Are you a parent considering a divorce in St. Charles County, Missouri? If so, the division of marital assets and child custody issues are critical aspects of the divorce process. When getting a divorce in this jurisdiction, it's vital to understand how marital assets are typically divided and how child custody issues are handled.
Factors Considered When Dividing Marital Assets
Missouri follows equitable distribution laws regarding dividing marital property during a divorce. Equitable distribution does not necessarily mean an equal 50/50 split; instead, it aims to achieve a fair distribution based on various factors.
When determining the division of marital assets, the court considers factors such as:
Each spouse's contribution to the marital property.
The economic circumstances of both parties.
The value of non-marital property.
The custodial arrangements for any children involved.
It's important to note that only marital property is subject to division. Marital property typically includes assets acquired during the course of the marriage, such as homes, vehicles, bank accounts, retirement accounts, investments, and other belongings.
In cases where spouses can agree on the division of marital assets, they may create a settlement agreement outlining how property will be divided. The court must review and approve this agreement to ensure it is fair and equitable.
Suppose couples cannot agree on asset division. In that case, the court will make decisions on their behalf based on Missouri's equitable distribution laws. The court will weigh various factors to divide assets in a manner deemed fair, given the circumstances of the case.
Working with an experienced divorce attorney who can help you navigate these complexities is important. They can provide guidance on what constitutes marital property in your specific case and advocate for a fair division of assets based on your unique circumstances.
Remember that divorce can be emotionally challenging, particularly when dividing assets accumulated throughout your marriage. Being prepared with knowledgeable legal representation can help protect your rights while promoting a smoother transition into post-divorce life.
Understanding Child Custody and Support
Child custody and support are central concerns in any divorce involving minor children. It's crucial to thoroughly understand these matters to ensure the children's best interests are met.
When it comes to child custody, there are two main types: physical custody and legal custody. Physical custody refers to where the child primarily resides. Legal custody pertains to decision-making authority regarding the child's welfare, including education, healthcare, and religious issues.
In Missouri, courts encourage joint custody arrangements that promote shared parenting responsibilities as long as it is deemed in the child's best interest. Joint physical custody allows children to spend significant time with both parents. In cases where joint custody is not feasible, sole physical custody may be awarded to one parent, with visitation rights granted to the non-custodial parent.
Child support is financial assistance provided by one parent to the other for the benefit of their child or children. The amount of child support is determined by Missouri statutory guidelines that consider several factors, such as each parent's income, the number of children involved, and certain expenses like daycare or medical costs. The goal is to ensure that each parent contributes proportionately to the child's financial needs.
It's worth noting that child support payments cannot be waived or modified without court approval.
Failure to pay court-ordered child support can result in legal consequences for the non-compliant parent.
Finding the Right Family Law Attorney in Missouri
Finding the right attorney to represent you when facing a divorce or any family law matter is crucial. A skilled and experienced family law attorney can guide you through the legal process, protect your rights, and advocate for your best interests.
To begin your search for a family law attorney in Missouri, start by researching law firms in your area that specialize in family law. Look for attorneys with extensive experience handling divorce and related cases, such as child custody, support, and property division.
It's crucial to schedule consultations with potential attorneys to discuss your case. During these meetings, ask questions about their experience, approach to handling cases, and familiarity with local court procedures. Consider whether you feel comfortable and confident in their ability to represent you effectively.
Lecour Family Law Treats You Like Family
When searching for a divorce attorney in St. Charles, turn to Lecour Family Law. We prioritize your best interests, consider all case factors, and work with you to determine the best plan of action. If necessary, we are equipped to handle litigation to ensure you receive the outcome you deserve.
Lecour Family Law Is Here To Help With Your Marital Assets Division
Are you facing legal issues related to divorce, child custody, or paternity in St. Charles, Missouri, and surrounding areas? Look no further than Lecour Family Law. Our experienced team of family law attorneys is dedicated to providing you with the representation you deserve. We understand the stress and emotional turmoil that can come with family law issues, which is why we work tirelessly to ensure your rights are protected and your needs are met. Don't face these challenges on your own – let us help. Contact us today at (636) 685-0440 to schedule a consultation and see how we can assist you.