Alimony, which is called “maintenance” in the state of Missouri, is an award made by the court requiring one spouse to provide financial assistance to the other spouse after divorce. This is support for the spouse and is distinct from child support. There is no specific formula for deciding if one spouse will get alimony, but Missouri statutes outline the general requirements a court must follow when deciding on an award of maintenance. First, the court will determine if the spouse seeking maintenance has a need for it in light of his or her property and income. The first step is to determine ..read more

When you are getting a divorce, it is important to understand how the courts in the state you are living in divide property between the spouses. Typically, the court will value the property and then divide it between the spouses. In contrast to states like Missouri where the court can only divide property acquired during the marriage, Kansas law allows the court to divide all the property either spouse owns at the time of divorce, regardless of when each spouse acquired it. The courts will often set aside to each party his or her premarital property as individual property, but it is important ..read more

The short answer is yes. However, it is important to first understand if you actually have a valid common-law marriage. Contrary to popular belief, only some states still allow common law marriages, and they have various requirements for what constitutes a common-law marriage. In states that still allow it, common-law marriage is a legally binding marital relationship between two people without the requirements of obtaining a marriage license and having a marriage ceremony. In general, the requirements of common law marriage are capacity to marry, an agreement to be married, and that the parti ..read more

To use a lawyer’s typical answer to any legal question: it depends. There are a lot of factors that contribute to the amount one will spend on a divorce, such as whether the divorce is contested or uncontested, whether other professionals are required, such as a Guardian ad Litem, custody evaluator, business appraiser, etc., and how long the divorce process itself takes. If a divorce is uncontested, the process should be relatively quick without substantial legal costs. However, if the divorce is contested, the process will likely take more than a few months and involve substantial costs. Lawy ..read more

Substance abuse is often a major factor in the breakup of marriages, and clients need to know how the presence of substance abuse will affect their case. When it comes to the division of assets and the financial aspects of a divorce, substance abuse typically won’t affect the Court’s ruling unless the spouse with substance abuse issues has used significant marital funds to support the addiction. On the other hand, substance abuse can have a substantial impact on the issues of child custody and parenting time. While simply drinking alcohol is not prohibited in normal parenting plans, if there i ..read more

If you are moving to Missouri from a different state and have a child custody order you want to make sure can be enforced or modified, it’s important to register it in the state of Missouri as a first step. To do this, one must first send to the court: (1) a letter requesting registration of the child custody order; (2) two copies of the child custody order, with one being certified; (3) a verified statement from you that to the best of your knowledge, said order has not been modified; and (4) your name and address, along with the name and address of the other parent who is also involved in th ..read more

Divorced parents often ask questions about whether they have a duty to advise their ex-spouse of changes in income that might affect child support. While there is no such requirement in Missouri, there is a duty to notify in Kansas. Kansas Judges are required to follow the Kansas Child Support Guidelines, which direct how child support should be calculated. The Guidelines also direct when and what factors make child support modification appropriate. According to the Guidelines, either a material change in circumstances needs to be shown or the passage of three years is required for a child sup ..read more

A common question clients ask when beginning a divorce is, “How long is this going to take?” While there is a range of possibilities and no definitive timeline for all divorces, there are some factors that will have a definite impact on the timeline. Contested or Uncontested Divorce When spouses have reached an agreement on the substantive aspects of their divorce, they will likely not need much intervention from their attorneys, the court, or outside parties to aid in negotiation. It is much quicker to memorialize an agreement and process it through the Court than to have to negotiate all asp ..read more

If you are paying or receiving child support, there may come a time when child support needs to be reevaluated and either increased or decreased. There are a few reasons a court may decide that a modification is appropriate. In Missouri, the standard for modifying child support is whether there has been a substantial and continuing change in circumstances that renders the terms of the current order unreasonable. In Kansas, the standard is whether there has been a material change in circumstances. Kansas will also allow child support to be reevaluated every three years without the need to show ..read more

Going through a divorce or separation can be a difficult time for the entire family. Regardless of the age of your children, they will face changes, so here are some things you can do to help them move forward: Have a plan. Speak with your spouse about when and how you will discuss your divorce or separation with your children. Consider doing so on a day that allows for some family time and for your children to process the news. If it is extremely difficult for you and your spouse to agree on how to talk to your children, it may be wise to get input from a counselor on the best way to do so. T ..read more