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Divorce Archives

Property division and individual bank accounts can be complex

When couples in Missouri get married, they might want to protect their property in case the marriage ends in divorce. A strategy some will implement to achieve this is to have separate property in their own names. Bank accounts, automobiles and homes are examples. For those who are under the impression that this is a failsafe method of keeping items out of the divorce and shielding them from property division, this can be a mistake. There is always nuance in a divorce and the law will frequently categorize these issues differently than people think. When getting a divorce or simply considering one, it is important to understand how property will be divided regardless of whose name is attached to it.

Understanding how the new tax laws impact people after divorce

When people in Missouri are thinking about a divorce or have already gotten a divorce, there are still lingering issues that must be considered. This is especially true when children are part of the process. Since the tax laws have changed and it impacts deductions and divorced parents, it is important to understand what it means when seeking deductions. The facts of any given situation will largely dictate how these issues are handled.

What are the different kinds of child custody in Missouri?

One of the biggest concerns in a Missouri divorce is how it impacts children. A dispute between the parents as to how custody will be handled can cause problems in myriad ways. The parents will see their relationship worsen and the child can have a series of negative side effects from the constant disagreement. As a couple moves forward with the end of a marriage, it is important to keep the children in mind and to understand the different kinds of custody options that are available. To achieve a desirable outcome for the parents and a healthy resolution for the children, having legal advice is key.

Factoring in insurance is critical when getting a divorce

When Missouri couples decide to get a divorce, there are many obvious issues that will come to the forefront. That includes spousal support (also referred to as alimony), child support, child custody and property division. However, the emotional stress that accompanies the end of a marriage does not stop there. It is often only when the process is fully underway or near its conclusion that other factors that can present personal and financial challenges. Insurance is a consideration that is frequently left in the background, but must be factored in during a divorce. As with any divorce, it is wise to have legal advice before, during and after.

What if there is a dispute over an irretrievably broken marriage?

In Missouri, one of the basic requirements for a couple to be granted a divorce is relatively simple in that the marriage must be irretrievably broken. In many cases, the parties will agree that the marriage is no longer viable and will state that it is irretrievably broken, allowing them to divorce. However, in some instances, one of the parties will deny the dispute is sufficient that that the marriage is irretrievably broken. When this happens, it is important to understand how the law handles these cases and what to do next. Having legal assistance with complex divorce issues such as this is key.

Can licenses be suspended for failing to pay child support?

Missouri parents who are ordered to pay child support can face a variety of penalties if they fail to do so. While it can be difficult to make the payments in full and there are alternatives to have the amount modified if there is justification to do so, noncustodial parents who have a support order cannot simply decide not to pay the custodial parent for the support of the child. Most might be aware that a driver license can be suspended for failure to pay child support. However, it is also possible that a professional or occupational license can be suspended for it too.

Steps to make a divorce more amicable and less dispute-laden

When a Missouri couple chooses to divorce, there are usually lingering issues that spark that decision. Whether they are significant, such as infidelity or financial mismanagement, or of lesser seriousness in that the parties just grew apart, it is wise to try to understand strategies to keep the relationship amicable, if possible. That does not necessarily mean that a couple should be "friends" in the classic sense of the word, but it does mean they will work to avoid an excessive amount of conflict. This is especially important when there are children involved. Knowing how to achieve this is a wise step as part of any divorce.

New tax laws impacting spousal support deductions now in effect

Missouri couples who were considering divorce but did not move forward with it before the end of 2018 should know about how the new tax laws put in place by the Trump Administration will impact them with the dawn of the new year. For those who were completely unaware of how the changes could help or hinder various areas of divorce, it is wise to have a grasp on what is changing and how the person paying spousal support and the person receiving spousal support will need to adapt at tax time. Of course, having legal assistance is always a wise step.

Temporary orders and authorized motions during a divorce

When a Missouri couple begins divorce proceedings, the immediate aftermath will often elicit questions as to how certain circumstances will be handled. Temporary child support and spousal support is an inevitable concern. Frequently, there is worry that certain behaviors will need to be interrupted via court order. This can encompass many different things. Some place people at risk. For those who are divorcing, understanding how the law addresses temporary orders and authorized motions is a key part of a case.

Do I need education or alternate dispute resolution in a divorce?

Missourians who have decided to divorce will undoubtedly understand that there are many issues that must be navigated. However, the law has certain requirements that people might not be aware of, but are important nonetheless. In some cases, the court will make it mandatory that there be educational sessions or alternative dispute resolution meetings. If this is the situation, the parties should know when it could be ordered and how it works.

Alan E. DeWoskin, P.C.
225 South Meramec Avenue, Suite 426
St. Louis, MO 63105

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Phone: 314-925-0242
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