Arnold, Missouri Family Law Attorneys in Jefferson County

What is Family Law in Arnold, MO?

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. 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 assist their clients through this difficult process. Family law practice may involve any of the following topics:

Dissolution in Jefferson County

Dissolution 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 dissolution is being filed, the rules and procedures may vary. While all states allow for no-fault dissolution, some states require a period of separation. Be advised that most states also have residency requirements that come into play when filing for dissolution.

Each state has its guidelines for how to divide assets and debts in a dissolution, 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 is 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 dissolution. 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.

Dissolution is Civil Litigation in Arnold, MO

Dissolution 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 be settled before a trial. However, some cases that involve contested dissolution, high assets, and certain other factors may have to go to trial.

Maintenance and Spousal Support in Jefferson County

One of the most difficult issues in a dissolution case is often maintenance and spousal support (previously referred to as alimony). Some states use a formula 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, it’s still important to make sure that the court uses the proper procedures 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 consider the misconduct of either party. The family lawyers at Stange Law Firm, PC work to present evidence of these factors to the court for them to be able to reach the best possible result.

Pre and Post-nuptial Agreements in Arnold, MO

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. Some matters can’t be included in a prenuptial agreement like parenting time and support agreements. Otherwise, the parties can create an agreement that outlines matters like separate property, distribution of assets, and spousal support in the event of a dissolution. When the parties enter into this kind of agreement after they get married, it’s a postnuptial agreement.

Parenting Time in Jefferson County

Parenting time is one of the most deliberated and emotional areas of family law. When it comes to determing this, most states base their decisions on 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 lawyers 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 Care in Arnold, MO

Most states separate a child’s care into two parts: physical care and legal authority. Physical care refers to who is responsible for the child’s day-to-day schedule and presence. Legal authority involves who makes major decisions about the child’s upbringing. These responsibilities can be shared, or the court may give one parent primary responsibility. It is also possible for parents to share one aspect without sharing the other.

Practitioners in this area must understand how courts in their jurisdiction make these determinations, as the rules can vary slightly between states. The family lawyers at Stange Law Firm, PC help clients understand the law and set realistic expectations so they can make sound choices as their case moves forward.

Financial Support for Children in Jefferson County

Children have the right to receive financial help from both parents. The purpose of these payments is to ensure a child has the resources they need, similar to what they would have if their parents lived in one household, even though it is common for parents to live separately. Courts generally presume that the parent providing daily care offers direct financial support.

Each state uses its own formula to determine appropriate payment amounts. These guidelines often consider each parent’s income, allowable tax deductions and expenses, a child’s health insurance costs, and any childcare needs. Some states also account for how much time each parent spends with the child, although this is not universal.

The family lawyers at Stange Law Firm, PC work with clients to ensure these financial obligations are calculated fairly and accurately. If the other parent hides income or chooses not to work, an attorney can help present the full picture to the court. A lawyer also reviews the court’s calculations to ensure no mistakes lead to an unfair outcome.

Abuse and Neglect Proceedings

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 who is accused of abuse or neglect, or they might even represent a child.

When family lawyers represent clients in abuse and neglect proceedings, they are working to help defend their clients against the reports of abuse or neglect, or they are helping their clients regain possession of their children by assisting them in complying with services and other requirements. Because the standard for terminating parental rights is high, family lawyers work hard to advocate for their clients in a situation where the state is seeking to terminate those rights.