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A premarital agreement, or “pre-nup,” is an agreement made before marriage between two soon-to-be spouses. Two differences between premarital agreements and other contracts are: (1) premarital agreements cannot become effective until the parties have actually married; and (2) typical consideration is not required to make the contract effective. Consideration—a basic requirement for making a valid…

Whether you have a paternity case or a divorce case, it is important to understand the difference between legal custody and residency in any domestic matter. In Kansas, legal custody refers to the designation of parental responsibilities for a child. Parental responsibilities include decision making involving health, education, religious training, and general welfare of the…

More often than you might think, I get a call from someone who has been arrested for DUI even though he was not driving. In Kansas, you can be charged with DUI for operating or attempting to operate a vehicle. Operating a vehicle under the influence means driving — it requires actual movement of the…

Common law marriage is one of those legal topics that is often discussed but seldom understood. In 2013, Kansas is one of very few states that still recognizes common law marriage. In Kansas, a couple is considered to have a common law marriage if: 1) The parties are over the age of 18 years; 2)…

I have represented people charged with DUI for well over a decade. I can count on my fingers the number of times in which I have suggested that a client should not request a hearing to challenge the suspension of his or her driver’s license.  Those cases involved extremely unique circumstances. In almost every case,…

It is common for a divorcing parent to worry about losing his or her child in a divorce — or that a divorce means he or she won’t be as important in his or her child’s life as before. Kansas courts generally believe that a child has a right to have access to both parents….

A jail sentence for DUI can be commuted to house arrest. A person on house arrest must stay in his residence at all times except when specifically permitted by the court to leave. Courts generally permit people on house arrest to go to and from work. In many cases, courts also allow people on house…

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