the rights and legal duties and protections.

If a couple is legally married by license or common law, to be divorced that must divorce by court order.

In Kansas, there are three types of domestic relations actions that exist and can legally effect the marriage relationship – divorce, annulment, and separate maintenance.   All three of these domestic relations actions effect the couple’s martial status differently.

Divorce Action – the most common action between married or legally joined couples.

A divorce legally dissolves the married between two people. A divorce action presumes for a valid marriage between the couple and then terminates the legal marriage once a court order is granted.  A Kansas divorce action enables the court to rule on property and debt division, child custody, support, parenting time, third party visitation, spousal support if necessary.

Separate Maintenance Action.  A“separate maintenance” action is similar to  a “legal separation.”  The parties’ marriage is not dissolved, but does request that the court rule and provide orders forchild support, visitation, property division, spousal support and debt division issues.  A separate maintenance action was more common when divorce actions were more difficult to obtain.  These separation actions would enable the parties to settle certain affairs while working through the divorce process.

Annulment. The third kind of domestic relations action is an “annulment.”

In Kansas, a couple may seek what is called an annulment.  This action may be granted regardless how long the couple was married.  However, certain requirements according to Kansas law must be met to obtain the annulment.  Annulments simply “void” a marriage.  If a marriage is “voidable,” Kansas courts may, but are not required to, grant a requested annulment.

Non-Marital Relationships:

Unmarried couple are unable to file or be granted a “divorce” since there was not a marriage between the parties.  Kansas law does enable people the right to have a court determine the equitable division of property secured between the cohabitants in the event there is a division dispute of assets accumulated during the relationship.

If you are facing a divorce or domestic relations action or have questions concerning family law matters, call Wichita divorce attorney Mr. David Nelson for a free consultation today.  Mr. Nelson has been a practicing attorney here in Wichita for over 30 years. Call (316) 267-1300 today for a an appointment today.

Wichita Kansas Social Security Attorney Discusses – What is Social Security?

Saturday, January 1st, 2011

Social Security is federal government program that is funded by all tax paying Americans.  The Social Security system like insurance in the event that you become disabled and can no longer work or should you reach the legal retirement age.  Social Security may also provide your spouse and your dependent children with monthly checks should you become deceased, thus ending the families source of financial support.  Many people do not realize this fact.  Surviving family members may collect benefits in the event of your death.

However, not everyone is qualified or some people are qualified but they are having difficulties obtaining the benefits.  Eligibility is usually determined on whether or not certain work requirements can be performed by the claimant.  Also, the amount of  money that an individual has paid in to the system through taxes may be counted toward eligibility or ineligibility to receive Social Security benefits.  Keep in mind that all payments made to Social Security are placed in a general fund or entity for everyone.  People that pay in to Social security do not have an account with funds available for withdrawal.

If you or a loved one feel that you have been wrongly denied Social Security benefits, call Wichita Social Security attorney Mr. Nelson for a free consultation today.  Mr. Nelson has been a practicing attorney here in Wichita for over 30 years. Call for a free initial consultation and evaluation with Wichita SSD attorney David Nelson.

Call (316) 267-1300 today for a an appointment today.