Divorce and disagreement seem to go hand in hand. Many people feel that there is no way to avoid unpleasantness while ending a marriage. The truth is, while it may not be easy or even guaranteed, it is possible. A person who finds him or herself in a family law court in Missouri can try to take advantage of common threads that can lead to a more amicable parting.
A person who is already more self-reliant will likely have an easier time being alone after a marital breakup. By working on strengthening independence skills, an individual may be able to survive and thrive post-divorce. Keeping communications as friendly as possible can also be a great help. This can be a challenge, but by keeping it friendly and fair, and not overdoing it, a person can usually find a more peaceful way to settle with a soon-to-be ex.
There are definitely circumstances that just may not be within an individual's control, but can still affect a divorce nonetheless. A person who's children are already raised and educated will probably have less to fight about with a spouse than someone who needs to settle custody and support issues. If a person is part of a couple that does not have to manage mental health or addictions issues, this also may aid the process of separation.
Family law matters don't have to be traumatizing, even though they are in some cases. When a person puts forth his or her best effort to understand the process and be kind, usually that effort will reap a reward. An experienced and knowledgeable divorce attorney can be a valuable resource for folks in Missouri as they try to prepare for this important and challenging life transition.
The process of divorce can be a challenging time when two individuals determine how the shared property will be divided. After the dust clears, one or both partners could be left with a sum of funds that will need to fully or partially finance their lifestyles for years to come. By choosing to invest one's portion of the marital assets, a Missouri resident may be able to get more mileage from the share of the divorce settlement that he or she receives.
Both parties will likely need to adjust to financial changes post-divorce. Essentially, two households will need to be maintained from the same pool of income that previously supported only one. For the less financially sophisticated partner, the transition can be a bit more challenging.
By choosing to invest the funds, a person increases the likelihood of having the money meet needs for a longer period of time. Some individuals will need to begin by learning about investing, along with potentially working with an advisor to figure out exactly how the funds will be allocated, and the level of risk that is tolerable. A novice investor may face some challenges when he or she gets started, but with guidance, the challenges can be overcome.
After receiving one's share of the marital assets, a person in Missouri may choose to consult with his or her attorney for recommendations for a qualified investment advisor. Since a family law attorney will likely have experience with property division and other financial aspects of divorce, the lawyer may have the experience to provide a suggestion. A family law attorney will also have the knowledge and skills to help settle any legal aspects of the financial separation of divorce.
In an effort to reduce spending, the Department of Health and Human Services is asking for funds for technology upgrades. Since 1995, each state has been legally required to have a system in place for child support collection and enforcement. Some states have struggled to do so. Individuals in Missouri may be interested to learn more about the proposed federal program and its potential impacts for payment monitoring.
The DHHS has asked for $63 million to fund a Child Support Technology Fund. This money would go toward building a IT system to monitor and enforce support payments at the state level. The IT program would then be made available for all states to use.
This option is appealing because many states have struggled to develop a working system and stay in compliance with the law. Also, when states develop these programs, often the cost is reimbursed in part by the federal government. A one-off expense could eliminate additional costs of developing separate programs for each state. If the states all use a similar program, individuals who pay child support in different states would still know what to expect from the program because it would be the same from state to state.
If the budget funding is approved, then each state would have a structure in place to collect and enforce child support payments. This is good news for the custodial parents who depend upon child support for their children's well-being. When child support is ordered, sometimes it can be difficult for one parent to collect the payments, and the parent may need some outside help to get them. In Missouri, many people choose to consult with a family law attorney for more help with these types of issues.
A common question for parents who are ending a marriage is, where will the children live? Many families want the most fair custody arrangement that is also in the best interest of the children. The two main types of child custody are legal and physical. Missouri residents will probably understand that there are a few different ways to combine the child care responsibilities within the two types of custody.
Legal custody refers to the right and responsibility to make decisions for the child when it comes to health, education and welfare. Physical custody refers to the parent who will live with the child. A person who understands the difference between legal and physical custody may be better prepared to negotiate a custody agreement with the other parent.
