St. Louis County & Midwest Family Law Blog

Many people hope that their child custody issues will be resolved once and for all upon separation or divorce. The truth of the matter, though, is that child custody and visitation disputes can arise long after a couple splits. While Midwest parents need competent legal advocacy when negotiating or litigating child custody matters the first time around, they may also need that assistance when they deal with child custody and visitation modifications.

One commonly seen problem is parental relocation. This issue arises when a custodial parent seeks to move a significant distance away from the noncustodial parent. Of course, many concerns arise in these instances, including how the move will affect the relationship and bond between the child and the noncustodial parent. If the noncustodial parent consents to the move, then conflict may be avoided. However, oftentimes noncustodial parents feel like their relationship with their child is threatened by a proposed move, so they choose to contest the move.

Legal separation is an important tool spouses considering divorce can use to their benefit. Because preparing for a divorce can be a stressful and emotional time, it is helpful for divorcing spouses to ensure all their questions related to the separation and divorce process are answered.

Legal separation is a specific legal process that does not end a marriage but does define the rights and obligations of the spouses while they are legally separated. A legal separation can clarify concerns related to child custody, child support, spousal support and property division for couples that have not decided if they want to divorce but want to live apart. Legal separation can also provide protections for any future earnings of the spouses.

Marriage is an exciting event. In addition to tying two people together emotionally and legally, the process is one that binds finances. This can leave some individuals concerned about their financial future even before the knot is tied. This is because these individuals fear that divorce could leave them in a disadvantageous financial position usually on account of the division of marital property.

Therefore, those who make a considerable amount more than their spouse, or those who expect to possess more assets than their spouse, may want to figure out a way to ensure that they retain a fair share of those assets in the event that their marriage comes to an end. The same holds true for those who may be foregoing a career to stay at home to take care of children. In these instances, a prenuptial agreement may be a viable way to protect financial interests, establish marital financial obligations and put minds at ease.

There's no doubt that divorce can be an emotionally trying process. Individuals who were once in love can find themselves vying over property and time with their children, and they may even fight over matters like child support and alimony. As emotionally devastating as marriage dissolution can be, Missouri and Illinois residents shouldn't lose sight of the fact that divorce is, amongst other things, a financial transaction of sorts. Therefore, failing to protect one's financial interests can lead to unsteady financial footing post-divorce.

Missouri and Illinois both recognize what is referred to as equitable property division. This means that marital assets should be divided in a way that is fair. Yet, this does not mean that assets have to be divided evenly. Instead, a court will consider a number of factors when determining how to split marital assets. Amongst these factors are the financial circumstances of each party, the financial contributions each party made to the marriage, any custody arrangements coming out of the divorce and the parties' conduct during the martial union.