In either a divorce or separation agreement, many factors can come into play. We are prepared to assist you with all divorce-related matters, including property division, spousal support/alimony, child support, and child custody and visitation.
How Our St. Louis Divorce Lawyers Can Help
Contested vs. Uncontested Divorce
Uncontested divorces are situations where both parties are in agreement to the terms of the divorce. However, if both parties cannot come to an agreement on the terms of divorce, the situation is considered a contested divorce. Uncontested divorces cost less than contested divorces and are generally finalized sooner due to a lack of court hearings and back and forth negotiations.
Some of the most common issues that spouses tend to disagree on, leading to contested divorce include:
- Child Custody
- Distribution of Assets
- Spousal Support
- Child Support
- Allocating Debt
Regardless of whether a divorce is contested or uncontested, you need to consult an experienced attorney about your situation. Our St. Louis divorce attorneys can fight for your rights, guide you throughout the process, and ensure that your best interests are protected.
Division of Marital Property and Debt
In today’s tight economy, a large percentage of our divorce clients are concerned about the division of marital property and debt, particularly what will happen to the family home. Our background in real estate law, combined with our experience in family law, allows us to provide solutions that protect your best interests.
When dividing marital assets, we are able to handle concerns including:
- Division and sale of the family home and other real estate interests
- Division of pensions, retirement plans, 401(k)s and IRAS
- Division of business or partnership interests
Spousal maintenance, also known as alimony or spousal support, is one of the more difficult issues in a divorce. We assist clients whose divorces include the possibility of spousal maintenance. For example, in a long marriage where one spouse earns wages and the other stays home to raise children, it may be necessary to allow the stay-at-home parent a chance to build up their earning capacity.
Child Paternity, Support, Custody, Relocation, and Visitation
Paternity has legal consequences for the mother, the father, and the child. Once paternity is determined, in a divorce, a man can be held legally responsible for child support and responsibility, and both the mother and father can fight for custody and visitation rights.
In Missouri, child support is calculated using a formula. It is possible to get a variation from the child support formula if applying the formula would be unjust or unreasonable for any reason.
Child custody and visitation plans are called parenting plans in the state of Missouri. Parenting plans establish a child’s place of residence and primary guardianship and determine the time that each parent will have with the child.
If a parent decides to move to a different state, this could affect child custody and visitation rights. In Missouri, if a parent wants to move away for longer than 90 days and take the children, that parent first has to provide the non-moving parent with notice 60 days before the move. If adequate notice is not given, the court could modify custody and visitation rights (§452.377).
High Asset Divorce
When divorcing couples have significant assets, there is a lot at stake. From real estate and investments to businesses, retirement accounts, and other liabilities, we will make sure that your best interests are protected during this time. We work closely with clients involved in high asset divorces to make sure that they have the resources and support needed to bring their situation to a positive, beneficial resolution.
With deployments, unpredictable work hours, and rigid travel schedules, military divorces are unique and complex. Our attorneys can help you with property division, child support, spousal maintenance, and any other family law matter that needs to be addressed. We understand the Servicemember Civil Relief Act, 10/10 rule, and the Uniformed Services Former Spouses’ Protection Act, and exactly how to use these policies to protect your rights.
Prenuptial agreements can save both parties time and money in the event of a divorce. However, Missouri has not adopted the Uniform Prenuptial Agreement Act (UPAA), which strictly enforces prenuptial agreements. In Missouri, if a spouse rejects the agreement during divorce due to unrealistic conditions, stating that they did not voluntarily sign the agreement, citing the inaccurate value of all assets and debts, or other reasons, a prenuptial agreement may not be enforceable by the courts. If this occurs, our experienced family law attorneys are here to help protect your rights.
Under Missouri law, a legal separation is a court recognized formal separation of spouses that protects the financial and legal rights of both parties but is not a final end to the marriage. Like in a divorce, child custody, distribution of assets, allocating of debt, and other matters are addressed. Our attorneys can ensure that you are fully informed of your rights and options.
PDLs can offer a sense of stability to children amidst the stress and uncertainty of divorce. We can help produce a PDL that grants a temporary custody order and temporary Parenting Plan (including spousal maintenance and child support), as well as sets boundaries for who has possession of the marital residence and other assets during this time.
Contact Our St. Louis Divorce Attorneys for a Free Consultation
If you need an experienced family law attorney to handle your divorce, call or contact our experienced divorce lawyers at (314) 354-8484 for more information. We provide free consultations, either by phone or in-office, as well as flexible appointment scheduling, with evening, weekend, and off-site appointments available for your convenience. We strive to keep our divorce fees reasonable.