ALTIERI GILMORE LLP | 816-524-0404
For comprehensive representation with divorce and family law cases, the office of Altieri Gilmore LLP, is second to none in the state of Missouri. We have extensive experience thru out our career on divorce and family law matters. We employ a team approach strategy to effectively identify and implement the absolute best solutions for our law clients. At Altieri Gilmore LLP we partner withan extensive range of legal professionals, including social workers, financial advisors, psychologists, private investigators and tax professionals, in order to help you acheive the outcome of your case that you want. Although our family law attorneys have extensive divorce litigation experience, we can also help you implement other means of a positive outcome for your legal matters, including family law mediation , negotiated settlements and a collaborative divorce process, in order to negotiate your differences and come to a positive outcome. Contact us now to set up a confidential meeting at 816-524-0404.
Altieri Gilmore LLP Family Law Practice
Our dedicated divorce attorneys practice extensively with family law cases, handling all issues related to:
If you are experiencing problems in your relationship and it's leaning heavily towards the possibility that your marriage is ending but you want to attempt to work thru your family law differences with an ettempt to avoid anger, bitterness and resentfulness, we can represent your family law case in a collaborative divorce proceeding, this will help the two of you to amicably settle all of your martial disagreements without the intervention of the court system. We are also very knowledgeable about the special circumstances that arise in military divorce court proceedings and we can represent either parties in these military proceedings. We are thoroughly committed to providing each and every client with an outstanding high level representation, dedicated personal service and focused attention. When you retain Altieri Gilmore LLP to resolve your marital, divorce and family law circumstances, we will individually take the time to learn about you and your family and take the time needed to extensively formulate the best possible strategy get the results and outcome you want to achieve. Thru out the process and proceedings we will keep you fully informed and up to date of all of the circumstances and developments in your family law case, as well as of your legal options and likelihood of a successful outcome, so that you can make advised and educated decisions that protect your families future.
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Contact us now to schedule a one on one consultation with one of our divorce attorneys call us at 816-524-0404,
Let our legal team of Altieri Gilmore LLP put its experience, legal expertise, knowledge and skill to work for you and your family.
In almost all jurisdictions, the legal process and proceeding for ending a marriage is called “divorce.” In the state of Missouri, this is called dissolution of marriage, because the martial bonds of matrimony are becoming dissolved.
For starters, you need to know and understand thoroughly that when a married couple is divorcing and the spouses agree and get along without fighting, the process and proceeding to dissolution of marriage can be easy; when spouses are angry, disagree on circumstances and fight with each other, the process of dissolution of marriage is drawn out , ruff and can get very expensive.
The state of Missouri has a completely separate Family Court system, with specific judges who only see dissolution of marriage proceedings on a daily basis and who closely monitor and scrutinize any divorce proceeding involving children. Extensive standards are put forth and followed for determining child custody issues and proceedings, such as who receives custody of the children, when, where, how and with what custody restrictions will be applied
In the state of Missouri, recently there has been an extensive shift towards alternative family law dispute resolution especially when parenting issues are involved, such as child custody and visitation rights. In Missouri the spouses will have to go to a mediation process if they cannot amicably agree on a parenting plan for the children; if the Missouri court thinks that it is absolutely necessary or that it will be helpful in your proceedings, the two of you will have to continue mediating these separate issues.
If the spouses are in disagreement over parenting plan issues, a guardian ad litem will be specifically appointed for you and your spouses children to represent their best interests.
Both spouses will share all costs of these extra added services. You will be well advised to try as best you can to agree from the start of the process or you and your spouse will end up possibly spending thousands of dollars on legal professionals that will then make legal recommendations to the Missouri court system about when, where and how your kids should live their lives. And possibly your kids will become pawns in your divorce fight, and possibly could end up resenting both of you when it’s all said and done. Its recommended that you pick your arguments very carefully.
To start a dissolution of marriage case in Missouri, you must first:
If you will be hiring a lawyer for your case, make sure the lawyer practices law in the county that you live and reside in. Your county's specific court rules will ultimately dictate some of the proceedings, and an experienced divorce lawyer will know which legal forms to file by when to file them.
If you ultimately decide not to hire a lawyer for your case, you will be the one responsible for knowing and following the state and county rules for your divorce proceedings and actions.
The state of Missouri is a no-fault divorce state, which essentially means that if one spouse testifies that the marriage is “irretrievably broken” and there is almost no likelihood the marriage or relationship can be salvaged, the said spouses will receive their dissolution of marriage and the marriage will legally be over. In Missouri there is not a need for one of the spouses to put blame on the other or to tell the Missouri court what has caused the marriage to be disolved.
Yes, you and or your spouse must have been a Missouri resident for at least 90 consecutive days before you can file a petition for dissolution of marriage. In Missouri this is called the "residency requirement"
In the state of Missouri the county where you or your spouse currently reside is where you will need to file.
