Posts Tagged ‘Wichita Divorce Attorney’

Keeping Calm In Your Divorce: The Overall Positives

Thursday, September 20th, 2012

Divorce is an aspect of life that many Americans have to come to terms with more and more in this day and age. Yet, why do seemingly happy couples actually engage in a divorce? Divorce today occurs for many different reasons whether a couple no longer gets along, financial reasons, or simply just because they are no longer in love with one another. Today, it is said that one out of every three couples in the United States will eventually face divorce. However, when you are going through a divorce do you know how to actually keep calm, and the positive results that are associated with it?

The Truth Behind What You Deal With In A Divorce

When you are in the midst of a divorce it usually causes a lot of stress not only on an individual mentally and emotionally, but also physically as well. Many studies and research has been done that shows that when an individual is overly stressed in a divorce they are less likely to have a good night’s rest, have a less positive state of mental health, and also have a poor diet. Yet, when you are going through a divorce you can fight all of these negative aspects by just staying calm.

“Keep Calm, Carry On”

However, many ask the question, “How can you legitimately stay calm in the midst of a divorce?” When you are going through a divorce you are going through a separation from being in a relationship to being single once again. Try to reflect on what you did in the past when you were single that you enjoyed and try to pick up where you left off. Exercise has been linked to many health studies to help with stress greatly, and even is proven to help make individuals happy in the long run of things.

Make sure to incorporate your positive, and relaxing behavior into your diet. Divorce the majority of the time is a time individuals just eat whatever they truly want. However, fight back the depression with good, healthy food that not only will help keep your mind off your divorce, but also will help keep your health and good feelings in the mix.

Remember, when you are going through a divorce you need to keep calm, and relax as much as possible. By contacting an experienced divorce attorney you can count on your divorce to be handled sensitively, professionally, and as calmly as possible.

Going through a divorce can be difficult. Finding the right lawyer will help you deal with this change going on in your life. David Nelson, Attorney at Law, has spent over 30 years practicing law in Kansas. He knows how to handle these cases in the best way. He understands how sensitive and serious these situations are and the impact that it leaves on families.  To serve you better, Mr. Nelson offers a free consultation so that you to get a feel for your legal options and for you to see if he is right for you. Mr. Nelson is qualified and experienced and is a great choice to help you through this time. Call (316) 267-1300 today to set up your free consultation.

What To Bring To Your Initial Divorce Legal Appointment

Thursday, September 6th, 2012

Today, divorce is an aspect of life that many couples are beginning to come to terms with, or have already had one. Research states that one out of every three couples within the United States will go through a divorce at one point or another. When we generally think about divorce we think of a relationship coming to an end with many different emotions being seen. However, divorce is much more than just a personal relationship ending it also is a separation from your former spouse financially, and legally as well.

The First Aspect of Meeting With Your Attorney

When you are considering a divorce, or in the process of one it is extremely important that you seek out an experienced, and an ultimately dedicated divorce attorney to help you every step of the way. Yet, when you actually finally do meet with your attorney pertaining to your divorce what do you need to bring?

To begin, you need to bring your personal ideas, and thoughts about your divorce. In order for your attorney to help you fight for your assets accordingly and to the fullest you need to explain the divorce such as why it is occurring, was there more fault in one individual within the relationship over another, what you would like to gain from the divorce, and ultimately where you would like to stand after the divorce is said and done.

The Physical Matters of Your Marriage

Next, you need to actually bring a few things physically with you to your meeting in order for your attorney to better understand where you stand financially, and socially with your former spouse in the midst of your divorce. Make sure to bring all court recordings to your meeting, which should include the actual filing papers the divorce was filed on. Also, make sure to bring documents showing your financial stance within your past marriage such as the purchases you have solely made, any assets you financially contributed to, your taxes and social security information, as well as information pertaining to your employment.

Divorce is a serious matter that should be handled with the utmost sensitivity and understanding. Make sure that when you are considering, or in the midst of a divorce to have an experienced, and an understanding divorce attorney by your side from start to finish.

