The Law Office of Jennifer M. Berger, Esquire , Suite C -1907 (785) 233-1700 telephone (785) 233-2106 facsimile Jenb3@prodigy.net Tabs Family Law & Divorce Paternity Simple Wills Mediation/Conciliation Case Management Grandparent Visitation PFA’s & PFS’s Adoption Custody/Parenting Time/Child Support Jennifer Berger, (formerly Jennifer Harris), born , February 24, PICTURE INSERTED HERE 1965; admitted to bar, 1993, , also admitted to practice before District Court, District of . Prepatory education, (Juris Doctorate 1993). Mediation, Domestic Case Management, and Conciliation Member: and Kansas Bar. When dealing with a contested family law matter it is important to have a lawyer who genuinely cares on your side. The law firm of Jennifer Berger is located at Huntoon and in and focuses on family law issues affecting clients in the local community as well as the surrounding areas. Ms Berger likes to be part of the solution to family law issues in and has distinguished herself through efficient and effective legal representation. Ms. Berger is very dedicated to the practice of family law. If you are considering separation or have separated from your spouse, then you should meet with her to discuss your situation. Receiving legal advice in a timely manner about divorce, child custody, and other matter related to family law will help to provide you with a clear understanding of your rights and options according to laws. Being represented by an experienced family law attorney, such as Ms. Berger, can give you the peace of mind you need to gather potential solutions to create a viable strategy that allow you to proceed in the best manner possible. Ms. Berger’s clients appreciate the caring, supportive, and confidential atmosphere that she provides, along with her legal ability and experience. Ms. Berger is a sole proprietor and feels that in order to provide her clients solutions to their individual needs, it is necessary to know each one of her clients by name and personally manage every aspect of their case, providing exceptional legal services at competitive rates. Ms. Berger’s exceptional staff has the experience and knowledge to assist her with the essential needs of the clients. Tab: Family Law & Divorce Making a Difference in the Lives of Families is a "no fault" divorce state which means that courts will not go into why a husband or wife want a divorce; it doesn’t matter according to law. The only reason needed for a divorce or dissolution of marriage is that a husband and wife can no longer get along, and there is no reasonable possibility of reconciling these problems. law calls this "irreconcilable differences." Divorce is one of the most devastating things that can happen to a family, and divorce propels adults and children into numerous adjustments and challenges. While spouses divorce each other they obviously do not divorce their children. At the Law Office of Jennifer Berger, we recognize that it is an emotional time of mothers, fathers, husbands, wives and children involved in a legal proceeding and we are dedicated to providing the most effective level of service in a caring and compassionate manner. A divorce is a particularly upsetting event for everyone. This shall address some issues and questions that many people have about the legal process. 1. GROUNDS: has adopted the concept of “incompatibility”, making it unnecessary to prove cruelty, adultery, or other misconduct to obtain a divorce. We must show the Court that the marriage has broken down because of discord or conflicts of personality which destroy the legitimate ends of the marriage relationship and prevent any reasonable expectation of reconciliation. In a few cases it may be appropriate to allege other grounds. 2. LEGAL SEPARATION: Although a legal separation is possible, it is generally not used and increases costs. If you are not ready for a divorce but you want to talk things over with someone, counseling services rather than legal services may be appropriate. 3. RESIDENCE REQUIREMENTS: Prior to filing your petition, you must have resided in for sixty (60) days. 4. STARTING THE PROCEEDINGS: The first step is the preparation and filing of the petition. The petition states the names of the husband, wife, and all minor children; when and where you were married and when you separated; that the residence requirement has been satisfied; and that your marriage should be dissolved. If you and your spouse cannot agree, the petition requests support, parenting time, property and debt division, attorneys fees, and Court costs. 5. WHO SHOULD FILE? There is no legal significance as to whether the husband or wife files the petition, although there may be procedural and tactical advantages for the petitioner. 6. WAITING PERIOD No divorce can be granted until at least sixty (60) days has passed following the date of the filing of the petition. This is a minimum interval except in cases of a certifiable emergency. During the waiting period, I will help you work out the details of custody, visitation, support, and division of property and debt. 7. SERVICE OR WAIVER? After the petition is filed, we must give the other spouse proper notification. One way to do this is to ask the sheriff to hand deliver a copy of the petition to that spouse. Sometimes this is embarrassing and causes angry feelings. An alternative is to have that spouse sign a document called a waiver. A waiver acknowledges receipt of a copy of the petition. I like to use the waiver process if possible. Do not be upset if your spouse refuses to sign a waiver. It is usually easy to obtain service. 8. CUSTODY Custody is decided according to the “best interests” of the child. law has adopted joint custody as the preferred form of custody of minor children. This does not mean the children must spend six months with each parent. It does mean there should be continuing dialogue and consultation between the parents regarding their children and a sharing of responsibility about the children’s welfare, health, and education. In some cases, sole custody to one parent with parenting time by the other parent is better. A fight over custody is guaranteed to be traumatic and expensive regardless of who is the primary residential custodian. 