The the petition is filed the other spouse will prepare and file a legal document called an "answer." The answer document must admit or deny the stated facts in the petition for dissolution. The answer document must be filed no later than 30 days after the petition for dissolution is served.
In Missouri if the other spouse doesn't file an answer document, that spouse will technically be in default. This would now mean that the Missouri court could enter on their behalf a default judgment granting you the dissolution of marriage. However if this happens, you can not obtain a money judgment against a spouse in a default judgment. Also, the Missouri court will likely set aside the default judgment if the other party requests it to be set aside.
If you can’t find your spouse or you don’t know where they are located, there are a couple of things you can do:
· You may serve your petition for dissolution by “a publication,” which usually requires you to run a notice in a Missouri court-approved publication or other newspaper agency. This is a standard and acceptable way to technically achieve a petition as served, but with this process you can't do much more than get divorce achieved.
· You could hire a local private investigator to track down and attempt to locate your spouse, which can be a good possibility if you have reason to believe that your spouse is still in or close to your local area.
· Another option is you can run an online records check to attempt to look for a last known address of your spouse or any other contact information that may be available online, including their place of employment, past employment. On many occasions you can ask your attorney or private investigator to do a records search for you.
It usually depends on which county in Missouri your case is filed in, whether there are children involved, what kind of real estate, businesses, debts and personal property you both have, and so forth.
As a general rule you can expect in part some of the following:
· The Missouri court system in some jurisdictions and counties may issue a temporary order to preserve the status quo while the divorce case is pending. Some courts in Missouri will issue a blanket form order. Some other courts will wait for a one of the spouses to request these blanket orders to be filed.
· Paperwork and discovery is exchanged between the spouses attorneys, typically on pre-printed forms that will require you and your spouse to exchange any documents and information relevant to your case and to report all of your income, businesses, real estate, property, and debts, both marital and non-marital in nature.
· You and your spouse may have to sign up for and attend a parenting educational class if you and your spouse have minor children.
· In Missouri you and your spouse will also be required to attend a mediation process if you have minor children.
· As soon as the other spouse has submitted the answer document (or if 30 days has passed from the date of service) you may obtain a court date for dissolution. As with everything involved in dissolution proceedings, local Missouri state rules will dictate exactly how and when you obtain a court date, so make sure to check your Missouri county dissolution of marriage rules.
· As soon as the two parties exchange all relevant information about their real estate, debts, assets, income, and personal property, the lawyers representing both spouses should communicate with each other to decide whether or not the divorce case can be set forth and settled. If it is determined that it can be settled, one of the sides, either you or your spouse will draft up a proposed settlement agreement and send it to the spouse for review.
The state of Missouri is not a community property (50/50) state. Missouri lets the family court system divide all marital property by an equitable distribution, this means the courts will separate marital assets between both spouses in whichever way they decide is equitable (fair for both parties), but not necessarily equally to both parties.
When the courts make decisions about property separating and division, they take a lot of factors into consideration when determining this, including:
Even under this type of legal system though, the Missouri courts will a lot of times generally make an equal division of property and assets, unless they see overwhelming and compelling reasons not to do this.
In the past it was very common for husbands to routinely pay alimony. These days however, what was once called "alimony" is now routinely called "maintenance" in the state of Missouri, and is not as easy to obtain.
In Missouri there is a threshold test that a spouse has to meet to obtain maintenance. This is the criteria:The spouse must:
In Missouri if you pass the threshold test, then the Missouri court will take into consideration ten factors in order to decide on the amount of maintenance a spouse will get:
Missouri dissolution of marriage laws favor joint custody, in which both parents share major life decisions and each spouse has significant (but sometimes not always equal) time to spend with the children.
There is a complex and important scheme for determining child custody in Missouri, set forth in Section 452.330.
It would be advised to have an experienced local Missouri attorney such as Alterie Gilmore LLP,that is skilled and competent in child custody cases, to help assist you in working up and advocating a good parenting plan that the Missouri judge assigned to your dissolution case will accept.
Missouri child support is calculated through a mathematical equation that takes into account the both parents' income, how much time both parents spend with the children, the child's wants, needs, and a few other factors.
Like most other states in the US, Missouri has its own child support calculator that can help both spouses figure out how much financially they can expect to be paying or receiving.
One thing that is very important not to forget about dissolution of marriage and divorce is that at one time you loved your spouse, and especially, if you have a child or children together, you most definitely love your children.
But in turn don't let this fact that you once loved your spouse excuse abuse (physical, mental or emotional), neglect, or interfere with your most important role as an active parent in your children’s life. Be very clear and proactive about your parental rights and the rights that your children have as well. Try your hardest not to be petty, but sit there and be a doormat. And absolutely do not use your children as pawns in the divorce.
Contact us now to schedule a one on one consultation with one of our divorce attorneys call us at 816-524-0404
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