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St. Louis County & Midwest Family Law Blog

What is a family care plan in a military divorce?

Unfortunately, those serving in the armed forces suffer from a large variety of marital problems. Forced separations combined with the stress of deployment affect service members as well as their spouses and children. When these issues cannot be resolved, many military marriages sadly end in divorce.

Getting a divorce can be complex regardless of your status, but for active-duty military families, divorce is especially complicated. All military branches do what they can to help families through divorce. One way they do so is by requiring all families to create a family care plan. When deployment occurs, these plans address the care and the rights of children born into military families.

You can seek more than half your property, but is it fair?

You and your spouse have kept most of your assets separate. During your marriage, you focused on buying the things you needed for yourself and they bought what they needed for themselves. It was rare that you'd invest in anything that was truly shared, other than furniture or appliances.

Now that you're divorcing, you find it shocking that your spouse is trying to keep many of the assets you purchased during the marriage. You had always thought that they'd be reasonable, but all of the assets you've acquired after your marriage are technically marital assets that they can seek in the divorce.

How does divorce affect property in Missouri?

96133659_s.jpgNo one is thinking about it when they say their vows, but roughly half of people who get married end up getting divorced. Divorce is usually not quite so simple, as people need to recreate individual lives with their own assets. So who gets what assets?

How does Missouri work out property division in a divorce?

Act quickly when you can no longer afford to pay child support

95954076_s.jpgGetting a court order determining the amount of child support you must pay does not always mean you can afford the payments. However, you cannot simply stop making your payments, as this would result in significant legal consequences. It may also affect your relationship with your children.

In our experience serving Saint Louis County families, we have learned that nearly all parents want to provide for their kids. Unfortunately, life sometimes has an annoying way of making it hard to accomplish this goal. Losing a job, having your work hours reduced, facing a personal medical emergency - all these circumstances and many others can affect your ability to meet your child support obligations.

If you're worried about parental kidnapping, you can get help

38465419_s.jpgYou've always worried that your spouse would try to run away with your children. They'd had some issues in the past where they'd go out for too long and not return the kids on time. Once, it was a full day later before you finally got a call from your ex to say that they were on their way.

The panic that you feel every time that happens is unfair and unacceptable. If your ex-spouse is not bringing your children to you or meeting you at an appropriate drop-off point on time, they're violating your custody order.

Why would I need to claim child custody?

22160564_s.jpgWhen it comes to your child, you leave nothing to chance. Didn't you grow a new set of nerves the day your kid was born? Their pain becomes your pain, and you end up caring about little more than their well-being. So, what happens when you have to stand up for your right to be a full parent?

  • Why would I need to claim child custody?

Separated parents in Missouri may have to submit a plan for child custody to a court in order have a divorce approved. If they do not work it out amongst themselves, a court may have to decide for them. Fathers who recently proved paternity may also have to file a claim.

  • How do I get started?

Unexpected benefits often accompany Missouri legal separations

94733290_s.jpgMaking the difficult decision to end a marriage requires careful consideration. A divorce seems final and, in most cases, it is final. Rushing into divorce can turn into a big mistake for couples who are not 100% certain ending their marriage is the best option.

In Missouri, couples can seek a legal separation instead of a divorce. Although it may seem like a temporary solution, separation can be advantageous in some cases. One of the biggest advantages is giving couples time and space to consider the possibility of saving their relationship. However, it also offers several other benefits, many of them unexpected.

Can't divide your assets? A judge will do it for you

103894815_s.jpgDivorce is tricky for even the calmest couples, because there can be a large amount of money or a great number of assets at stake. Since Missouri is an equitable distribution state, judges can decide how to divide your property for you in a way that they believe is fair based on your contributions to your marriage.

To avoid having a total stranger divide your assets, it's a good idea to work with your spouse to divide your property instead. Some of the assets you may need to divide include:

  • Your home
  • A vacation home
  • Timeshares
  • Furniture
  • Artwork
  • Debts
  • Bank account holdings
  • Stocks
  • Retirement accounts

Child support is vital for a child

122993497_s (1).jpgThe concept of child support is very broad, as it takes a lot of people to create the right environment for kids. However, there are only a few people who are directly responsible for a child's safety and upbringing. In most cases, these are parents, but what if they can't support a child together?

There are many concepts in the law and society that help divorced or separated parents work out their differences and give a child the best chance at a happy childhood. They include child custody as a clarification for how children will be raised,

Understanding what the 'best interests of the child' doctrine

33414638_s.jpgParents involved in a divorce worry about how it will affect their children, especially when it comes to child custody. Some of the specific concerns divorcing parents in Saint Louis County experience include:

  • Will my divorce damage my children mentally and emotionally?
  • How can I know what custody arrangements are best for my kids?
  • Will my past mistakes affect my child custody rights?
  • What if my spouse tries to take our children away from me?

We know that you might not trust the court enough to make important decisions on behalf of you and your kids. While this is understandable, you may take comfort from knowing that courts across the nation strive to put children of divorce first under the best interests of the child doctrine.

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Other Office Locations

  • Saint Louis County: 120 S. Central Ave., Suite 450, Clayton, MO 63105: Clayton Office
  • West County: 16024 Manchester Rd., Suite 103, Ellisville, MO 63011: Ellisville Office
  • Jackson County: 256 NE Tudor Rd., Lee's Summit, Missouri 64086: Lee's Summit Office
  • Jefferson County: 16 Municipal Drive, Suite C, Arnold, MO 63010: Arnold Office
  • St. Charles County: 2268 Bluestone Drive, St. Charles, MO 63303: St. Charles Office
  • Franklin County: 5 S. Oak St. Union, MO 63084: Union Office
  • Lincoln County: 20 Centerline Drive, Troy, Missouri 63379: Troy Office
  • Boone County: 1506 Chapel Hill Rd., Suite H, Columbia, MO 65203: Columbia Office
  • Greene County: 901 E. St. Louis, Suite 404, Springfield, Missouri 65806: Springfield, MO Office
  • St. Clair County: 115 Lincoln Place Ct., Ste. 101, Belleville, IL 62221: Belleville Office
  • Madison County: 25 Professional Park, Suite B, Maryville, Illinois 62062: Maryville Office
  • Sangamon County: 400 S. 9th St., Suite 100, Springfield, IL 62701: Springfield Office
  • McLean County: 1012 Ekstam Drive, Suite 4, Bloomington, IL 61704: Bloomington Office
  • Johnson County: 7300 West 110th Street, Suite 560, Overland Park, KS 62210: Overland Park Office
  • Sedgwick County: 2024 N. Woodlawn Street, Suite 407, Wichita, Kansas 67208: Wichita Office
  • Shawnee County: 800 SW Jackson Street, Suite 812, Topeka, Kansas 66612: Topeka Office
  • Tulsa County: 6660 S. Sheridan Road, Suite 240, Tulsa, Oklahoma 74133:  Tulsa Office
  • Oklahoma County: 2601 NW Expressway, Suite 411 W, Oklahoma City, OK 73112:  Oklahoma City Office
  • Monroe County: 116 W. Mill St., Waterloo, IL 62298 (by appt. only): Waterloo Office
  • St. Louis City: 100 S. 4th St., #549, St. Louis, MO 63102 (by appt. only): St. Louis Office
  • Jackson County: 2300 Main St., #948, Kansas City, MO 64108 (by appt. only): Kansas City Office

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