After receiving an Order in a divorce judgment of spousal support or alimony, which is referred to as maintenance in Missouri family courts, many times there are questions and concerns surrounding the term of these maintenance payments and whether they can ever be altered.
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As a family law practitioner one of the most common explanations, given by new clients, as to why they have remained in an unhealthy and often times oppressive marriage is the feeling of being financially trapped due to the unknown financial consequences if they leave the marriage . This is typically due to either one parties’ almost exclusive reliance upon the income of his or her spouse to provide for the family’s financial needs; or that the financial circumstances of the parties lead a client to believe that a divorce or legal separation will only cause more financial hardship. In those circumstances, client’s may elect to stay in the relationship in hopes that by doing so they can address their financial problems prior to addressing their marital problems.
In today’s blog we take a broad look at the potential financial impact of divorce and some specific tools which are available to address both the short- term and long- term needs of a client.
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In Part I of our most recent blog we discussed how important it is to determine an attorney’s level of experience with family law and those specific issues which are of particular importance to the client. Further, we addressed how important it is that potential clients evaluate their comfort level with the attorney and his or her staff. The client should feel confident that the attorney: has a good understanding of the client’s unique situation; that they are able to communicate to the client a legal strategy to assist them; and that the attorney and staff have the competence to execute that strategy. In today’s blog, we cover the importance of evaluating the attorney’s familiarity with the venue in which the divorce will be pending and the particular judge who may be presiding over that divorce. We will also discuss the importance of having a clear understanding of the billing practice of the attorney and the attorney’s office.
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Choosing the right attorney to help assist and guide you through the divorce process is critical. But, what do you need to know when you first meet an attorney to help you make the correct choice? In this two-part blog we examine 5 factors that are critical in this process.
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In 2012, alone, there were 41,494 reported incidents of domestic violence in Missouri according to the Missouri State Highway Patrol. In today’s blog we examine the use of an Adult Order of Protection as a tool against the perpetuation of domestic violence.
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In our previous blog we discussed the difference between sole legal custody and joint legal custody and the importance of having a well drafted parenting plan. In today’s blog we discuss those factors that will be considered by your family court Judge in determining legal custody in a contested custody case.
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In Missouri the general concepts involved in an award of sole legal custody or joint legal custody can be simply explained. However, prior to accepting a specific legal custody arrangement, Missouri parents should be aware that the specific language contained in their court order regarding legal custody can have a significant impact on both their interactions with their child’s other parent and with those involved in their child’s medical care, education and extracurricular activities.
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The answer to a broad question such as this obviously depends on the type of assets a client possesses and what his objectives are. But, the place to start evaluating the answer is to begin with an understanding of why a revocable living trust can benefit a client and his family relative to other non-probate transfer tools.
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Often clients get confused with the concept of misconduct and what impact it may have in the outcome of their Missouri divorce. Some of this confusion may be due to the accepted legal principle of Missouri as a no-fault divorce state. However, this is a separate and distinct concept from marital misconduct. Misconduct during the marriage can impact the financial outcome of your divorce.
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In 2013 we covered many issues relating to child custody in our blogs including those specific factors your judge must consider when entering an order of child custody. In today’s blog we will discuss both practical and specific information every party in a child custody case in Missouri should know.
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St. Charles Divorce Lawyer Blog