Divorce Attorney in O'Fallon, MO

Your relationship with your spouse, whether you are willing to compromise, the duration of the marriage, and the complexity of marital assets and debts are all important factors that impact how long the divorce process is. When matters related to child custody, visitation, and support are involved, the process can be even more complicated. Generally speaking, you can expect your divorce to take anywhere from a few months to several years. A contested divorce must be litigated in court, so it may take a year or more to resolve. An uncontested divorce could be resolved in a few months when both spouses are willing to compromise and negotiate an agreement.

As with any legal matter, you may need to go to court. Whether you and your spouse can reach a full or partial settlement agreement, your divorce settlement must be approved by a court. In most cases, both parties are required to attend a court hearing. When creating a divorce settlement, a couple comes up with their divorce terms and presents them to a judge. If the judge finds the agreement compliant with state and federal laws, they approve the stated terms, and the divorce is finalized.

Working with your spouse to reach an agreement is ideal since it gives you control rather than leaving it up to a judge. Missouri is an "equitable distribution" state, which means judges will divide marital property in a way they believe is equitable but not necessarily equal. Generally, in equitable division states, marital property is everything that either partner earned or acquired during the marriage unless you both agree otherwise. Separate property includes anything gifted, inherited, or acquired before the marriage and generally remains with the original owner.

Alimony, often referred to as spousal maintenance, is a payment from one ex-spouse to another. Spousal maintenance aims to provide one spouse with the same financial stability and comfort enjoyed during the marriage. Spousal maintenance payments can be either temporary or permanent, but permanent spousal maintenance is rare.

If you and your spouse cannot agree on child custody, the courts will determine this issue based on what they consider the child's best interest. Issues including financial stability, the child's age and needs, each parent's health, and other relevant factors are evaluated. The court will also consider any history of domestic violence, abuse, neglect, or substance abuse problems when determining custody.

Joint custody means that both parents have equal rights in decision-making for their child(ren), especially in education, religious upbringing, and significant healthcare considerations.

Missouri courts use Form No. 14 to establish a "presumed amount of child support." A family court judge ultimately determines if the amount is reasonable based on each party's circumstances. Judges have the power to adjust child support amounts either up or down. There are a variety of online child support calculators that can help you estimate the amount of support owed to you or the other parent.

About O'Fallon, MO

O'Fallon is located along Interstates 64 and 70 between Lake St. Louis and St. Peters in St. Charles County, Missouri. As of the 2020 census, O'Fallon had a population of 91,316, making it the largest suburb of St. Louis, as well as the largest municipality in St. Charles County and the seventh-largest in Missouri. With the philosophy of “family first,” the City of O’Fallon has achieved phenomenal growth for more than four decades, making it one of the fastest-growing cities in the nation. O’Fallon is consistently ranked as one of the safest and most livable cities in America.

O'Fallon boasts several hiking and cycling trails, wildlife and nature conservation areas, parks, golf courses, and other recreational opportunities. Shopping, dining, medical facilities, and highly rated public and private schools make O’Fallon a top choice for families. Watch an O'Fallon Hoots professional baseball game at CarShield Field, tour the historic Heald Home or the O’Fallon Historical Society’s Log Cabin Museum.  You can also pay tribute to America’s soldiers, past and present, at the Veterans Memorial Walk. The Renaud Center offers people of  all ages aquatics, fitness programs, personal training, and more.

Things To Do in O'Fallon, MO