Family Attorney(s) in Missouri, Illinois, Kansas, Oklahoma and Nebraska
Family law is a unique area of practice. At Stange Law Firm we handle only family law matters because of the tremendous need for lawyers who focus in this area. The Stange Law Firm lawyers have various backgrounds and past experiences. These lawyers have the staff and resources to help with your case to move it forward and respond to your inquiries. When you are going through a divorce or family law matter, it is important to have a firm with the resources to help.
Regardless of how serious your case is, we encourage our clients to be level minded and inform your attorney about your case. This can be difficult because of the emotions going on in the case. We try to represent effectively for our clients so that they can focus on what matters most — taking care of their families.
We handle cases related to all facets of divorce and separation, as well as division of property and debt, and domestic violence. We are also prepared to handle the complex financial matters that often affect families in high net worth divorce.
We also handle many other family law matters, including but not limited to:
- Divorce: Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
- Legal Separation: There are some instances where married parties are separated, but are unsure whether their marriage can be reconciled or may later need to be dissolved. We can help with a legal separation if this is the case.
- Annulment: In certain circumstances, a party may be able to seek an annulment if they were fraudulently induced into entering a marriage.
- Collaborative Law/Mediation: If you are looking for an amicable resolution to your divorce or family law matter, we have attorneys who can help you with a collaborative family law case or mediation.
- Prenuptial and postnuptial agreements: These agreements help couples make critical decisions about their relationships, just in case. While prenuptial agreements are drafted before a marriage, postnuptial agreements are drafted during the marriage, usually when circumstances change.
- Paternity: With approximately forty-percent of all children being born out of wedlock, we represent numerous unmarried parents in child custody and child support disputes. These cases are the twenty-first century divorce and extremely common.
- Guardianships and conservatorships: We also represent clients in matters of guardianships and conservatorships, helping them protect the people they love — especially when those people can no longer care for themselves. Our work in this area often involves people facing physical and mental illnesses, alcoholism and addiction.
- Fertility and surrogacy: We can help clients negotiate fertility and surrogacy agreements, drafting and executing all related documents as well as resolving any conflicts that may arise.
- Step-parent adoption: We represent parents in step-parent adoptions, which usually occur when a parent marries or remarries after the birth of a biological child. Step-parent adoptions help bring families closer together by creating a solid family unit.
- Adoption: We are honored to represent clients who wish to adopt a child into their family.
- Minor emancipation: In some cases, minors do best when they are given the rights and responsibilities of adults. We assist in minor emancipation, representing both teens and their parents.
- Grandparents’ rights: attorneys at our firm also handle grandparents’ rights issues such as child custody, guardianship and grandparent adoption.
- Appeals: We represent parties in appeals of adverse family court judgments, including divorce, child custody, child support, maintenance and grandparent visitation.
- Child Support : We represent clients in matters involving child support.
- Child Custody : We represent parents in child custody disputes.
- Juvenile Matters : We represent parties in juvenile matters involving the Division of Family Law Services.
- Modifications: We assist clients in modifying prior child custody and child support judgments when the facts call for it.
- Contempt : We help clients in contempt of court matters as well as family access motions .
- Military Divorce : We are proud to represent service members in divorce and family law matters.
- Name Change : If you are seeking to legally change your name, we can help.
- Orders of Protection : We can help you in legal proceedings involving restraining orders.
What is Family Law in Missouri, Illinois, Kansas, Oklahoma and Nebraska?
Family law refers to the practice of helping individuals with family relationships. It includes helping families pick up the pieces of their lives, while guiding them through this difficult time. Family law matters may include the divorce, child custody and child support matters, adoption, paternity, and father’s rights issues. Because of the nature of these matters, family law cases tend to be very emotional and strenuous for the parties involved. At Stange Law Firm, PC, our attorneys are there to help clients through this difficult process. Family law practice may involve any of these following topics:
Divorce in Missouri, Illinois, Kansas, Oklahoma and Nebraska
Divorce is the process of breaking the bonds of marriage. When parties get married, they form a legal relationship. If they decide that they would no longer like to be a part of this relationship, they must file the necessary paperwork with the courts.
Based on the state in which the divorce is being filed, the rules and procedures may vary. While all states allow for no-fault divorce, some states require a period of separation. Know that most states also have residency requirements that come into play when filing for dissolution.
Each state has their own guidelines for how to divide assets and debts in a divorce, but the rules are similar in most states. In most cases, the court looks to make an equitable division of the assets. This doesn’t necessarily mean dividing the assets are equal for both parties. The court can look at things like the parties’ contributions to the marriage, the length of the marriage and the needs of each party after the divorce. Misconduct such as infidelity or domestic abuse can also play into the court’s decision in terms of property and debt division and spousal maintenance.
Divorce is Civil Litigation in Missouri, Illinois, Kansas, Oklahoma and Nebraska
Divorce cases are heard in state court. Similar to other forms of civil litigation, parties may work to gather evidence through depositions, interrogatories and subpoenas. Parties may also participate in mediation sessions, the collaborative process and other forms of conflict resolution. In many scenarios, cases may settle prior to a trial. However, some cases that involve contested divorces, high-assets, and certain other factors may have to go to trial.
