Family Law
1. How long does it take to get a divorce in the State of Missouri?
If the divorce is not contested, a divorce can be obtained 30 days after the papers have been filed with the court, and a copy served on the other spouse. However, if the divorce is contested, it may take a year or more before the divorce can be completed. After a consultation, we will be able to give you an estimate of how long it will take to get a divorce.
2. What is a contested divorce?
Unlike an uncontested divorce where you and your spouse have reached an agreement on every issue, a contested divorce is when you and your spouse are unable to agree on all or even one of the issues. The issues generally tend to fall in the following categories: First, whether or not a divorce is to be granted; Second, how property and debts will be divided; Third, custody and visitation with the children; and fourth, whether there will be any maintenance and/or child support and the amount to be paid.
3. How much does a divorce cost?
The cost of the divorce is broken into two separate areas. The “costs” and the “attorney fees.” The “cost” or “court costs” as they are sometimes called, are the amounts of money you must pay to a process server to serve papers on your spouse, and the amounts which must be paid for other necessary expenses. These other expenses can include the cost of hiring a court reporter, to write down questions and answers, and certain proceedings called “depositions”. Sometimes expenses must also be incurred for accountants or other experts. The attorney will discuss these costs with you to get your prior approval. The attorneys fees in most cases are directly related to the amount of time the lawyer will have to spend on your case. Most of the time, the divorce case is billed out as an hourly rate. Therefore, if your divorce involves a great deal of disagreement between you and your spouse, it is likely that your attorneys fee will be higher than if there is a general agreement. The attorneys fee and the amount of retainer that may be required will be discussed with the attorney at your initial consultation.
4. Is there is an advantage to me filing the divorce petition first?
In most cases, there is no major advantage to filing the divorce petition first. It used to be that in custody cases, the parent who filed first was automatically granted custody of the children until the court made further orders. The Missouri Legislature has done away with that rule and now the law provides that no matter who files first, the child is to stay in the home where they have resided over the last 60 days. At the initial consultation, the attorney will discuss with you whether there are other advantages of filing the divorce petition first.
5. What is marital property and debt and how are they divided?
Marital property and debt is anything that is acquired during the course of the marriage by you and your spouse. Marital property is not limited to real estate, but also includes personal items such as clothing, jewelry, furniture, appliances, and other like items. There are exceptions to what is considered marital property, and that will be discussed with you when you meet with your attorney. It is also important to know that once you file your divorce petition, you are typically not allowed to sell or give away any item of property that is marital or even disputed to be marital. In dividing your property and debts, the Court is going to look at making a decision which is most equitable and fair. Usually, this means an equal split of the property and debts. There are exceptions to this which will be discussed with you when you meet with the attorney.
6. How does the court determine custody of the children?
If you and your spouse are unable to reach an agreement as to how custody and visitation are to be set up, the Court is forced to make this decision for you. There are two prongs to custody. The first is physical custody. Physical custody is who actually has the child. In other words, where will the child live. The second type of custody is legal custody. Legal custody is a determination of who is going to be making decisions for the child as the child grows up. These decisions may include schooling, religion, medical care, and extracurricular activities. As a general rule, the court will typically award joint legal and physical custody to both parents. By doing this, the Court is saying that both people are fit and proper to raise and nurture the child. However, they will usually designate one parent as the residential custodian. The residential custodian is the home base for the child for educational and mailing purposes. The other parent will then receive what is called temporary periods of custody, visitation and/or parenting time. The idea of parenting time/visitation is to allow the other parent meaningful contact with the child. This does not necessarily mean equal time. There are other types of custody arrangements than joint custody. These include shared, split, sole, and third party custody. Also, some cases may warrant supervised visitation for the non-custodial parent. The attorney will need to thoroughly discuss with you your specific situation in order to assess what type of custody and visitation you should be requesting.
7. How is child support calculated?
Child support is a monthly dollar amount paid by the non-custodial parent to help support the child. The money may be used by the custodial parent for anything that benefits the child. Although the parents can agree on a monthly amount of child support, the Missouri state legislature has enacted child support guidelines which compute a presumed amount of child support. In order to calculate the child support, we will need both parties’ gross income and numerous other expenses for the child. Generally, the presumed amount of child support is what the judge will order to be paid, unless the parties reach and agreement as to a different amount.
8. Can the divorce decree be modified?
Yes, a divorce decree can be modified in certain situations. The areas that can be modified are child support, custody, and visitation. Sometimes it may be appropriate to modify maintenance. You cannot modify property division. There is no specific time frame set as to how long you have to wait before you can modify the divorce decree. However, it can be very difficult to modify a divorce that was recently entered. The attorney will discuss with you whether your situation would warrant a modification of the decree.