Dissolution of Marriage (Divorce)

In Missouri, Section 452.305 of the Revised Statutes of Missouri instructs the courts and litigants of Missouri as to what is necessary to acquire a divorce (known as dissolution of marriage). Each person desiring a divorce in Missouri must file a Petition for Dissolution. When one files a Petition for Dissolution that party sues his or her spouse for divorce.

In every divorce case, the court must make determinations as to the custody of the parties’ children, the allocation of child support, the award of maintenance, the division of property and the disposition of debt.

Custody

The relevant Missouri Statute directing courts and litigants in the manner to resolve child custody issues in Missouri is Section 452.375 R.S.Mo. Courts and litigants use this very detailed statute and case law for direction in determining the most important aspect of a family litigation, that is, the custody award. All custody judgments will contain provisions concerning the legal and physical custody of the child. Simply put, legal custody concerns decision-making powers regarding the health, education and welfare of the child. Physical custody essentially means where the child resides and schedule for visitation with the child. In Missouri, custody is described as either sole legal custody, joint legal custody, sole physical custody or joint physical custody. Joint legal custody means that the parents will confer with one another in making decisions affecting their child. Sole legal custody means that one parent makes all decisions. Similarly, joint physical custody means the parents each have substantial time with the child in his or her custody. Sole physical custody means the child resides with one parent the majority of the time and the other parent merely exercises visitation with their child. There exist as many ways for a court to set a custody plan as there are families going through family law litigation. We work diligently to listen to our clients’ questions and concerns. We use our years of experience in negotiating parenting plans and in trying contested multiday trials to fashion a parenting plan that you feel is in the best interest of your child. It is our policy to listen to your concerns, to discern the facts within your custody dispute and to apply your concerns and your facts to the existing laws to help you devise the best parenting plan for your family. There have been a great many times where clients have engaged us to pursue custody goals deemed unreachable by other attorneys and we have met or exceeded our clients’ expectations.

Child Support

The Missouri Supreme Court adopted Rule 88.01, Form 14, more commonly known as the child support chart. Many family law practitioners use the child support chart as a crutch to derive a simple child support calculation. The rules for use and case law provide a great deal of information that a diligent attorney should use to help the Court set the appropriate amount of child support for a litigant to pay or receive. We look at each client’s case as our only case. We do not take a “cookie cutter” approach to determine the calculation of child support. We will work with you to find the facts and the best way to apply the facts to the Form 14 to aid you in acquiring a child support order that best suits your goals.

Maintenance

One must look to Section452.335 for direction concerning maintenance. Maintenance is money that one divorcing spouse pays to the other to assist the receiving spouse in meeting his or her financial needs.

The Court’s judgment will set forth whether maintenance is modifiable or not modifiable. If it is modifiable the Court may have the power to change the maintenance award upward, downward or to terminate upon a showing of a substantial and continuing change in circumstances that arose since the entry of the divorce judgment. In the event the dissolution judgment provides that the maintenance award is non-modifiable the Court will not be able to modify the judgment.

 We have represented hundreds of people seeking maintenance and hundreds of people desiring not to pay maintenance. We have worked both sides of the maintenance issue for over twenty years. We have a great deal of experience in helping a client seeking maintenance to determine his or her true needs so that a clear concise picture of need can be proffered to the Court to persuade the Court that a maintenance award is not only needed, but mandated by the law.

 Conversely, through years of practice we are able to discern when a person seeking maintenance has inflated his or her expenses. We have had trials where through cross-examination of our opponent’s expert we have proven that the stated need for maintenance was inflated by many times that of the true need.