Going through a divorce can be difficult. Finding the right lawyer will help you deal with this change going on in your life. David Nelson, Attorney at Law, has spent over 30 years practicing law in Kansas. He knows how to handle these cases in the best way. He understands how sensitive and serious these situations are and the impact that it leaves on families.  To serve you better, Mr. Nelson offers a free consultation so that you to get a feel for your legal options and for you to see if he is right for you. Mr. Nelson is qualified and experienced and is a great choice to help you through this time. Call (316) 267-1300 today to set up your free consultation.

Where Do Men Stand In A Divorce?

Thursday, August 16th, 2012

Divorce, it is an aspect of life that many individual not only within your community, but also the country have to come to terms with each and every day. When you are going through a divorce you are not only legally separating from your spouse, but also personally, and financially. Divorce today occurs for many different reasons whether it is infidelity, personal issues, or simply that the two spouses just no longer get along with one another or have fallen out of love. Yet, when it comes down to a divorce what can men expect when going through a divorce?

The Retrospect of Men Within A Divorce

Many men, and women for that matter, are under the impression that when a divorce occurs that the man present will be left with less than the woman. Why is this? Depending on many situations, and couples as a whole the man is traditionally the one within the relationship who either has more responsibilities, or contributes greater financially to the couple. This means that when woman go though a divorce in this instance that they not only lose some financial means, but also some property, or other possessions as a result.

Breaking Down The Facts

However, today both genders within the work force are equally making the same amount, and are looked at equal in many aspects. When you are a man going through a divorce it is important to go in not only open minded, but with a reasonable goal in mind for your division of the assets. Most of the time men either go into a settlement with either to high of hopes of what they want, or completely under, which usually leaves them with less in the end after everything has been said and done.

When a man is going through a divorce, as well as women, they need to make sure to remain respectful and keep personal matters such as new relationships to themselves. This not only complicates your relationship with your soon to be former spouse, but also within settlements and court proceedings.

Remember, when you are going through a divorce you want it to go as smoothly as possible. Make sure to contact an experienced divorce attorney in order to not only get the assets you truly want, but also need.

Going through a divorce can be difficult. Finding the right lawyer will help you deal with this change going on in your life. David Nelson, Attorney at Law, has spent over 30 years practicing law in Kansas. He knows how to handle these cases in the best way. He understands how sensitive and serious these situations are and the impact that it leaves on families.  To serve you better, Mr. Nelson offers a free consultation so that you to get a feel for your legal options and for you to see if he is right for you. Mr. Nelson is qualified and experienced and is a great choice to help you through this time. Call (316) 267-1300 today to set up your free consultation.

Keeping Your Emotions Out of Your Divorce

Thursday, August 2nd, 2012

Divorce is a very tricky game, and situation as a whole. When you are going through a divorce you are going through not only a legal separation from your spouse, but also an emotional, and financial one as well. Divorces takes place for many various reasons whether or not it has to deal with either fidelity, a disagreement, or simply if the couple just no longer likes one another and has fallen out of love. However, when you are going through a divorce you have to be ready for every single aspect professionally, and emotionally. If not you could easily be left empty handed at the end of the day.

“Feeling” A Divorce

When an individual is going through a divorce they are feeling a multitude of feelings whether it is sadness, anger, content, misunderstanding, or simply just lack caring overall. While emotions are an average part of life, in a divorce it can easily aid in your ultimate failure, especially when dealing with court proceedings, and settlement meetings. A divorce is a legal, and professional aspect of your life, and while it does deal with your personal life it must be handled like a business deal.

Separation From Start To Finish

As previously stated an individual is separating from their spouse financially. In stating this you are having to split your joint assets, and ultimately must come to an agreement about this. If not, you could easily be going through a divorce for months and months. When you enter a divorce with your emotions raging whether it is during your mediation appointments, or in front of a judge, you tend to not only make yourself seem immature about the situation as a whole, but can be seen as unable to take care of some aspects of the divorce in the future such as your property, and even in some cases child custody.