9. PARENTING TIME If you and your spouse can agree to details of parenting time, the Court will usually approve the plan which you have worked out. I encourage liberal parenting time except in extraordinary circumstances. For your child’s sake, try to cooperate and create a good atmosphere for the child’s time with the other parent. Failure to cooperate in parenting time can be used against you. 10. CHILD SUPPORT Child Support is determined according to statewide child support guidelines. The Court can require support of a child only until the age of 18, but you and your spouse could provide by agreement for college education or post high school education. If you have a child with a mental or physical disability, we will want to try to get additional support. 11. PROPERTY DIVISION There is no fixed way to determine how to divide property. Liabilities as well as assets must be considered. Other factors include the nature and extent of the property and how it was acquired; the duration of the marriage; the economic circumstances of each spouse (such as supporting mistress) can be considered. If you and your spouse can agree, and if your agreement is fair, just, and equitable, it will be approved by the Court. If you cannot agree, the Court will divide the property and could order that it be sold or auctioned. 12. TEMPORARY RELIEF If your spouse is being physically abusive to you or the children, refuses to provide reasonable support, or to give you information concerning property, or refuses to permit reasonable parenting time, the Court will hear your evidence and determine if you will get relief while the case is pending. 13. MAINTENANCE Maintenance may or may not be awarded, depending on the circumstances and needs of you and your spouse. Maintenance may be taxable income to the recipient and tax deductible by the person paying. Consequently, it may have certain advantages not present in a property settlement. 14. “UNCONTESTED DIVORCE” Your divorce will be contested unless you and your spouse agree that a divorce should be sought and agree to all aspects of custody, parenting time, support, property settlement, and the payment of liabilities, attorneys fees, and Court costs. If your spouse disputes any of these matters, you do not have an uncontested divorce and a trial will be necessary. There is no jury in a divorce case. Your spouse’s mere failure to sign a waiver will not necessarily make this a contested case. 15. COURT costs are $147.00 if the case is totally uncontested. If there are depositions, pretrial transcripts, and/or investigation, $1000.00 is not unusual. You must pay for these items as the expenses are incurred. 16. FEES The exact fee will vary depending on the services you require. Additional fees are charged for additional personal or telephone conferences, negotiations, frequent telephone calls (especially at home), complicated tax planning and advice (such as maintenance arrangements), and for all other Court appearances. 17. ONE LAWYER FOR BOTH OF YOU It is neither practical nor ethical for a lawyer to represent competing interests. In those isolated instances where you and your spouse have agreed on EVERYTHING, it may be possible for me to draft the documents. Even then your spouse should take the completed documents to an attorney for advice as I can only represent one party. 18. RECONCILIATION Sometimes a divorce seems like the only solution. Often it is not. After a divorce action is commenced, you may decide to change your mind and work things out. 19. CHANGE OF WIFE’S NAME A wife’s former name may be returned to her as part of the final decree at no additional charge. Generally, this should be limited to the restoration of the maiden name when there are not any children, or to the restoration of a former married name when there are children of a former marriage. If your spouse has an unsavory reputation for avoiding debts, criminal activity or the like, a name change may be appropriate. 20. REMARRIAGE You may not remarry anyone except your spouse for thirty (30) days after the divorce is final. 21. DATING Don’t. You’re married. While this is not 1890, your spouse might try to use it against you. If you are already involved and cannot resist, you can make your own decisions, but be prepared to face problems that may arise. Your new friend may be subpoenaed by your spouse’s attorney. Please tell me about any significant relationships when asked. 22. CONFIDENTIALITY I must have all the facts to represent you properly. Anything you tell anyone in my office is strictly confidential and will not be disclosed without your permission. 23. KEEPING YOU INFORMED I will make every effort to keep you informed as the case progresses. You will receive copies of all documents prepared and received by us. 24. OUR PROFESSIONAL SERVICES In performing legal work for you, we provide an experienced attorney, competent staff support, modern equipment, and research facilities. Your legal problems are given our continuing personal attention in an effort to obtain the best results possible in the most reasonable time and at a reasonable cost. Although we are interested in helping you resolve your personal problems, we are not trained to provide counseling services. 25. YOUR RESPONSIBILITIES We expect you to be cooperative and truthful. If you are not, we will not continue to represent you. We also expect you to handle your financial commitments to our office in a prompt and business-like manner. 