While there are clear procedures in place for custody of children and division of property post-divorce, the law offers little guidance on an issue often of great importance to divorcing couples: the family pet.  Traditionally, the law recognizes a family dog or cat as nothing more than property to be divided along with the couches, TV’s, and other household goods.  The law falls short of reality in this situation, as many people love their pets as bona fide family members. While pets are traditionally viewed as property in the eyes of the law, some courts and states are beginning [...]

Like other states, Missouri has a process called legal separation. In essence, a legal separation allows a married couple to live apart while being protected by a state court via order for property division, child custody and support and the like. At the same time, the couple remains legally married. Legal separation has been described as a middle ground for those who feel the need to maintain separate households, sometimes for very compelling reasons like domestic violence, yet they wish to remain married for religious or moral reasons. The process does not end a couple's marriage, yet it goes a [...]

As a previous post on this blog discussed, prenuptial agreements can be very beneficial to couples in the Kansas City area who are thinking about taking the next step in their relationship and tying the knot. Particularly when one or both of the spouses has been married before, a prenuptial agreement can help even happily married couples with no plans to divorce protect certain valuable legal interests. Like other states, Missouri law imposes certain minimum legal requirements that couples must abide by if they want to create a valid prenuptial agreement. If they do not abide by these requirements, then the risk [...]

It is an unfortunate reality that many marriages in Missouri and across the U.S. simply do not work out and the couple decides to divorce. The end of a marriage can be a difficult time rife with dispute over various issues, but it can also be a positive if the parties are able to move on. What is key to a successful divorce proceeding is understanding the requirements to complete the process. Couples in Missouri must meet the residency requirement by living in the state for a minimum of 90 days. Missouri is a "no-fault" divorce state. That means that neither [...]

When a Missouri couple ends a marriage and there are children involved, it is not simple to determine the visitation plans. Often, this is limited to parenting time, but there are others, such as grandparents who believe they should have the right to see the child. This can be the foundation for a dispute. Understanding the law regarding grandparent visitation is key when there are issues preventing it. Reasonable visitation can be given to grandparents in four circumstances. First, if the parents have decided to dissolve the marriage, the grandparents can intervene in the action only because of visitation issues. They [...]

As you are planning to get married, it can be beneficial to think about your plans beyond just the day of the wedding. It is prudent to consider financial roles, responsibilities and even what will happen in case of eventual divorce. One of the ways you can do this is to draft a prenuptial agreement. Some Missouri couples fail to draft a prenuptial agreement, even if they think it could be beneficial because it seems to be planning for the marriage to fail at some point. In reality, it is not planning to divorce in the future, but instead, it [...]

There are a multitude of reasons that the parties to a married couple may choose to end their union. They may find that over time they have grown apart, or the end of the union may be sudden realization based on the conduct of one or both of the parties. In Missouri, individuals do not have to plead fault to bring their marriages to their ends, but fault can play a role in a divorce if the legal matter is contested. A no fault divorce is one in which blame for the end of the relationship is not assigned [...]