Why you need us?

While it is true that there are many types of lawyers throughout the city it is very important that you hire an attorney that knows the local court system, knows the nuisances of how custody and support are handled, but most importantly you need someone that is dedicated to divorces.

Our family law attorneys all have a dedication to divorce. We understand what you are going through and the difficulties that lie ahead. That is why we have created this website, we want you to know that you are NOT ALONE. You have our team of attorneys as well as our dedicated staff. Please feel free to reach out to us for a free consultation.

Divorce in St. Louis

Introduction
Welcome to the Divorce Law Offices of “Insert Attorney Name” in St. Louis, Missouri.  Our attorneys are dedicated to using their expertise and knowledge of Missouri divorce laws on behalf of their clients.  You, as a client, are very important to us.

Overview
In St. Louis, divorce is known as dissolution of marriage.

  • Uncontested Divorce
    • Do not have to appear before a judge.
    • File papers with the court, and wait 30 days for the divorce to be granted.
    • If you disagree on any marital issues, you can go to court or use a mediator to help.
  • Contested Divorce
    • Cannot agree on marital issues
    • Each attorney will negotiate to settle
    • If an agreement cannot be reached, a trial date will be set
  • Mediated Divorce
    • A trained mediator will help with decisions
    • One spouse needs to hire an attorney to write the Petition for Divorce and file documents
    • The other spouse will have to hire an attorney to review the documents
  • Collaborative Law – Win/Win Outcome
    • Resolving conflicts pertaining to divorce do not have to destroy your family.  You can now focus all your energy on a positive outcome by using collaborative law.
    • You and your spouse, along with your attorneys, talk directly to each other to resolve any and all issues in a conference setting.
    • The conferences take place outside the courthouse.
    • If you reach an agreement, a non-contested dissolution proceeding will take place.
    • Collaborative family law includes:
      • A respectful and private resolution
      • Control over decision-making and scheduling
      • No negativity for you or your children
      • Usually results in joint custody for children

Grounds for Divorce in Missouri

  • No-fault – You do not have to show infidelity of mistreatment.
  • You also have the option to give a cause:
    • Adultery
    • Incompatibility
    • Abandoned for at least 6 months
    • Living apart for at least 1 year – agreed upon by both parties
    • Living apart for 2 years or more

Pre-Nuptial Agreement

  • An agreement is drawn up before the marriage regarding marital property if the marriage ends.

Child Custody
The state of Missouri decides child custody matters based on the best interests of the children.

  • Judges cannot grant sole custody based on a parent’s gender or income.
  • In most cases, both parents will be awarded some custody.  The court considers:
    • Wishes of both parents
    • A parenting plan - agreed on by both
    • If the children are old enough, they relay their wishes
    • Relationship with children, siblings
    • Adjustment to a home, school and community
    • The mental and physical health of the family members
    • Plans to move?  Missouri law does not allow parents to leave before the divorce is final

Physical Custody

  • Where the children are at any given time
  • You are responsible for shelter, food and supervision

Legal Custody

  • The legal responsibility and right to make decisions for your child.
    • Medical
    • Education
    • Etc.

Joint Physical Custody

  • Both parents have time with their children
    • Not always equal time
  • Make legal decisions together

Parenting Plan / Visitation
The court requires that this Plan must be in the best interest of the children.

  • The Parenting Plan outlines:
    • the time each parent will spend with the children
    • sharing decision-making
    • If agreement cannot be reached, a judge or mediator can help.

Child Support
Child support is one of the most belligerent issues in a divorce case.  The state of Missouri uses a specific formula to determine the dollar amount of the support.

  • When awarding child support, the court takes the following into consideration:
    • the income of each parent
    • health insurance
    • day care
    • usually ends when the child turns 18  

Maintenance or Alimony

  • The State of Missouri refers to alimony as “maintenance”.
  • One spouse continues to support the other one.
  • There are two types of maintenance:
    • Temporary Maintenance
      • Received for a fixed amount of time
    • Permanent Maintenance
      • Ongoing until the spouse remarries, dies or the court ends it
  • There are guidelines to determine how much the spouse should received:
    • standard of living during the marriage
    • duration of marriage
    • time needed to train spouse for employment
    • age, of spouse receiving maintenance
    • mental status/health of spouse receiving maintenance

Equitable Distribution

  • Missouri is an equitable distribution state.
    • You must divide all marital assets and debts in an equitable manner
      • Not equal -  just fair
      • Taken into consideration is:
        • Each spouse’s financial situation
        • How much each contributed while married
        • The needs of the children and custodial parent
  • The judge will make the final decision on how to divide all assets and debts.
  • Some of your property could be considered separate property and will not be divided:
    • Anything you acquired before you married or after separation
    •  An inheritance or gift
    • An investment you made before the marriage that increased during the marriage

Conclusion
At the Divorce Law Offices of “Insert Attorney Name” we know that divorce can be very stressful on the entire family.  The decision to file for divorce is a difficult and emotional time for you.  We will work hard for you in reaching a mutual agreement.  We will get you through this!

 

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