Sole custody is the arrangement that would give both legal and physical custody to one parent over the other, and typically grant visitation to the noncustodial parent. Joint custody is typically some version of sharing the custody between the two parents, although not necessarily a 50/50 split. A judge could decide on alternating, serial or even third party custody for a family, depending on the circumstances.
Some families will do best when they make up their own version of child custody, customizing a solution that works the best for their individual lifestyles. Many people hope to co-parent after divorce and maintain the best interest of the kids. In Missouri, many people choose to hire an experienced family law attorney to help them agree upon arrangements that meet their needs.
Raising children can be expensive, but fear of being the sole financial supporter should not deter Missouri parents from seeking divorce. In most cases, custodial parents in Missouri will usually receive child support payments from their exes. However, most judges will take more than just primary custody into account when determining an appropriate payment plan.
Income is typically the main factor that impacts the amount of child support. Since children have the right to benefit from both of their parents' incomes, a high-earning custodial parent will usually not diminish what another parent must pay. The guidelines will instead focus on the payer's income, and what he or she can afford.
A child's needs will also affect the final support amount. Judges will consider child care costs, insurance, housing, school fees and other related expenses. Individuals with similar incomes but different child-related costs might end up paying different amounts of support. A parent's debt, other child support obligations or additional financial constraints may also affect the final amount.
Child support is sometimes unfairly portrayed as little more than extra cash used to pad the wallets of custodial parents. The reality is that raising children is expensive, and these payments go towards the multitude of costs associated with that. Obtaining a court-ordered child support agreement is essential to ensuring the financial stability of children after a divorce, but navigating Missouri family law courts can be confusing and time consuming. It is important that parents have an experienced counsel on their side to provide vigorous representation for their children's best interests.
For families who are unable to have children through conventional methods, surrogacy may be a viable option. Many Missouri parents have wonderful relationships with the women who serve as surrogates, but a good relationship does not replace the legal protections found within a surrogacy agreement. A contract between a surrogate and the soon-to-be parents is essential for protecting everyone involved.
A surrogacy agreement must include basic legal information, and may also include some wishes of those involved. Basic legal information can actually be quite involved and goes far beyond the parents' and surrogate's names. Information regarding psychological and physical health exams, use of assisted reproductive technology, health insurance information and timing of prenatal medical exams should all be included in any comprehensive surrogacy contract.
Soon-to-be parents may also choose to include a dietary agreement. Surrogates are also usually required to abstain from tobacco, alcohol and illegal substances. If both parties agree, other aspects of health and well-being can be included in the agreement, although it should be within reason for the surrogate to accomplish.
Acting as a surrogate can be a selfless act, but even acts of goodwill require protection. Missouri parents need to be certain that their surrogate is acting in a way that is in their child's best interests and that they will have full parental rights after birth. On the other hand, surrogates need tools to protect themselves from being taken advantage of or held to unreasonable standards. A surrogacy agreement addresses both sides of the situation, making sure that everyone involved has their interests and rights protected.
Hiding assets during divorce proceedings is sadly not that uncommon. Missouri couples who are going through a high net worth divorce may understandably feel a strong urge to protect the assets that are most important to them, but some individuals take it too far. Although hidden assets are certainly nothing new, some divorcees are using newer technologies to conceal marital property.
Bitcoin is an unregulated digital currency that provides anonymity to users. It made its debut in 2009 and experienced significant growth over 2017 as many people found its claim of being untraceable appealing. For a soon-to-be ex-spouse who might be trying to hide as many assets as possible, the anonymity and inability to trace make Bitcoin an ideal place to stash money until the divorce is finalized.
This can be scary for those who are worried that their spouse might conceal assets and financial interests. However, finding Bitcoins purchased by an ex might be difficult or even impossible. Instead, it is a good idea to watch out for warning signs that a partner might be trying to hide money. Overpaying taxes, purchasing an excessive number of gift cards or constantly buying and returning items are all indicators that someone is hiding important financial assets from the division process.
