To solve a family law problem, you need an experienced attorney you can trust to resolve your case in a way that works for you. And if you are facing divorce, it’s important to find a St. Louis divorce lawyer who will explain your options and aggressively pursue a settlement that works for you.
Filing for divorce is overwhelming even for the most capable people. It tends to be an experience full of uncertainty and emotional challenges. As experienced St Louis divorce attorneys, we guide our clients through each phase of the legal process with intention, honesty, and support. From filing the initial divorce petition to finalizing the agreement, you can feel at peace knowing we have your best interests at heart.
The divorce process officially and typically begins when one spouse files a petition, also commonly known as “serving divorce papers.” These papers will cite the reason for divorce, which could be things like citing irreconcilable differences or that the marriage is irretrievably broken. After the divorce petition is filed, the other spouse must respond within a specified timeframe. If your spouse disagrees with any terms or fails to respond, our family lawyers can help you navigate these complexities.
Most states, including Missouri, require a waiting period before a divorce can be finalized. During this time, we assist clients in gathering and presenting evidence related to property division, support, and child custody matters. Our legal experience ensures that your rights are protected throughout this difficult transition. What many view as a stressful experience can be made a lot easier with the right legal representation by your side. Whether you require a high net worth divorce lawyer or counsel for an uncontested St. Louis divorce, we are here to help.
Property division is often one of the most contentious, and important, aspects of divorce cases. Our experienced attorneys help clients understand how marital property is distributed in Missouri, ensuring your assets are properly identified and valued.
From family homes and vehicles to retirement accounts and pensions, we provide dedicated representation to ensure fair distribution of all assets. This is especially critical in a high net worth divorce, where complex assets and valuation methods are involved. When complex business interests or investments are involved, our legal team has the knowledge and resources to address these challenges effectively.
One interesting thing about property division in Missouri is that it’s an “equitable distribution” state. What does this mean for you? Well, you may think of splitting things 50/50 as the right way to do things, but this isn’t necessarily the case. For example, perhaps certain items mean more to you than others, and you’d give up more “financial” value to make sure you retain ownership of it. This is why property division and divorce is a personal process, and communicating honestly with your attorney is key.
Another factor when executing property division is assigning marital property and non-marital property, which really defines what property is and is not up for discussion in property division. We also provide aggressive representation when there is suspicion of marital fraud or embezzlement in divorce proceedings, ensuring all assets are fully disclosed and properly accounted for. Whether parties agree on property matters or disputes arise, we advocate for your interests while seeking practical solutions. Our goal is to achieve stability for you as you transition to the next phase of your life.
When minor children are involved in divorce matters, establishing appropriate custody arrangements becomes essential. We help parents create child custody agreements that allow children to maintain meaningful time with both mother and father while addressing the unique needs of each family.
Our family law firm understands that every parent wants what’s best for their children. We work to minimize conflict while helping you achieve visitation rights that respect your role as a parent. Whether you’re seeking primary custody or working to create a joint parenting plan, our compassionate attorneys can guide you through this sensitive process.
If the other parent attempts to limit your parenting time or if relocation issues arise, we have the skills to present evidence supporting your position. Weekend visits, holiday schedules, and everyday parenting decisions all require careful thought and planning to create stability for your children.
Most divorcing partners understand that working together can lead to a faster and less expensive process. But it’s not always that easy. Here are four things to consider:
Taking a spouse to court for revenge is usually never a good idea, even if a soon-to-be ex deserves it, as judges only want to hear a rational law-based argument on why you deserve a greater share of assets or more time with your kids. They aren’t usually swayed based on hearing grievances against a spouse. And, remember that going to trial means you will put the final decision in the hands of a stranger.
You absolutely should. When parties agree on major issues or are determined to work together towards an agreement that works for both parties, an uncontested divorce can provide significant advantages. In cases where the couple has children together, both parties may not want the outcome of their divorce to be in a judge’s hands. This option for divorce keeps these decisions between the two of you. This approach typically offers:
Our law firm assists couples in completing necessary forms and drafting agreements that address all legal requirements. Even in uncontested cases, having experienced legal counsel ensures your rights are protected and that all necessary issues are addressed properly.
