Divorce
A divorce is a method of ending a marriage between two individuals. A divorce will divide a couple's assets and debts. A divorce will also determine the care and custody of the children. Before a divorce is granted there are five issues that need to be resolved. They are:
If the parties cannot agree on any of the basic issues, a contested divorce exists. When a divorce is contested, the couple may proceed through all phases of litigation including trial before a family court judge. It is important to consult with an attorney before deciding which method is right for your situation.
Child Custody
Whether you are going through a divorce or a paternity action you will need
to determine what is the best situation for your children. I can assist you
in formulating a custody plan that will best serve the needs of you and
your childen.
Child Support
Child support is money paid by a non-custodial parent to a custodial parent
to assist in the support of the minor children. The amount of child support
a parent will receive is based upon a child support guideline, called a form
14. The amount of support is based upon the financial means of the parents
and the needs or expenses of the child.
Modification of Judgment
After a divorce or paternity judgment is made, the situation of the parties
can change dramatically. If there is a change in circumstances involving
child support, custody or visitation it will be necessary to file a "motion
to modify" with the court.
Paternity
A paternity action is necessary when a child is born to parents who are not
married. A paternity action is important to a father who wants custody and
visitation rights with his children. Mother’s also benefit by having the
court determine child support, custody and visitation. Paternity actions
can bring stability to both parents and the children.
Division of Property
There is no fixed way to determine how to divide property in a divorce
proceeding. There are various factors the court looks at when determining
how to divide a parties property. If you and your spouse can agree on how
your assets will be divided and if your agreement is reasonable, it will
most likely be approved by the court. It is also important to consider the
tax consequences when dividing property and assets.
Order of Protection
If you have been a victim of physical or emotional abuse, you can request
that the court grant you an Order of Protection (OP). An OP will prevent an
individual from harassing or stalking you, either in person or by telephone. An OP is good for one year.
Alimony or Maintenance
Maintenance is money paid by a spouse to a former spouse to assist in the
support of the ex-spouse. This was formerly called alimony. Maintenance
terminates on the death of either spouse or the marriage of the receiving
spouse. Maintenance can be modifiable or nonmodifiable and can be for a set
number of months or years. There are no mandatory guidelines or charts to
determine how much maintenance is appropriate.
Contempt
In some instances it may be difficult to get the other party to comply with
the court’s orders. In such instances I would ask the court to find the
other party to be held in contempt. Contempt findings can lead to jail time
or a change in custody.
Name Changes
Whether you are an adult wishing to change your own name or a parent wishing
to change the name of your child, I can make this an easy and affordable
matter.
Adoption
I can assist you in a step-parent adoption or an adoption concerning a child
in Missouri’s foster care system. I do not handle international or agency
adoptions.
Guardianship of Minors
If you have a minor child that you are responsible for and is residing with
you, I can assist you in obtaining a guardianship of him or her. A
guardianship grants you legal and physical custody of a child. However, it
is not a permanent situation and the biological parents can petition the
court at any time to reverse the guardianship.