Divorce is an emotional time that can unfortunately bring out the worst in some people. Since there are usually significant personal interests on the line in a high net worth divorce, individuals should be certain that they remain vigilant when approaching asset division. Many people in Missouri find that it can be helpful to do so under the guidance of experienced counsel, who may be well-versed in spotting the signs of hidden assets.
When Missouri parents decide to divorce, there are a number of factors that need to be considered. In addition to who gets what and who is responsible for what, decisions regarding the care and upbringing of the child or children must be considered. Child custody is an essential part of the equation.
In many instances, the parents are able to work out custody arrangements. An agreement is reached and becomes a part of the divorce decree if the parents are married. In other instances, the parents are unable to reach an agreement, and the courts must decide the issues. When this happens, the judge must make a final determination based upon what he or she believes to be in the best interest of the child.
While one parent may be granted physical custody, many times, both parents are granted joint legal custody. Joint legal custody allows both parents to make decisions regarding the child's health, education, religion and more. In addition to allowing both parents to have input in the child's upbringing, joint legal custody allows both parents to seek medical treatment for the child and to have access to the child's medical and educational records.
Physical custody refers to which parent the child will live with. In some cases, one parent retains physical custody while the other has stated visitation rights. In other cases, the parents share joint physical custody. When this occurs, the child spends time equally with both parents.
The type of child custody granted to Missouri parents depends upon what is considered to be in the best interest of the child. In a perfect situation, the parents will be able to reach an agreement and work together throughout the child's life. In reality, each parent will want to discuss his or her options and concerns with experienced legal counsel prior to making any final decision.
A home is one of the biggest purchases that a person will ever make. However, a home can also be one of the most difficult marital assets to divide during a divorce. When considering who -- if anyone -- will maintain ownership of a marital home, it is important to consider all of the possible implications.
Missouri is an equitable division state, which means that each spouse has the right to a fair share of the marital assets, even if that share is not an even 50 percent of shared property. Since a home is usually one of the most valuable assets that married couples share, this may take up a significant portion of a person's distributed assets. This is particularly true if a family law judge determines that a person's equitable portion is only about one-third.
Parents, however, might have more sentimental interests than financial ones. Parents with physical custody of their children often keep the home as a way to provide a sense of stability and normalcy. However, there are still financial implications to consider, including the cost of upkeep, taxes and affording the mortgage on a reduced income.
Dividing marital assets can be much more complicated in situations where both couples want the house. Homes represent many an array of different things to people, including stability or financial success, and it can be difficult to part with these feelings. When asset division involves high-value assets or complex marital property, divorcees are usually well-advised to work under the guidance of a counsel who is well-versed in Missouri family law.
Unlike their parents, millennials in Missouri tend to put off marriage, prioritizing other aspects of life. However, this does not mean that millennials are swearing off marriage altogether. Many people in this generation want to establish themselves in their career or build a more solid financial foundation before saying "I do." A carefully worded prenuptial agreement may be essential for protecting assets accrued before marriage.
In the past, prenups have largely been used by those of considerable wealth, but high-value inheritances are no longer the main driving force behind these documents. A person's hard-earned business interests, careers and other personal assets are still important and worthy of protection in the vent of a divorce. A study revealed that most people agree, with the top item covered by prenuptial agreements listed as separate property, and the third being future asset division.
Prenups not only protect a person's separate property, they also protect spouses from one another. Many millennials shoulder hefty amounts of debt. Student loans, credit card bills and other debts may all be included during asset division, even if some of that debt was taken on by only one person or before the start of the marriage. Using a prenup to carefully outline which party is responsible for which debts can ensure that no one takes on an unnecessary load. It is not uncommon for prenups to state that only the person who took on the debt will be responsible for paying it off.
Whether an individual has significant personal assets that he or she would like protected, or is concerned about the amount of debt a future spouse is bringing into a marriage, a prenup can help. The protections afforded by a prenuptial agreement are invaluable to virtually everyone in Missouri. However, since family law can be a complicated matter, it is important to ensure that all prenuptial agreements are carefully and thoroughly worded so that they are enforceable.