St. Louis County & Midwest Family Law Blog

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.

Getting 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.

When 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?

Divorce 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