26. GENERAL SUGGESTIONS Your well-meaning friends may offer you advice about your case. Frequently such advice is not accurate. The facts surrounding your marriage, divorce, children, and property are unique and they differ from every other case. Friends may help with the personal and emotional crisis. Leave the legal advice to us. Divorce proceedings are very emotional. Sometimes one parent will use the children to punish the other parent. Prepare your children for the divorce without poisoning their minds against your spouse. Obtain professional advice if possible. Attempt to cooperate with your spouse where the children are concerned. Discuss support, debt, and property division with your spouse. Be fair. Tab: Paternity Why is it important to establish paternity? Both parents and child have the right to a parent/child relationship. Everyone deserves an opportunity to develop, enjoy and expand a productive and healthy relationship. The emotional benefits of knowing who both parents are, is a positive and productive way to co-parent and allow the child to know that they are part of a family. Establishing paternity identifies the father’s side of the family and may encourage contact with other family members such as grandparents, uncles, aunts and other relatives. Further, this allows for a child to discover and appreciate their cultural heritage from both sides of their family. Legal paternity must be established to request a court order for custody, parenting time (visitation), and child support.Further, if you receive public assistance or if the father initiates legal action, you may be required by law to participate in establishing paternity in the future. Tab: Simple Wills Why you should have a Will/Trust. A Wills is a tool in the process of estate planning. Having an estate plan provides the legal means for disposing of property upon death in a way that recognizes your wishes and the needs of your survivors. Tab: Mediation/Conciliation/Case Management Ms. Berger is interested in resolution and she is dedicated to protecting her clients’ interests in the most efficient manner possible. A big factor in Ms. Berger’s many years of success as a family lawyer is in her willingness to embrace alternative dispute resolution methods, such as mediation and/or conciliation. In fact, Ms. Berger is a certified mediator, conciliator and case manager and has been since 1997. The benefits of Mediation/Conciliation/Case Management is generally less expensive when contrasted to the expense of litigation proceedings. Parties are generally more satisfied with the solutions that they have mutually agreed upon opposed to solutions imposed by a third party decision-maker. Tab: Grandparent Visitation Despite the best efforts and intentions, it is sometimes necessary for grandparents to seek visitation through legal process. It is best then for grandparents to use an attorney familiar with family law issues when seeking visitation. You are encouraged to seek information about the rights of children and acquaint yourself with your own rights as grandparents so that you can determine what would be in the best interests of the child. Tab: PFA’s & PFS’s Protection from Abuse: In 1979 Kansas enacted the Protection from Abuse Act K.S.A. § 60-3101 et seq., which gives persons being subjected to physical abuse the right to seek immediate protection from abuse without filing for divorce, annulment, or separate maintenance and to obtain other criminal or civil relief. The special injunctions issued are called PFAs K.S.A. 1998 Supp. § 60-3101 provides that the Act shall be liberally construed to promote the protection of victims of domestic violence and to facilitate access to judicial protection. The Protection from Abuse Act authorizes immediate ex parte relief for the family or household member, if there is an immediate and present danger of abuse, by prohibiting further abuse and by restraining the offender from entering the petitioner’s abode. Tab: Adoption The most common form of adoption is by a stepparent who assumes financial and legal responsibility for his/her spouse’s child(ren), and the non-custodial parent is released from all parenting responsibilities. Tab: Custody/Parenting Time/ Child Support Child Custody & Parenting Time Legal custody means having the legal responsibility for caring for a child or children. In most cases in , joint custody is awarded to the parents share all or most of the decision-making authority about the welfare of the child or children. Joint custody should not be confused with residency; it does not mean that the child or children must spend an equal or substantial amount of time in each parent's home. A joint custody order often states that one parent is the primary caregiver or residential custodian and that the other parent shall enjoy specific parenting time. Child Support In has child support guidelines by which courts determine child support. The guidelines consider many factors, including the incomes of the parents, other children the parents have to support, health insurance costs for the children and work-related day care costs for the children. The child support guidelines are not the exact method of calculating child support in every situation, and parties can argue that because of special circumstances a court should order more or less support than the guideline amount. Spousal Support In Spousal support or maintenance, as it is commonly known is simply money paid by one spouse to support the other. Most spousal support orders are part of divorce or legal separation cases. Depending on its purpose, spousal support is sometimes ordered for a few years, sometimes until the spouse dies, and sometimes just until the spouse who gets support finds a job. Courts consider many factors when considering spousal support or maintenance including but not limited to: the length of the marriage; the age of each spouse; the health of each spouse; the education of each spouse; the income of each spouse; the standard of living enjoyed during the marriage; and other financial resources.
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