St. Louis Divorce Lawyer
When a couple says, “I do,” most people believe that their union will last until “death do them [us] part.” Nobody goes into a marriage expecting that one day they may decide to go their separate ways, but sadly, almost half of marriages in the United States end in divorce.
Filing for divorce is a big step and not one that should be taken lightly. Before making your decision, it is important to understand the types of divorce and the legal issues that will be involved.
If you and your spouse are contemplating divorce, you may feel anxious and hesitant. Before taking matters into your own hands, your first step should be to reach out to a St. Louis divorce lawyer.
Missouri is a No-Fault Divorce State
Missouri is considered a no-fault divorce state. In a no-fault divorce, neither person needs to show that the other spouse is at fault for the breakup of the marriage. Missouri recognizes a divorce if only one party believes the marriage is “irretrievably broken.”
Despite this, “fault” matters when it concerns the well-being of children or the assets of a divorce. Our law firm will also be ready for the family law attorney who wants to allege fault to “dirty you up” before the family law judge.
Divorce versus Legal Separation
Legal separation in Missouri has a “trap door.” There are two basic differences between a divorce and a legal separation. First, a legal separation in Missouri ‘decides’ the same things that a divorce ‘decides,’ except the court does not ‘dissolve the marriage’ because there is no declaration by one of the parties that “the marriage is irretrievably broken.” A legal separation is attractive to some people because they believe they can continue on the other party’s health insurance while living separately, or for religious reasons, or to please the other party with an overly generous division of property. They might not understand the “trap door.”
Ninety (90) days after the court enters the legal separation, either party can convert it to a divorce without modification of the terms of spousal support, division of property, terms concerning the custody or support of children.
Marital Settlement (or Separation) Agreement
In Missouri, a couple can divide their property, decide terms of spousal support, payment of attorney’s fees by signing a marital settlement agreement, also called a marital separation agreement. The ‘MSA’ doesn’t require the signature of your attorney and doesn’t have to be signed by a judge to be binding on you and your eventual divorce. DO NOT SIGN ANYTHING before you call this law firm.
A fully executed MSA will control the following and other issues:
- Defining the separately owned property or debt
- Dividing the property and debt acquired during the marriage
- Deciding whether either party pays the attorney’s fees of the other
- Defining spousal maintenance obligations
- Describing equalization payment for division of marital property
- Deciding how to award jointly held real estate
Alimony or Spousal Maintenance
Part of the divorce settlement may include the higher-earning spouse providing financial support to the other spouse. In many states, this is referred to as alimony, but Missouri refers to it as spousal maintenance.
The court will examine the following factors in determining spousal maintenance:
- The financial resources of the party seeking maintenance
- The ability of the party to meet his or her financial needs independently
- The time needed for the party seeking maintenance to acquire education or training to find employment
- The earning capacity of each spouse
- The standard of living during the marriage
- Each spouse’s assets and debts
- The length of the marriage
- The age, physical health, and emotional health of the spouse seeking maintenance
- The ability of the higher-earning spouse to meet his or her financial needs while providing for the spouse seeking maintenance
- The conduct of each spouse during the marriage
- The lifestyle during the marriage (on the original order)
- Any other relevant factors
Parenting Plan
A parenting plan describes all the responsibilities for the parties for the custody and support of the children. It includes:
- Custody schedules
- The Missouri Form 14 calculation of child support
- A description of the health insurance obligations of the parents
- Language describing the major, every day and emergency decisions
- Part of the statute that controls when one of the custodial parents decides to relocate
- College or post-secondary education support
Your needs matter. Deciding to part ways with your spouse does not mean that you should sacrifice elsewhere in your life. We strongly believe that you deserve to live in comfort while paving your own path following divorce.
Providing for Your Children’s Financial and Emotional Needs
Children are always heavily impacted by divorce. At The Law Office of Gordon K. Rea, we know that children remain a bright light, even during the chaos of divorce. We will work with you to make sure that your children are getting the financial support they need while ensuring that you maintain financial security.
The courts believe that children feel most stable with both parents involved in their lives. Even if you are unable to make financial contributions, we will work within the parameters of the law to make certain that you have access to your child or children. Doing what is best for your family is our number one goal.
Reach Out to Our St. Louis Divorce Lawyer Immediately
Whether you have started the divorce process or are considering terminating your marriage, we want to hear from you. To learn what our St. Louis divorce lawyer can do for you, feel free to reach out by calling 314-396-7177 or by contacting us on our homepage. Initial consultations are free.
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