If you’ve never been through a divorce before, starting the process may feel as though you’ve been thrown into uncharted waters. There are a myriad of divorce laws in addition to an abundance of forms that must be completed and submitted by specific deadlines. And if your relationship is ending tumultuously, you may be headed to trial as well.
Suffice it to say, your mind may be a swirl with dozens of questions. But with a Missouri divorce attorney from the Law Office of Amy L. Gervich as your legal advocate, you can quickly get the answers you need. Our team will even address a variety of topics that many often do not even think to ask, all so that you know what to consider and expect along the way.
When contemplating whether you need an attorney, it’s best to start off by asking yourself things like how well you and your spouse got along during your marriage, as well as whether you often disagreed on finances, the children, or who owns what in the household. If these issues caused friction in your relationship, then such disagreements may likely erupt during the divorce process, making an attorney a wise choice.
No law in Missouri outright requires residents to retain an attorney for a divorce (or any other legal concern, for that matter). As such, some couples opt to file for a divorce without legal assistance, and even more decide on low-cost online divorce packages. In many situations, however, forgoing legal aid may not be a good idea.
Missouri is a no-fault divorce state. All that must be shown is that your marriage is irreparably broken and that there’s no reasonable likelihood that it can be saved. The court may consider issues such as adultery in other aspects of the case, including the division of assets and debts, child support and visitation, or spousal support. And though these will have no bearing on the dissolution itself, they could easily become contentious.
When a couple can’t agree on the terms of their divorce, it becomes a contested divorce, which often leads to at least one court hearing. The hearing may involve testimony by each spouse and other individuals and evidence and exhibits. These must be presented to the court according to specific protocols.
Additionally, while you may represent yourself in court, it’s a challenging prospect if you’re not adept at divorce laws and court procedures. The proceedings may also become emotionally charged, making it difficult to maintain proper courtroom etiquette.
It is for all of these reasons that considering a partnership with an attorney is often the best course of action. Even in an uncontested divorce (a separation in which both parties agree to its terms), it’s advisable to consult with one. You may still trust in your soon-to-be ex-spouse, believing that they won’t pull any deceptive moves, only to realize you’ve been undercut when the divorce is finalized.
One consultation with an attorney may be all that you need. They can review the agreement to ensure the marital property and debts are equitably divided and that child or spousal support is sufficient.
When contemplating whether you need an attorney, it’s best to start off by asking yourself things like how well you and your spouse got along during your marriage, as well as whether you often disagreed on finances, the children, or who owns what in the household. If these issues caused friction in your relationship, then such disagreements may likely erupt during the divorce process, making an attorney a wise choice.
No law in Missouri outright requires residents to retain an attorney for a divorce (or any other legal concern, for that matter). As such, some couples opt to file for a divorce without legal assistance, and even more decide on low-cost online divorce packages. In many situations, however, forgoing legal aid may not be a good idea.
Missouri is a no-fault divorce state. All that must be shown is that your marriage is irreparably broken and that there’s no reasonable likelihood that it can be saved. The court may consider issues such as adultery in other aspects of the case, including the division of assets and debts, child support and visitation, or spousal support. And though these will have no bearing on the dissolution itself, they could easily become contentious.
When a couple can’t agree on the terms of their divorce, it becomes a contested divorce, which often leads to at least one court hearing. The hearing may involve testimony by each spouse and other individuals and evidence and exhibits. These must be presented to the court according to specific protocols.
Additionally, while you may represent yourself in court, it’s a challenging prospect if you’re not adept at divorce laws and court procedures. The proceedings may also become emotionally charged, making it difficult to maintain proper courtroom etiquette.
It is for all of these reasons that considering a partnership with an attorney is often the best course of action. Even in an uncontested divorce (a separation in which both parties agree to its terms), it’s advisable to consult with one. You may still trust in your soon-to-be ex-spouse, believing that they won’t pull any deceptive moves, only to realize you’ve been undercut when the divorce is finalized.
One consultation with an attorney may be all that you need. They can review the agreement to ensure the marital property and debts are equitably divided and that child or spousal support is sufficient.
The spouse seeking to end the marriage may have already retained an attorney. Choosing the same divorce lawyer to represent you is not a sound decision. Especially in the case of a contested divorce, a single attorney representing both parties in a courtroom setting would pose a conflict of interest.
Though there is no set time frame, a fair estimate for the length of a contested divorce case ranges between 12 and 24 months. In most cases, an uncontested divorce is the faster route.
There are also other chunks of time you’ll need to slot into the “how long” equation. For instance, when a spouse receives the summons and petition for divorce, they have 30 days to respond in writing. The divorce is also not finalized until 30 days after the judge signs the judgment. If there’s an appeal, it could take even longer.
In Missouri, marital property generally includes items acquired by either spouse or both over the course of the marriage. It excludes effects purchased by either spouse before the marriage, after filing for divorce or separation, and gifts.
A wedding ring, therefore, initially qualifies as a gift, but it also becomes the spouse’s possession upon marriage. Nevertheless, because rings are neither contracts nor legally binding promises, whether you decide to keep yours is usually up to you.
You may not cancel your spouse’s insurance coverage during the divorce process. Instead, you must wait until after the case is finalized. If your employment falls under the Consolidated Omnibus Budget Reconciliation Act (COBRA), your spouse may receive extended coverage for up to 18 to 36 months following the finalization of the divorce.
There are a few exceptions, such as when your spouse obtains different coverage before you remove them. The judge assigned to your case may also make allowances if you’re in the middle of litigation or trying to cancel nonmedical coverage.
There are no guarantees. If you move out of the house before the divorce, it’s wise to take your most prized possessions and all of the important documents that you may need for the divorce before the process is fully underway. If you don’t, you may have challenges reentering the property again to retrieve them. Some bitter spouses may also damage or toss away items that belong to their ex-partners.
In most cases, yes. Even with an uncontested divorce, you must appear before a judge to demonstrate that you meet the legal requirements for a divorce and to obtain the court’s approval. In some counties, though, your divorce attorney may be able to handle your court appearances for you.
As mentioned earlier, a single court visit may be all that is required, especially in cases regarding uncontested divorces.
On the other hand, a highly contentious and contested divorce may demand anywhere from three to six court sessions, including motion hearings, settlement conferences, and a full-blown trial. Depending on the complexity or complications surrounding your case, you may be required to go to court even more than six times.
The more evidence you provide in support of your argument and viewpoint early on, the more likely it will be that you secure a favorable outcome. Ultimately, though, you must remember that the family law process takes time and diligence.
No. You will only be required to attend some court dates. Your attorney will represent you at all of your court dates. When your appearance is required, your attorney will let you know.
If you’re facing a divorce in Missouri, call 314-725-7901 to contact the Law Office of Amy L. Gervich or schedule a consultation. We have the knowledge and experience to take your divorce case, regardless of its complexity or complications.
