Quality Family Law Lawyers Near You
Working with an understanding and compassionate family law attorney can make all of the difference when dealing with emotionally complicated family law issues. At the Berger Law Firm, you’ll work with attorneys who prioritize an approachable and easy-to-work-with style.
The law firm’s attorneys will listen to your side of the story, provide up-front and honest advice regarding the proper steps to take in your situation, and give you insight on likely outcomes. They are known for providing superior communication to you and your loved ones. Our attorneys routinely provide assistance in the following areas:
- Mediation
- Divorce
- Child custody issues
- Paternity determinations
- Restraining orders
- Other family law issues
Contact us at contact@bergerlawkc.com or give us a call at (816) 600-3220 to schedule a free family law consultation today.
Divorce
Divorce procedure will vary greatly on a state-by-state basis. Furthermore, the timeline of each divorce is specific to each case and oftentimes is dependent upon amicability between parties, distribution of martial assets, and child custody disputes. In Missouri, the process can be concluded in as little time as a month; however, if the parties require mediation to resolve complications in any of the above categories, the divorce process can take far longer.
Equitable Distribution and Alimony
Upon filing for divorce, a Missouri court will equitably divide marital property and classify and distribute separate marital property. Rather than a formalistic, consistent decision to divide marital property in half for every case, Missouri courts will determine a fair division of martial assets and property based upon numerous factors. On its face, the division will not always be equal.
Furthermore, depending on the nature of this division, a Missouri court will determine whether either spouse requires alimony, its amount, and duration. Factors Missouri courts consider include (1) how long the marriage has lasted, (2) each party’s conduct during the marriage (i.e., whether the divorce is fault based), (3) the earning capacity of both spouses, (4) each party’s debts and assets, and (5) other factors such as each spouse’s age and emotional and physical health.
Child Custody
Child custody disputes and visitation rights determinations can be lengthy and stressful processes. In Missouri, a child custody arrangement will fall into one of five categories:
- Granting both parents joint physical and legal custody
- Joint physical custody, but sole legal custody by only one parent
- Conversely, joint legal custody, but sole physical custody by one parent
- Sole physical and legal custody
- Third-party custody or visitation rights
Child custody disputes, unlike marital property disputes, are governed exclusively by statute and Missouri courts have little judicial latitude in making substantive determinations. Section 452.375 of the Missouri Revised Statutes informs courts of how properly to allocate legal and physical custody of children, depending on the home state of the child, the health and well-being of each parent, and the age of the child, among other factors.
If you have a family law matter needing attention, don’t hesistate to contact us at contact@bergerlawkc.com or to give us a call at (816) 600-3220 to schedule a free family law consultation today.