In a non-contested divorce, one spouse retains an attorney who represents ONLY that spouse. Husband and wife must decide how to divide the property, debts, and custody if there are minor children involved. The attorney drafts the necessary documents to file with the court and represents one spouse at the hearing.

In a contested divorce, husband and wife cannot agree on how to divide their property or custody of the children. Both husband and wife need to retain separate attorneys. The lawyers negotiate on behalf of their respective clients to attempt to settle the case. If the attorneys cannot reach a mutual agreement, the case is set for trial.

A mediated divorce is one in which the divorcing couple attends sessions with a trained mediator who facilitates their decision-making. Paperwork reflecting these decisions is drawn up by the mediator and reviewed by the parties. At least one party must hire an outside attorney to draft the Petition and file the documents prepared in mediation. The other party has the option of hiring his or her own outside attorney to review the documents. Costs for the attorney’s services vary, but can be as low as a $600.00 flat fee for a divorce that has been mediated.

Collaborative law is a new concept for resolving legal issues in a non-adversarial manner. It differs from mediation in that each party hires his or her own advocate from a pool of collaborative law attorneys, rather than sharing one mediator. The attorneys agree to assist their clients in resolving dissolution issues without litigation. The attorneys and parties negotiate a settlement in a cooperative, non-adversarial manner by meeting face-to-face at four-way settlement meetings. To ensure that all parties are working productively toward settlement, each party must sign a contract with his or her respective attorney. The contract provides for full and honest disclosure of all pertinent information, financial or otherwise. If a party stonewalls or withholds information, he or she is guilty of breaking the collaborative law contract and the process is halted. In addition, the process is generally more cost-effective and less time-consuming than typical legal battles. The clients themselves are in control and, as a result, fear and anxiety are greatly reduced.

Child Custody

Missouri statutes provide for two parts of custody of children: legal custody and physical custody. Legal custody refers to the decision making rights and responsibilities including education, religious upbringing and medical care.

Physical custody and visitation refers to the actual time each parent spends with their children. Joint physical custody may mean that each parent has the children one week at a time, or two weeknights and every other weekend. What is important is that the custodial arrangements meet the needs of your family and two separate households. Our law firm is committed to assisting our clients in finding what will work for them and their children.

Orders of Protection

If you are being threatened or harassed by a family member or someone with whom you are intimately involved, you may want to seek protection through the courts by filing an Order of Protection, or an Adult Abuse Order.  Such orders may be filed on behalf of a minor child as well. Often a judge will enter a temporary order (ex parte order) until the alleged offender is served with the petition and hearing date. An ex parte order will be in effect until the court conducts a full hearing on the petition.

If you have been served with an order of protection, it is important that you seek legal counsel to understand the implications of a temporary order, and to enlist legal counsel at the scheduled hearing.

Prenuptial Agreements

Prior to entering into a marriage, a couple may desire to enter into an agreement for the distribution of their property in the event the marriage is dissolved. Prenuptial agreements are not strictly for the wealthy. Businessman, professionals, home owners, single parents and grand parents may all benefit from entering into an agreement prior to marriage. The parties can stipulate that wages earned during the marriage remain separate, or that a house purchased by one party before marriage will remain the property of that individual if they divorce.

Because prenuptial agreements can be such powerful tools, you should not sign an agreement if you have not had an opportunity to thoroughly review the agreement and accompanying financial disclosure documents and consulted with an attorney to determine if the agreement is right for you. The negotiations should take place well in advance of a wedding, and ideally, both parties will have counsel, thus increasing the likelihood that the agreement will be held up should it be later disputed in court.

Guardianship of a Minor

A guardian is someone other than a parent who can be appointed by a judge to make decisions for a child until the child reaches age 18. A guardian may be named in a will, or can be appointed by Court, and has the same responsibility of a parent to provide the minor child with food, clothing, shelter, education, and generally provide for the child’s well-being.

Stepparent Adoption

Stepparent adoption is a common form of adoption whereby a stepparent assumes financial responsibility of the child of his or her spouse, and the non-custodial parent is removed from all responsibility. If the non-custodial parent is deceased or consents to the adoption, the process is much easier to complete than a non-relative adoption.

Enforcement of Family Law Judgments

If your former spouse fails to meet his or her obligations under the terms of a Family Court Judgment, you may need to take action to enforce the judgment. Garnishments or liens may be filed for money judgments, including spousal or child support. Motions for contempt or family access may be filed for denial of visitation. If a party fails to contribute to educational, medical or other expenses as required by a judgment, you may need to file a motion to request the Court determine the amount due by that party.