Overcoming Your Most Difficult Divorce Challenges
Divorce isn’t about winning or losing – it’s about moving from one phase of your life to the next. As for custody, the goal is to find a custodial agreement that serves the best interests of the child/children. The law advises that each parent should have frequent and meaningful time with the children. Determining how to navigate an appropriate custodial arrangement takes individual attention between you and your lawyer. Often, resolving differences between parents to formulate an acceptable custodial agreement is best for you and your children, and addressing your concerns and disputes in an amicable manner promotes a positive future for you and your children. Other times, it is necessary for a judge to decide custodial terms in a trial. In either type of situation, our lawyers have the experience and skill to be effective advocates for you.
As to the division of assets and debt, those issues also deserve individual attention. At times, finding an agreeable solution with your spouse provides the most effective outcome. Other times, it is necessary to have a judge decide issues with a trial. In either event, our lawyers have the experience and skill to be effective advocates for you.
At Rogers Sevastianos & Bante LLP, our family law attorneys help people throughout the Greater St. Louis area who are considering divorce or are experiencing other issues. We focus on problem-solving and working with you to seek effective and sensible solutions for difficult issues. We concentrate on planning for your family’s long-term future and making choices that support your goals.
Effective Counsel In All Divorce And Family Law Matters
Over years of experience, our knowledgeable Missouri and Illinois divorce attorneys have successfully handled hundreds, even thousands of divorce, custody and family law cases throughout the Saint Louis area. They know the divorce process and the local courts, and this allows them to give you an accurate picture of how your divorce case will most likely proceed.
We are dedicated to helping you with any divorce matters you may have. Our attorneys are experienced in a variety of divorce and family law areas to ensure the most favorable outcomes for our clients’ cases.
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, child custody, relocation and other issues.
How Are Assets Divided During A Divorce?
Like most states, Missouri follows the “equitable distribution” model of property division. This means that assets/debts classified as marital property need to be divided equitably, which is not necessarily the same as equally. Judges could award one spouse a greater share of the marital estate based on a range of considerations.
Marital property is generally considered to be property/assets/debts obtained by either spouse during the marriage (with a few notable exceptions). Anything acquired by either spouse prior to marriage would typically be considered separate property and not subject to division in divorce.
How Our St. Louis Divorce Lawyers Can Help
We know that there is no one-size-fits-all solution for every divorce. Our divorce attorneys are passionate about partnering with clients, understanding their situation and providing them with the tools to make well-informed decisions about their divorce-related issues.
We have helped clients recover favorable outcomes for cases involving the following divorce-related matters:
Contested Vs. Uncontested Divorce
Uncontested divorces are situations where both parties are in agreement with the terms of the divorce. However, if both parties cannot come to an agreement on the terms of the 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:
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 business law and other areas, combined with our experience in family law, makes us uniquely qualified to handle a wide range of issues that arise in dividing assets and debts and 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
- Qualified domestic relations orders (QDROs)
- 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. Whether you are the wage-earner facing maintenance payments or the stay-at-home parent seeking a fair award of maintenance, our attorneys understand the complexity and nuances of what the judges will look at to determine a maintenance award.
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.
Child support is often calculated using a specific 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 the custodial parent decides to relocate, this could affect child custody and visitation rights. If a parent wants to move away for longer than 90 days and take the children, that parent first has to provide the nonmoving parent with a notice prior to the move. If adequate notice is not given, the court could modify custody and visitation rights.
Whether you are a parent seeking to relocate or a parent that has received notice from the other parent of their intention to relocate, our attorneys understand the issues involved and can properly advise you as to the risks involved, potential outcomes and sensible resolution.
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 Servicemembers 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 Premarital 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.
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 in legal separation. 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, contact us online or call our team at 314-884-8991 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.