missouri family law frequently asked questions

What should I be doing now to prepare for my divorce?

When going through a divorce it's important to focus on the big picture. A few steps can put you in a better position for the process: Get organized financially, choose the right attorney, be part of your divorce negotiations, be brief, informative and friendly in your communication with your spouse, and find emotional support from people you love. 

What should I wear to Court?

Ultimately, use your best judgment. If you are concerned about an item of clothing, err on the side of caution and choose to look conservative. Remember, you are presenting yourself to the Judge for what may be the first time. This is your opportunity to leave an impression.

What should I expect from my initial consult? 

When you meet with Kelisen for your initial consultation, you should expect the first portion of your meeting to be fact gathering. She will sit down and discuss the unique details of  your family law, probate or estate planning case. Kelisen will review your history with you, discuss any assets or debts you have acquired during your marriage, and give you an assessment of how the law relates to your case. She will discuss your exposures and come up with a strategy for how you can best protect yourself legally.

How much will I pay/receive in child support?

The Court most heavily considers three factors in calculating child support amounts. There are other factors considered in support calculation, but the three mentioned will have the greatest impact on the actual amount. The income of the parties, the parenting time of each party and the childcare and health insurance expenses for the children. 

Do I want to file a legal separation or divorce?

Although handled in the same way logistically, legal separation and the dissolution of marriage in Missouri are two different things. Even if you are just petitioning for a legal separation, it is still a document where you agree to custody terms and asset allocation, which is why it is imperative that you have a lawyer help guide you through the logistics and protect you through a tumultuous time in life.

Does who files for divorce first matter?

There will be lots of variables that you can’t control or foresee. Taking the first step and filing for divorce may put you at an advantage and give you better control over the outcome of the separation.

Can I move after my divorce? 

According to the Missouri relocation statute R.S.Mo. § 452.377, a parent is required to give the other parent 60 days written notice by certified mail before relocating a child's residence. The notice must include all of the following: 

• The moving parent’s new intended address, if known, but if not known, at least the city
• The moving parent’s new phone number, if there is a change
• The date the moving parent plans to relocate
• A “brief statement” explaining the reasons for the relocation of the child
• A proposed revision to the current visitation schedule.

Which parent gets to claim the children for tax purposes? 

Federal tax law states that the parent with whom a child primarily resides may claim that child on their taxes after a divorce as a dependent. The parties to a divorce may agree to a different arrangement, or a Missouri court may order that one parent have the right to claim the child. Either way, the arrangement must be compatible with state and federal law. This is an issue that must be addressed in every divorce case involving minor children.

Should I ask for a new judge in my case? 

In many Missouri family law cases, the judge is your jury. The final decision will often lie in the hands of this one person, and it is important to take advantage of every opportunity to get your case in front of the right judge. Rule 51.05 of the Missouri Rules of Civil Procedure states that every party has a right to change of judge upon application – the “one strike” rule. The application must be filed within 60 days of service of process or 30 days from designation of the trial judge, whichever is longer. The change must happen automatically and need not allege any reason.

When do you need a probate attorney? 

A probate lawyer can assist with a variety of responsibilities throughout the probate process. They can help identify and secure probate assets, and help obtain appraisals any of the deceased party’s property. They can also ensure that any documents required by the probate court are filed in a timely fashion.

Will a beneficiary deed help me avoid probate?

Missouri is one of a few states that allows residents to transfer ownership of real estate through a beneficiary deed, also known as a transfer-on-death deed. A beneficiary deed is a type of real estate deed that can be used to transfer real estate, such as your home, upon the death of the homeowner. This transfer upon death will take place without the real estate going through probate and without the need to jointly title such property with children, spouses, or other intended beneficiaries while the owner is still alive.

Do I need a will? 

Having a will is arguably one of the most important things you can do for yourself and your family. Not only can a will legally protect your spouse, children, and assets, it can also spell out exactly how you would like things handled after you have passed on.