St. Louis Divorce Lawyer & Family Law Attorney
Divorce & Dissolution of Marriage
In the dissolution of a marriage, a divorce represents the process in which the assets, debts and other matters relating to a marriage are resolved. In addition to the division of debts and assets, divorce procedures also determine the custody, care and future any children. Divorce procedures vary from state to state and in Missouri, divorce law cases can be handled by the St. Louis Cantor Law Firm (serving St. Charles, the City of St. Louis and St. Louis County among other areas). Before a divorce is granted The Cantor Law firm addresses these five areas:
- Alimony or Maintenance
- Property and Debt Division
- Custody
- Visitation
- Child Support
If one or more of any of the preceding points cannot be agreed upon, a contested divorce is said to exist at which point the couple may consider litigate (that can also result in a trial in a family court). State statutes can be complex and a favorable outcome can depend on legal experience as well as knowledge in these often complicated areas of the law. As part of any effort to obtain the best possible result, consulting with a family law attorney such as St. Louis Attorney, Amy Cantor, can help you to better understand your options and to greatly improve the possibility of a satisfactory conclusion in a divorce or separation case.
Legal Separation
In some situations a divorce is not desired or requested and the individuals in a marriage may wish to pursue a separation in which they do not go through the divorce process but they become legally separated. While sometimes confused or overlapped with issues concerning divorce, legal separation also can be just as complex and an experienced family law lawyer can provide you with the assistance you need to pursue this option.
Alimony or Maintenance
Once known as “alimony,” maintenance represents financial support made by one spouse to a former spouse. Maintenance can be modified to reflect changes in the marital status of a spouse such as a in the case of life events as the marriage of the receiving spouse or the death of either spouse. Conditions such as a set time frame (a specific number of months or years for example) or the ability to be modified are all part of the maintenance agreement. Unlike child support, the calculation of maintenance is not governed by guidelines or laws with respect to determining appropriate financial support for an ex-husband or ex-wife.
Division of Property
While there are no set methods to use in determining how property should be dividing in a divorce proceeding, there are a number of factors that courts in Missouri and St. Louis look at in making a decision about how to divide property held by a couple. If you and your spouse can agree on how your assets will be reasonably divided, you have a higher chance of having that decision approved by a family court. Before arriving at a conclusion however, we recommend evaluating the tax considerations that can sometimes result in a negative long-term outcome.
Restraining Orders & Contempt
Restraining Order - Order of Protection
To help protect yourself from future occurrences of physical or emotional abuse, if you have been a victim of either of these you can request court protection (also known as an Order of Protection or more commonly, as a restraining order). A protection or restraining order legally prevents stalking or harassment by the individual named in the order for the period of six months or up to one year. It is important to note that a protection order applies to both harassment and stalking in person or by phone. If you feel that you need an order of protection or a restraining order in St. Louis or in the state of Missouri, contact the Cantor Law Firm for a consultation.
Contempt
It is sometimes difficult, if not impossible, to have a spouse comply with the court rulings or court judgments. In these cases, Amy Cantor can request that the court hold the other spouse or ex-spouse in contempt (which can lead to jail time or a custody modification).