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St. Louis Missouri Legal Blog

Need your alimony order adjusted? A family law attorney can help

Post-divorce finances can be a bear to figure out. For a lot of people in Missouri, the dissolution of marriage comes with a big drop in income and an increase in expenses. Thankfully, an alimony order can be included in a divorce settlement for the spouse who is in financial need. What if after all is said and done, you, as the recipient, need your alimony adjusted or extended? A family law attorney may be able to help you with that.

Spousal maintenance is not awarded in every divorce settlement, as economic situations vary. If it was awarded to you, it means that you met all the necessary requirements and/or a financial need was determined. Alimony is typically awarded for a set period of time. It will be up to a judge to decide if lifetime support is warranted.

What happens when the primary child custody holder needs to move?

While there are those who hope they never have to move, sometimes the need to relocate cannot be avoided. Life happens and one must simply do his or her best. What happens, though, if a primary child custody holder needs to move? According to the laws of Missouri, this is not something that he or she can do without the approval of the noncustodial parent or the court.

There are various reasons as to why one may need or want to relocate. A few of these include employment change, the need for familial support and a new relationship -- among others. While a parent's reason to move may seem perfectly valid in his or her mind, it can have a negative effect on his or her children. This is why approval must be granted before the move can take place.

Second-Parent Adoptions Increase Due To Concerns Over Trump Administration

President Donald Trump has stated that his views on same-sex marriage are "irrelevant," and implied that he is willing to live with the 2015 Supreme Court decision making same-sex marriage legal. That is not enough to comfort large numbers of same-sex couples. One sign that same-sex couples are wary of the president changing course is the increase in second-parent adoptions since the election.

In a second-parent adoption, one spouse in a same-sex relationship is a biological parent and the other legally adopts the child. Many same-sex couples pursue second-parent adoption to protect the non-biological parent's rights in the event the relationship ends.

Things to know about getting a divorce in Missouri

Every state has different laws regarding the dissolution of marriage. As such, it is wise to get familiar with one's state's laws before taking the leap and filing for divorce. In that spirit, this week's column will go over Missouri divorce law basics.

In order for one to file for divorce in Missouri, he or she must meet the residency requirement. It is not possible to move into the state and file for divorce right away. One must be a resident for at least 90 days before the dissolution process can be initiated.

Missouri juvenile law: Help with hearings

If your child has been accused of a delinquency of some type, he or she will likely have to appear in juvenile court. In Missouri or elsewhere, juvenile law and criminal law have very different purposes. If your child's case stays within the juvenile system, the end goal will be rehabilitation rather than punishment for the alleged crime.

It is normal to have a million questions when the prospect of having to go to juvenile court arises. Some questions may be in regard to the hearing types your child will be required to attend. There are quite a few different hearing that take place in juvenile court – seven to be exact. These are:

  • Detention hearings
  • Pretrial or settlement conference
  • Hearings on motions
  • Fitness or waiver hearing
  • Jurisdiction hearing
  • Disposition hearing
  • Review hearing

Do I have to prove fault to secure a divorce in Missouri?

There are seemingly innumerable reasons as to why a person in an unhappy marriage might feel unable to move forward with a divorce. Perhaps they want to take more time to think things over, try marital counseling or even just wait until their children are in the best possible position to deal with the news.

While this reluctance is understandable, there is at least one reason that should never unduly delay a person from starting a new chapter in their lives: believing that they have to prove fault on the part of their spouse.

How much do you know about Missouri's new shared parenting law?

Without question, one of the most difficult issues to resolve in any divorce is child custody, as neither side wants to see their ability to spend time with their children curtailed to even the slightest degree.

While this is understandable, the historical trend has been for courts across the nation to award mothers primary physical custody and fathers visitation rights, meaning, at best, perhaps every weekend to spend with their children. 

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