Maintenance and Spousal Support in Missouri, Illinois, Kansas, Oklahoma and Nebraska
One of the most difficult issues in a divorce case is often maintenance and spousal support (previously referred to as alimony). Some states use a formula in order to determine the amount of support. In other cases, it’s left to the judge’s discretion. Even in cases where the court uses a formula, like in Illinois, it’s still important to make sure that the court uses the proper procedures in order to arrive at the correct amount of support.
One of the considerations for spousal support is the length of the marriage. Other factors include the parent’s ability to pay support and the amount of debt that was jointly accumulated. The court also takes into account the age of the parties involved and their ability to work. Finally, they may consider the misconduct of either party, especially where there is a financial impact. The family attorneys at Stange Law Firm, PC work to present evidence of these factors to the court in order for them to be able to reach the best possible result.
Pre and Post-nuptial Agreements in Missouri, Illinois, Kansas, Oklahoma and Nebraska
A prenuptial agreement is a contract that parties sign before they get married. Prenuptial agreements should contain detailed descriptions of the significant property and debts owned by each partner. Depending on the nature and complexity of these assets, a prenuptial agreement can be just a few pages – or a few hundred. At Stange Law Firm, we draft each prenuptial so that it meets the exact needs of our clients. There are some matters that can’t be included in a prenuptial agreement like child custody and child support agreements. Otherwise, the parties can create an agreement that outlines matters like separate property, distribution of the assets and spousal support in the event of a divorce. When the parties enter into this kind of agreement after they get married, it’s a postnuptial agreement.
Child Custody in Missouri, Illinois, Kansas, Oklahoma and Nebraska
Child custody is one of the most deliberated and emotional areas of family law. When it comes to custody of the child, most states base their decisions around the best interests of the child. The court takes into account which parent has the greater relationship with the child, whether or not each parent can provide a stable home environment for the child, and whether either parent has a history of substance abuse or a criminal background.
If a parenting plan can be established by the parents, the court will usually follow this agreement. However, if the parents cannot agree, the family attorneys at Stange Law Firm, PC will present evidence to the court regarding the child’s best interests. This might involve presenting school records, testimony of a psychologist or substance abuse counselor, criminal records and even medical records. Our attorneys will work to gather the necessary evidence, while also ensuring to consider the rules of evidence that are applicable in the particular local jurisdiction.
Legal and Physical Custody in Missouri, Illinois, Kansas, Oklahoma and Nebraska
Most states divide custody into legal custody and physical custody. Physical custody is who actually, physically has the child at any given time. Legal custody is who makes major decisions about the child. Physical custody and legal custody can be shared between the parties, or the court may award primary custody to one of the parents. It’s also possible to share one type of custody without sharing the other. Some states, like Illinois, however, refer to physical custody as parenting time, while legal custody is referred to as allocation of parental responsibilities. In Illinois, this is referred to as parenting time and the allocation of parental responsibilities.
It is imperative that family attorneys understand how the courts determine custody in their jurisdiction because rules between states can vary slightly. The family attorneys at Stange Law Firm, PC help their clients understand the law and form realistic expectations so that they can make wise decisions as their case moves forward.
Child Support in Missouri, Illinois, Kansas, Oklahoma and Nebraska
Children have the right to support from both of their parents. The purpose of child support is to provide the child financial resources as if their parents lived under one roof, although it is common in most child support matters that the child’s parents live in separate households. The courts presume that the parent who cares for the child will provide direct support for the child.
Each state has their own respective formula for calculating proper child support amounts. Most of these formulas factor in each parent’s income, the allowable tax deductions and other expenses, a child’s health insurance expenses, and whether they have child care needs. Certain states also factor in how much time each parent spends with the child, although this is not common practice by all states.
The family attorneys at Stange Law Firm, PC work with their clients to ensure the child support is fairly and accurately calculated. If the other parents attempts to hide income, or is unemployed by choice, an experienced family attorney can assist their client in showing the entire situation. A family attorney also reviews the calculations made by the court to ensure that no errors were made that could result in an unfair and inaccurate calculation of child support.
Abuse and Neglect Proceedings in Missouri, Illinois, Kansas, Oklahoma and Nebraska
Another sensitive area of family law practice involves abuse and neglect. If the state is under the assumption that a parent is not able to properly care for a child, they may choose to begin abuse and neglect proceedings. The state may represent a parent that is accused of abuse or neglects, or they might even represent a child.
When family attorneys represent clients in abuse and neglect proceedings, they are working to help defend their client against the reports of abuse or neglect, or they are helping their clients regain custody of their children by assisting them in complying with services and other requirements. Because the standard for terminating parental rights is high, family law attorneys work hard to advocate for their clients in a situation where the state is seeking to terminate those rights.
Do I Need An Aggressive Family Attorney in Missouri, Illinois, Kansas, Oklahoma and Nebraska?
Sometimes, individuals indicate that they want an aggressive family attorney to represent them in their case. The reality is that aggression is rarely persuasive to a family court judge. What most clients should seek in a family law attorney is somebody who cares and who provides competent, communicative and diligent representation.
What About the Cost?
From our webpage, you can also read articles about family law, view informational videos, seminar videos, listen to our podcast, download our mobile application or view child support calculators for Missouri, Illinois and Kansas.