When you, or a loved one is going through a divorce you want it to not only go properly, but professionally as well with your best interest in mind. In order to not only achieve this, but also to make the divorce an overall success you need an experienced divorce attorney at your side from start to finish. If not, you could easily be left empty handed at the end of the day.

Going through a divorce can be difficult. Finding the right lawyer will help you deal with this change going on in your life. David Nelson, Attorney at Law, has spent over 30 years practicing law in Kansas. He knows how to handle these cases in the best way. He understands how sensitive and serious these situations are and the impact that it leaves on families.  To serve you better, Mr. Nelson offers a free consultation so that you to get a feel for your legal options and for you to see if he is right for you. Mr. Nelson is qualified and experienced and is a great choice to help you through this time. Call (316) 267-1300 today to set up your free consultation.

Kansas Alimony Laws

Monday, September 5th, 2011

Divorce can be tricky when it comes to paying child support or alimony. To get a divorce in Kansas, at least one spouse must live in the state for at least 60 days before filing for divorce. Kansas does not require any reason for a divorce other than the relationship is irrevocable damaged. In Kansas, child support payments play a big role in how property is distributed or awarded. That is why support payments are such a big deal in a divorce. If you and your spouse can’t come to a conclusion about it that you both agree on, the court will order one person to pay support to the other on an individual case basis.

The court looks at the age of the two spouses, marital assets, potential wage earnings, and how long they were married as well as other factors. If the court must decide who pays the maintenances support, it will use its judgment when awarding payment to any party. Alimony is usually referred to as maintenance. The court decides the amount of the payment as well. It must be a fair, just amount and reasonable considering all of the circumstances.

The court has the ability to decide that future payments can be subject to change due to the situations that were prescribed in the court order. They can make a payment or alimony modification one month prior to the date that the motion to modify was filed. The court cannot award payment for more than 121 months. If the original court document reserves the right to hear succeeding motions for restoration of payments and this motion is filed before the expiration of payments, the court will have jurisdiction to hear a motion to reinstate maintenance payments.

These situations can be difficult to handle. It is extremely important to have someone in your corner that is experienced with cases such as these. David Nelson, Attorney at Law, has the skills to make sure that this experience goes as smoothly as possible. He is knowledgeable and has spent over 30 years practicing law in Kansas. He understands how sensitive and serious these situations are and the impact that it leaves on families.

To serve you better, Mr. Nelson offers a free consultation so that you to get a feel for your legal options and for you to see if he is right for you. Mr. Nelson is qualified and experienced and is a great choice to help you through this time. Call (316) 267-1300 today to set up your free consultation.

Benefits of A Divorce Lawyer

Saturday, August 13th, 2011

When contemplating a divorce individuals should immediately seek legal counsel. A good divorce lawyer is the best defense for a client going through the trying times of a divorce. Divorce is rarely a dance in the park. An attorney that has experience in divorce can help prepare for any unforeseeable circumstances that may arise. Knowing what may happen before it does can make a difference in your case. Preparation, knowing the courts and other professionals that you may need expertise from, as well as the law is crucial in having an advantage when filing for divorce.

A divorce attorney hired by you will give you advice specific to your case and circumstances. The trained skills and knowledge of divorce laws will provide the client with a better awareness of their individual situation. Handling a divorce without proper legal advice can be emotionally, mentally, and financially costly to you. In already stressful times attempting to oversee a legal situation can add more stress to you. You take your automobiles to mechanics to fix. You take your children to the doctor when they are sick and allow surgeons to perform surgery instead of handling it all yourself. Divorce should be no different. David Nelson has the experience to handle your case for you. Don’t stress it alone, let proper legal counsel lighten your load.

Many judges prefer people coming to court for divorce claims have legal counsel with them. Attorneys versed in family law can provide their experience to get you what all you are entitled to under the state law. Legal counsel can negotiate the best solution to a divorce. Knowing what leverage can be used, when and where to best fight and when to consent is beneficial. Judges and attorneys have heard all the claims and gripes before, keeping the judge and experts on your side are crucial to “winning” the case. Family law can be tricky and hard to understand. Hiring the appropriate attorney is initial most crucial decision to be made when filing for divorce. An experienced attorney hired by you should fight vigorously within the law to protect their client and provide advice to assist you in your case.