However, uncontested divorce is NOT for everyone. If you have major issues that you do not agree on, or the relationship is especially tumultuous, uncontested divorce may not be the right call. The best way to determine this is by speaking to our office, telling us your situation, and letting us guide you in the right direction.
All divorces technically go through the legal system. However, you might not have to appear in a courtroom, depending on how your divorce moves forward. Many divorces can be finalized through negotiation or mediation, especially when both spouses agree on major issues like asset division and custody.
If you or your spouse contests the divorce, it’s more likely that you’ll need to appear in court. Arguments over finances, custody, or support can lead to additional hearings. In some cases, they may result in temporary orders and sometimes a trial. Even then, many cases settle before reaching that stage.
The Law Office of Amy L. Gervich can prepare your filings and work toward resolving disagreements outside the courtroom whenever possible. Our approach often saves time and money while lessening the emotional strain on our clients. Even though every case is different, we’ll help you feel more prepared and less overwhelmed throughout the process.
Spousal support is also called maintenance. These are payments one spouse may be ordered to make to the other, either during or after a divorce, to help the recipient spouse meet their reasonable financial needs.
Missouri courts don’t award maintenance automatically. Judges first look at whether one spouse lacks enough property or income to meet their own reasonable needs and whether that spouse can support themselves through employment.
If the court believes there is a need, it then considers factors like:
Maintenance may be temporary, lasting only during the divorce process. Depending on the circumstances, courts may award spousal support on a longer-term basis.
The amount and duration will vary. Short marriages often result in little or no maintenance, while longer marriages can justify extended support. Our lawyer can help you understand whether maintenance might apply in your case and what range of outcomes you might reasonably expect.
Yes, Missouri law allows post-divorce modifications, but only when a substantial and continuing change in circumstances occurs. Courts won’t change orders simply because one parent or spouse disagrees with the original outcome. Common situations include:
To modify custody, you and your attorney must show that the change benefits the child and reflects their best interests. Child support modifications usually require proof of a substantial and continuing change in circumstances that makes the existing amount no longer appropriate under Missouri’s guidelines. Maintenance changes depend on altered financial needs or earning capacity. Courts review updated income information and expenses before deciding.
Modifications require formal court filings and supporting evidence. Informal agreements between parents or spouses don’t change your legal obligations. If your circumstances change, working with a St. Louis County lawyer helps you protect your rights and avoid enforcement problems.
A spouse can’t stop a divorce by refusing to participate. Missouri allows one spouse to move forward even when the other avoids paperwork or refuses communication.
If your spouse ignores court filings, the judge may issue orders based on the evidence available. Courts also have tools to address noncompliance, such as contempt proceedings or sanctions. Delaying tactics often backfire, leading to court intervention rather than control.
Working with a divorce attorney who serves St. Louis helps keep your case moving forward and protects your interests when cooperation disappears. The Law Office of Amy L. Gervich can prepare court motions and advocate for fair outcomes even in difficult situations. You don’t have to remain stuck because the other spouse refuses to engage.
At the Clayton, Missouri, Law Office of Amy L. Gervich, we have extensive experience in complex family law cases involving divorce. Our divorce attorney takes pride in providing assertive representation that’s designed to help you move forward in the best manner possible. If you need an experienced divorce lawyer in St. Louis to help you explore this option, call us today.
At the Law Office of Amy L. Gervich, our divorce lawyer in St. Louis has over 15 years of experience and are ready for whatever your divorce may bring. We are not afraid to take your case to trial if it is in your best interests to do so, and we can represent you in all aspects of your divorce, including:
Missouri is a no-fault divorce state, making it of the utmost importance to have an experienced lawyer protect you during your divorce. At the Law Office of Amy L. Gervich, you can count on us to guide you through the process from start to finish, always looking out for your best interests as well as those of your children. Whether you require a high net worth divorce lawyer or counsel for an uncontested St. Louis divorce, we are here to help.
For answers to all of your divorce-related questions, contact us online or call 314-501-7537 today for a free initial consultation with an experienced divorce lawyer. We serve clients throughout the greater St. Louis, Missouri, area.
