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Domestic
Law |
The attorneys at Lund-Denker
Law Firm represent individuals in family law
proceedings regarding dissolution of marriage
(divorce), proceedings to modify existing judgments
and actions to enforce existing judgments.. We also
handle any issues involving maintenance (previously
known as “alimony”), division of marital
property, and orders of protection.
Divorce
In
Missouri, a “modified no-fault” state, the
parties to a divorce need to only plead that the
marriage is “irretrievably broken.” However, if
the parties do not agree, other factors—such as
adultery, financial fraud or unreasonable
behavior—may be considered by the court in
determining fault.
Division
of Property
Regarding
the division of property, Missouri is an
“equitable distribution” state. This means the
court balances a number of factors in determining
how to distribute property, taking into account
marital property and debt, and non-marital property
and debt. The court will also consider factors such
as economic value of non-marital property,
contributions made to property and the need for such
property.
Maintenance/Alimony
In
determining maintenance (previously called
“alimony”), Missouri courts will take into
account relevant information like the duration of
marriage, employability of the party, financial
resources of the party, fault and standard of
living. Similarly, when ordering child support,
Missouri will consider factors including the
standard of living enjoyed had the marriage stayed
intact, resources of the parties, needs of the
children and the presumed amount as provided by
court guidelines. This presumed amount can be
altered if it is found to be unjust or unreasonable.
Child
Custody
There
are several types of child custody in Missouri.
However, by statute, joint legal and physical
custody is preferred. Joint legal custody means both
parents share in all decisions made regarding the
minor children’s health, education and general
welfare. Joint physical custody does not necessarily
mean equal visiting time, but instead
indicates the court’s preference of ensuring a
parent’s frequent and meaningful contact with his
or her children. Sole custody, on the other hand,
means a parent will maintain full physical custody
of the children and will be the sole decision maker
regarding the children.
**Some domestic matters may
require a consultation fee
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