Attorney David Nelson will provide you with the highest quality legal services at a reasonable cost. With over 30 years of practicing law Attorney David Nelson represents people with matters related to Auto Accidents, Bankruptcy, Business Law, Business Contracts, Criminal Defense, Family Law, Social Security Disability and Workers Compensation. Our goal is to handle your legal matters with the utmost service and professionalism. Call (316) 267-1300 today for a free, confidential case review.

Kansas Child Custody Orders: The Role of Parental Alienation

Thursday, July 7th, 2011

Divorce rates are at record levels in the United States, and more than 36% of U.S. children are affected by the divorce of their biological parents.   In the a majority of Kansas divorces, the divorcing parents will come to a reasonable decision concerning child custody and child visitation.  These parenting agreements need little or no intervention from the court.  Unfortunately in some cases, some parents will engage in bitter conflict and full blown litigation.  In many cases the unfortunate consequence of highly emotional divorce and child custody matters will result in highly confrontational situations including the psychological condition referred to as “parental alienation.”

Parental alienation is often a real threat when it comes to highly contested child custody cases. One or both parents will often attempt or succeed in turing one of the minor children against the other parent.  Many psychologists view this parental behavior as a form of brainwashing while some mental health professionals classify parental alienation as a type of emotional abuse.  The parental alienation will have profound effects on a child’s mental state and psyche.  Some mental health professionals see long-term implications that result in severe emotional distress on the minor child.

Parental alienation can take various forms and degrees of seriousness.  Oftentimes, parental alienation occurs when a parent aggressively communicates their negative thoughts and actions regarding the other parent onto a vulnerable child to the point where the child begins to view the other parent in a negative light.  In more extreme cases, the child then starts acting out as he or she begins to see the other parent as the enemy.  The child may even refuse to talk to the other parent or begin to get angry and upset with the parent for no justified reason.

There are three levels of parental alienation including a mild, moderate and severe form. A mild form of parental alienation may be less obvious and can occur more frequently without parents even knowing it.  This typically involves passively expressing hostility about the other parent’s relationship with the child and placing little value on the child’s contact with the parent including phone calls and visitation.  This form of alienation also often involves a parent making snide, negative remarks about the other parent.

A second more serious form of child alienation involves a parent more actively placing a strain on the child’s relationship with the other parent, including the denial of contact and access to other parent.  This more severe form of alienation also involves making deliberate negative statements about the other parent, especially in the presence of the child.

The third and most severe form of parental alienation causes actual damage between the child and the parent and can have long lasting impacts on the child.  At this point, the child already believes all the negative things they have heard about the other parent so the child’s negative emotions are no longer in question.  The child shows no guilt or remorse about their negative feelings towards the parent and often will avoid any contact with the parent.

Parental alienation is a major issue in many contested divorces that include highly contested custody disputes.  The importance of this issues to family judges cannot be overstated.  Although each state including Kansas have their own child custody statute, they are all based on the best interest of the minor child.  A universal factor shared by all child custody statutes is the importance of one parent encouraging “frequent and continuing contact” with the other parent.  While even the most well-crafted court order cannot prevent a stubborn parent from saying negative things about the other parent, such damaging behavior can cause permit harm to one’s child and be a critical factor in a court’s child custody orders.

The bottom line is somewhat paradoxical: One of the best ways to successfully prevail in a child custody dispute is too try “not to win.”  There are always exceptions, such as where a parent has a drug, abuse or alcohol problem, but generally the more a parent displays an amicable and open attitude toward their child’s ongoing relationship with the other parent, the more likely a parent is to be viewed favorably when the court makes custody and visitation orders.

Call Wichita divorce attorney David Nelson to discuss your case. We can and will help.

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.