After a Petition for Divorce (or Dissolution of Marriage as it is called in Missouri) has been filed, the parties can begin the discovery process. “Discovery” is the process by which the parties exchange information and documents to enable the attorneys and parties to prepare for negotiations and/or trial. Discovery can be conducted formally or informally, and it is a useful procedure for ensuring both parties have a complete picture of the marital estate and the finances of both parties. In a dissolution of marriage proceeding, it is important for a party to disclose his or her income and [...]

Social media has increasingly become a major part of our day-to-day lives. We often turn to social media to express our joys and grievances, sometimes without even thinking about what we are putting out into the world. If you are going through the process of divorce, it is important that you are mindful of your social media use. What you post on social media can be used as evidence for or against you during your divorce. Your social media use can have a negative effect on the amount of legal fees you pay in your divorce, the amount of [...]

Prenuptial agreements (also known as antenuptial agreements or “prenups”) are contracts entered into between prospective spouses prior to and in contemplation of marriage. Prenuptial agreements generally determine how property and assets will be divided in event of divorce. These agreements are typically favorable and enforceable under Missouri law. The terms of a prenuptial agreement can include division of real property, individual and marital assets, business assets, and individual and shared debts at death or divorce of the spouses. Prenuptial agreements can also include provisions affecting issues like spousal maintenance and payment of attorney’s fees in a divorce action. On [...]

Along with negotiation and arbitration, mediation is a method of dispute resolution alternative to traditional litigation. Mediation is a process of assisted negotiation involving the use of a neutral third party to help the disputants discuss and resolve issues. While mediation can be utilized as an alternative to traditional litigation, it is also a common tool for reaching a resolution during the process of traditional litigation. In other words, parties may hire attorneys, file a case with the court, and exchange documentation through the process of formal discovery. But they can then attempt to resolve their issues prior to [...]

The current COVID-19 pandemic, along with the restrictions that go along with it, has complicated virtually every aspect of our society, including the courts and how we practice family law. Unfortunately, family conflict does not go away during difficult times. On the contrary, issues within the family are likely to be exacerbated due to families being forced to occupy the same space for long periods of time under the shelter-at-home restrictions. Although most law firms in Kansas City are not physically open to clients or staff, domestic lawyers are continuing to work remotely to assist their clients with ongoing [...]

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 [...]