Marriage, Seperation and Divorce

Marriage

Couples sometimes enter in pre-nuptial agreements or separation agreements to avoid disputes in the event of divorce. Such contracts can deal with property rights, support, child custody and visitation. You may be able to enter into such agreements before or during marriage. Unmarried couples living together sometimes use a contract to specify their expected rights and responsibilities, and may enter into agreements similar to the o­nes used by married couples.  If you have any questions regarding such agreements, feel free to give us a call.

Separation

Separation agreements routinely specify who, in the event of divorce, will have custody of children, and stipulate the frequency and duration of visits by the other spouse. Pre nuptial and separation agreements can also address various contingencies such as selling your home and valuing o­ne another’s interest in pension plans. Such contracts might also require that a spouse pledge property to be forfeited for failure to comply with the agreement.

Divorce

Unfortunately, most divorces involve more than the simple breaking of the marriage contract. People have children when they marry.  Sometimes they even have them before they marry (or sometimes even when they don't marry.) Child custody issues can be extremely complex and very emotionally trying for all parties concerned. Support is a legal responsibility which can become financially burdensome even when it is fairly applied.

Under the law, support is not o­nly available for the children but support may also be available for a spouse who is without resources to maintain themselves until the marriage is dissolved and possibly for some time after the divorce is final.    Such support may cover a short period of time after the divorce is granted to allow the receiving spouse to recover financially by either getting a job or obtaining training or education which will enable the spouse to support him or her self.   Missouri does not allow for permanent support (alimony).

Property issues may also be quite difficult to determine.  Which party receives what items of property takes a great deal of negotiation between the parties and often can o­nly be finally resolved by the court.  Increasingly, couples are utilizing no fault divorce provisions as a manner of simplifying matters and cutting the costs of securing a divorce. Many times the parties are able to agree o­n the collateral issues we've discussed and avoid lengthy and expensive hearings.

And what does a Divorce cost? Filing fees, those moneys paid to the Clerk of Courts for filing or to the Sheriff for service of papers or to the stenographer for preparation of transcripts, etc., range between $150.00 and $250.00. The money you pay to your lawyer for his expertise can range from a minimum of $750 o­n upwards, depending upon the number of problems which you present, the value of your estate and the unreasonableness of your spouse.  We request a minimum retainer as set by the circumstances of your case and then bill at an hourly rate for work performed.