Articles

Child Support Beermann v. Jones, 524 S.W.3d 545 (Mo. App. W.D. 2017): Husband and Wife dissolved their marriage in November of 1998. At that time,

I. Child SupportSwanson v. Hernandez, 544 S.W.3d 315 (Mo. App. E.D. 2018): Father had three child support orders for three separate children of three separate

Motions in Divorce With Examples – Multi-State Divorce Lawyers I. Emergency Motions A.  Restraining Orders & Habeas Corpus A temporary restraining order (TRO) prevents irreparable

Below is some Missouri law involving paternity cases. This summary includes some relevant statutes and applicable case law. These are just some examples of reported

When do parents terminate their parental rights? Can the court terminate the parents’ rights? What factors are considered when terminating parental rights? In Missouri, termination

DIVORCE CASE INTAKE AND PRE-LITIGATION TACTICS Client Interview Questions and Documents to Obtain In any type of legal interaction between a family law attorney and

IV. ETHICS Fee Agreements- Review a Sample Agreement Practical Tip: All family law attorneys should have a written fee agreement with their client before undertaking

Divorce can be an incredibly draining and stressful experience. Whether it’s a mutual decision, contested, or involves minimal shared property, divorce always holds the potential

Below is some Missouri law involving guardianships. This summary includes some relevant statutes and applicable case law. These are just some examples of reported cases

I. Employability Assessments in Divorce – What You Need to Know The purpose of evaluation is to assess current and/or future employability and wage earning

Parents are allowed to change their child’s name. Both parents must give written consent for a court to grant the name change. Missouri courts will

BASIC MEDIATION SKILLS Understanding Conflict Conflict, or more specifically, interpersonal conflict, is a fact of life. It often emerges when people are stressed. It is

I. OVERVIEW – WHO CAN BE ADOPTED AND WHO CAN ADOPT? Adoption is the legal process that constructs a parent/child relationship between an adult and

A. Confidentiality Concerns A Lawyers’ duty of confidentiality is one of the profession’s “core values.” The ethics duty of confidentiality extends far beyond the evidentiary

a. Real Estate and Valuation Experts – Areas Ripe for Examination One of the major issues in a divorce is dividing marital or community property,

I. Community vs. Separate Property A stock option is a contractual right to purchase stock during a specified period at a predetermined price. Increasingly, corporations

I. NEW DISCOVERY LAWS, RULES, AND PROCEDURES YOU NEED TO KNOW A. Discovery Rules Update In 2015, the first time since 2006, amendments regarding e-discovery

DEPOSITION STRATEGIES IN DIVORCE Handling the Divorce Deposition in Comparison with Other Depositions Anyone who can be a witness at trial can be deposed, including

I. Researching the Opposing Party’s Experts in Divorce: The deposition of an expert witness is the culmination of the opposing party’s defense or prosecution theory

Best Tool is Tax Returns Probably the best tool for tracking down cash and other hidden assets is tax returns. This is because even a

I. Overview of Business Organization Structures When a married couple gets a divorce and one of the spouses owns a business that business is often

I. Understanding the Valuation Process and the Law One of the major issues in a divorce is dividing marital or community property, and it can

Child CustodyDavis v. Davis, 582 S.W. 3d 100 (Mo. Ct. App. W.D. 2019): Husband filed a petition for dissolution of marriage requesting that he and

I. Case Law Update: The Latest Decisions Affecting Your Practice A. Same-Sex Marriage and Custody It is important to first establish the same-sex cases that

A. Open Adoption and Ongoing Contact Agreements1. Drafting Tips, Checklists, and Forms   Adoption is the permanent, legal transfer of all parental rights to another

I. Types of Divorce Experts and What They Do A child custody evaluation is a process in which a mental health expert, usually a psychologist,

1. Settlement Negotiations In negotiations, multiple strategic goals need to be met to be successful. They include: Determining whether a bargaining zone exists – that

III. Valuing and Dividing Complex Assets: Stock, Retirement Plans, and More A. Stock Options: How to Value, How to Distribute and When A stock option

1. What is mediation? During mediation, a qualified mediator assists both parties in agreeing by discussing different options for settlement and helping each party to

Top Mistakes in Valuing and Dividing Real Property: A. Farmland and Divorce Traditionally, farms are acquired by gift or inheritance by or through family members.

What is Parental Alienation Syndrome (PAS)? A definition of alienation is a child who expresses, freely and persistently, unreasonable negative feelings and beliefs (such as

1. Strategies for Getting Evidence Authenticated Beyond Set Criteria Guide There are multiple methods for getting your evidence authenticated for your case. The conventional methods

A. What is “Imputed” Income? Imputed income is income that a court assigns or credits to a party for child support and/or spousal support. Income

Many parents who go through a divorce and child custody dispute are left feeling defeated when everything has been finalized. This is especially true for

A. AVOIDING CONFLICTS OF INTEREST Conflicts of interest can pose a serious problem if not properly handled from the start of a lawyer-client relationship in

A. Recouping Attorneys’ Fees All attorneys should have a written fee agreement with their client before undertaking any representation in a divorce or family law

a. Overview of Irrevocable vs. Revocable Trusts A trust is an agreement that is held by one person (trustee – person who manages the trust)

If sole physical and legal custody is awarded, that parent gains substantially more physical time and has the ability to make final decisions for the

A. Annulment vs. Separation vs. Divorce: I. Annulment By annulling a marriage, the court makes it so it is as if the marriage never existed

Below is some Missouri law on child custody (and joint custody in particular). This summary includes some relevant statutes and applicable case law. These are

Below are some Illinois laws involving guardianships and voluntary relinquishment. This summary includes some relevant statutes and applicable case law. These are just some examples

Tax Treatment and Consequences of Divorce – Multi-State Divorce Lawyers a. Taxation of Asset Transfers 26 USCA § 1041: Transfers of property between spouses or

Rules, Procedures, and Changes You Need to Know 1. Rules and Procedures for Getting Evidence Authenticated & Admitted Fed. R. Evid. 901 states that to

KIRK C. STANGE, ESQ. * Special thanks to Emily Donaldson, Alicia Kapolis, and Primrose Mungwari for helping prepare these materials. ENCRYPTED TEXT MESSAGING PLATFORMS Recovering

I. The 2017 Tax Cuts and Jobs Act – An Overview of What’s Changed Treatment of Pass-Through Income From a Business The 2017 Tax Cuts

Below is a list and synopsis of some important family law appellate decisions that have come out in Missouri in 2014 and 2015.  These cases

Tax-Free Asset Transfers – 26 USCA § 1041 (a) General rule. No gain or loss shall be recognized on a transfer of property from an

a. Obtaining Full Financial Disclosure Probably the best tool for tracking down cash and other hidden assets is tax returns. This is because even a

a. Discovery How-to’s and Pointers The conventional ways to obtain information in divorce proceedings are well known: (1) Interrogatories; (2) Requests for Production; and (3)

Below is some Missouri law on motions to modify. This summary includes some relevant statutes and applicable case law. These are just some examples of

Illinois Law Summary: Educational Expenses and College Costs Below is some Illinois law involving educational and college expenses. This summary includes some relevant statutes and applicable

Below is a law summary regarding child custody cases in Illinois where abuse and temporary custody motions can interplay.  This is an issue that can