W. Irving Shaw
411 Commercial
Emporia, KS 66801
620-343-8368
Call for Appointment: 620-343-8368

Areas of Practice

Legal issues usually arise at the worst possible time, I understand that you have other priorities, and that you need someone who can take care of your legal problem with the least possible disruption to you and your family.

book and gavelThis page explains my practice areas so you can learn more about your legal issues.

Personal Injury

  • Auto Accident
  • Slip and Fall
  • Insurance Claim
  • Tort Laws

If you or someone you love has been injured, you know how complicated life suddenly becomes. My goal is to make at least one part of your recovery as easy as possible. When you are injured through the carelessness or recklessness of another, maybe through a car crash or other accident, the law says that the responsible party owes you financial compensation for your injuries, lost wages, medical expenses, and other hardships. Your family may also have a right to compensation. I can guide you through the legal process and maximize your compensation. Whether you are hurt by a car accident, a slip and fall or a defective product, remember - you are owed this money. At this difficult time, you need to focus on your physical and mental recovery. Let me take care of your legal recovery.

Family Law

  • Divorce
  • Custody
  • Property Division
  • Child Support

Family law matters can be emotionally draining, particularly when children are involved. Divorce, custody, and support all concern the most basic human relationships: husband and wife and parent and child. When a family law issue occurs, it is important to remember that these are legal relationships, as well as emotional bonds. You have rights and responsibilities in those relationships that will be protected or enforced by the court.

"25-Cent Spiel On Getting a Divorce In the State of Kansas"

Kansas is basically a no-fault state. The primary reason for getting a divorce in the state of Kansas is incompatibility. Parties are incompatible when one or the other of the parties decide that they no longer want to be married. Once incompatibility is shown to the court, the court is required to grant a divorce.

The process you go through is that the spouse desiring the divorce files a petition with the district court. The petition has to be verified and the person filing the petition is usually called the Petitioner. The petition and the summons then has to be served on the responding party who is called the Respondent. He / she has 20 days in which to answer.

There is a 60-day waiting period between the time that the divorce is filed and the time that the hearing can be conducted. In the intervening period either party can request temporary orders. Temporary orders are such things as restraining orders to keep the parties from bothering or molesting each other either at work or wherever they might be; deciding of temporary custody of children, if any; determining what amount of child support will be paid pending the divorce; determining whether maintenance or alimony will be acquired; and restraining the parties from disposing of assets. Temporary orders can be required when the divorce is filed and they too must be served upon or delivered to the Respondent.

During the 60-day waiting period it is hoped that the parties can come to an agreement on issues such as custody, division of property, division of debt. If they can, the agreement is formalized into a property settlement agreement, which if the court approves as fair, just, and equitable is adopted as the orders of the court. Regarding division of property and debt, the court must come to a fair, just, and equitable division. It does not necessarily mean a 50 / 50 split, but generally it is going to be pretty close.

Regarding child custody, the primary custody arrangement in the state of Kansas is called joint custody. Joint custody means that each parent has equal access and say in how the child is going to be raised, access to medical records, authority to consent to medical treatment, access to school records, etc. If the parties cannot agree on a custodial arrangement, the court must do what it decides is in the best interest of the children.

Custody arrangements can be as varied as the parties want to make them. It can be a true shared custody situation where the child spends equal time with each parent. It can be a custodial arrangement where they have joint custody with a principal place of residence with one or the other parent and visitation time or parenting time with the non-custodial parent, or it can be sole custody.

Once the parties proceed to hearing, the court will enter a divorce decree. The actual document is usually prepared by the Petitioner's attorney and submitted to the court. The actual divorce is not effective until 30 days after the decree is signed and filed with the court. Any marriage contracted during that 30-day period is voidable.

Probate / Estate Planning and Administration

  • Wills and Trust Estate
  • Guardianship
  • Conservatorship
  • Real Estate

It may be hard to think about how your family would deal with your affairs and finances after you pass away, but it is essential to do so. Estate planning allows you to impact the future by directing how you would like your property and assets distributed upon your death. Clients may chose to do this by having us help with preparing a will or establishing one of many kinds of trusts. Without proper planning, your estate could go to the government or to people who you did not choose.

Bankruptcy

The Provisions of the US Bankruptcy Code provide consumers and businesses with opportunities to "get out" from under crushing debt burdens or financial problems, which may have inadvertently arisen in the past. Whether the
problems are related to too much debt, a drop in income, or some unforeseen circumstance or medical emergency which have saddled the consumer or business with unanticipated and non payable balances due, there is a myriad of ways to tackle the problem, from liquidation of the debt (Chapter 7) or reorganizing the debt (Chapter 13 for individual wage earners) or more complex Chapter 11 filings for enterprises and individuals with complex situations. There are many possible ways to save your home or business from insolvency, and our staff can help you accomplish your long-term goals. We are a debt-relief agency and we help people file bankruptcy under the bankruptcy code.

Criminal Defense

  • Drunk Driving
  • Driving while Suspended
  • Possession and Delivery
  • Possession with Intent to Sell
  • Rape
  • Child Abuse, Molestation and Neglect Proceedings
  • Larceny
  • Shoplifting
  • Receiving Stolen Property
  • Auto Theft
  • Assault with a Dangerous Weapon
  • CCW Violations
  • Juvenile Crimes
  • Neglect Petitions
  • Violation of Probation and Parole
  • Bond Hearings
  • Criminal Appeals
  • Sentence Appeals

Chances are, you have never been charged with a crime before. Whether you have been charged with a felony or "just" a misdemeanor, you now face a process that carries with it the possibility of real and permanent consequences. Criminal defendants often do not know how serious their own situation is. You should know that whatever the charge is, it is serious and needs to be addressed. A conviction for even a "minor" charge can lead to jail time, fines, or both. And your conviction will become part of a criminal record that can cost you employment and financial opportunities in future. Now, as never before, you need to fight to protect your rights, and you need a skilled criminal defense attorney who will stand up for you.

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