Family Law Talk

Missouri has passed a new law allowing courts to finalize divorces during pregnancy, but the change raises important legal and practical questions. In this episode, we discuss what the new law does, why it was enacted, how it could affect child custody, paternity, and support issues, and what families should understand as Missouri courts begin applying this significant change. The episode is based...

This episode explains how pour-over wills work alongside revocable trusts as part of a coordinated estate plan, highlighting how a pour-over will acts as a safety net to capture any assets that were not transferred into the trust during a person’s lifetime. Rather than distributing those assets directly, the will directs them into the trust after death, so everything is ultimately managed and dist...

When a business heavily relies on a single owner or employee, valuation experts may apply a key person discount to reflect the risk that the company’s value could decline if that individual were to leave. In this episode, we examine how this concept impacts business valuations during divorce. This episode is based on our blog article titled: Understanding the key person discount in business valuat...

This episode looks at whether you can and should bring your lawyer to family law mediation. We discuss how mediation works, why having legal counsel present can help you understand settlement offers and protect your interests, and how a lawyer can level the playing field—especially in complex cases involving children, significant assets, or power imbalances. You’ll also hear about situations where...

This episode examines the impact of digital activity on divorce and family law cases. From accessing a spouse’s accounts to managing social media and securing personal devices, we discuss common digital missteps that can create legal trouble. Learn practical steps to protect your privacy, safeguard communications with your attorney, and avoid online actions that could negatively affect your case....

On this episode of Family Law Talk, Kirk Stange explains that introductory visits are a step-by-step way to help a parent and child reconnect when there has been a long absence. These visits usually begin with brief supervised time together and gradually expand to longer, unsupervised visits and overnights. The goal is to give the child time to adjust, address any concerns in a structured setting,...

On this episode of Family Law Talk, Kirk Stange explains that co-parent counseling can help separated or divorced parents improve communication and reduce conflict, often through court referral. Sessions begin individually and move to joint meetings to build cooperative parenting skills. While it can ease disputes and prevent further litigation, its success depends on both parents’ willingness to...

On this episode of Family Law Talk, Kirk Stange discusses that in divorce cases, it often doesn’t matter which attorney drafts the settlement paperwork as long as the terms are clear, but efficiency can be affected. One lawyer preparing everything may cost more for their client, yet speeds the process, while splitting drafting duties can cause delays that risk complications. This episode is based...

On this episode, Kirk Stange discusses psychosexual evaluations, which are detailed assessments used in child custody cases when sexual abuse is alleged or a parent is considered a risk. They involve clinical interviews, psychological testing, and sometimes physiological measurements to determine the individual's sexual behaviors and potential risk. He also discusses how courts utilize the results...

On this episode, Kirk Stange discusses the importance of patience and trust during the legal process. Family law matters like divorce and custody disputes can be emotionally overwhelming, but clients who have faith in their attorney and the legal system are more likely to feel satisfied with the outcome. This episode is based on an article on Family Law Headquarters titled: Why having faith can pa...

On this episode, Kirk Stange discusses how county assessor valuations are often inaccurate for divorce cases because they don’t involve thorough home inspections. Instead, a professional appraisal is typically more reliable and legally accepted when determining a home’s value in court. This episode is based on an article on Family Law Headquarters: Is the real estate assessor’s value accurate? To...

On this episode of Family Law Talk, Kirk Stange explains that divorce and family law matters are rarely simple, even when parties hope for an amicable outcome. Emotional strain, differing views on fairness, and poor communication often complicate the process. Some individuals may agree to unfair terms to avoid conflict, only to regret it later.  This podcast is based on an article on Family Law He...

In this episode of Family Law Talk, Kirk Stange discusses that preparation is key before heading to court for a family law case. Know the type of hearing, confirm if you need to attend, and plan ahead for logistics like parking and childcare. Dress professionally, prepare for testimony if required, and understand courtroom dynamics to set realistic expectations.  This episode is based on an articl...

This episode explains that after a divorce, responsibility for debt depends on whether it was incurred individually or jointly during the marriage. Even if a divorce decree assigns debt to one spouse, creditors may still hold both parties liable for joint debts. To avoid complications, it’s important to close or refinance joint accounts and seek legal advice. This episode is based on an article on...

This episode identifies key red flags in prenuptial agreements, including rushed signing, lack of legal representation, vague terms, illegal provisions, and unfair terms favoring one spouse. It stresses the importance of fairness, clarity, and mutual legal review to ensure enforceability. This episode is based on an article titled: Red Flags in a Prenuptial Agreement To learn more about our Tulsa...

This episode explores the debate over no-fault divorce, which allows couples to divorce without proving fault. Critics argue it weakens marriage and contributes to family breakdown. Supporters counter that requiring proof of fault can prolong legal battles, increase costs, and trap individuals in abusive marriages. Since divorce laws are determined at the state level, federal influence over them i...

In this episode of Family Law Talk, Kirk Stange discusses the fact that in many states, pets are considered property, and courts typically award ownership to the spouse who primarily cares for the pet. Factors like daily care, financial ability, and emotional bonds are considered. Unlike child custody, shared pet custody is uncommon, but couples can agree on private arrangements. This podcast is b...

This podcast episode discusses how dating during divorce can lead to legal complications, impact custody decisions, and create emotional challenges. While not illegal, it’s best to wait until the divorce is final. If dating, discretion is key—avoid involving children or publicizing the relationship to minimize risks. This episode is based on an article on our Family Law Headquarters blog titled: I...

In this episode, Kirk Stange discusses the common assumption in divorce and family courts that individuals in a relationship are inherently similar, encapsulated by the phrase "birds of a feather fly together." This thought process suggests that if one party exhibits erratic or irrational behavior, the other is likely the same, based on the notion that they chose each other for marriage or parenth...

This episode outlines the factors influencing divorce expenses, including attorney fees, filing fees, and additional costs. Attorney fees vary based on experience and case complexity, with contested divorces costing more due to disputes over issues like custody or property. Uncontested divorces, where parties agree on terms, are less expensive and faster.  This episode is based on an article title...

A motion to compel in family law litigation is filed when one party fails to respond to discovery requests (like interrogatories or document requests) or provides incomplete responses. The motion asks the court to order the non-compliant party to answer fully. Judges typically review the responses and may impose deadlines, sustain objections, or award attorney’s fees if misconduct is evident. This...

When a party is served with an initial pleading in a divorce or family law case , they must file a response. The rules vary by state, but each jurisdiction has specific deadlines within which the response must be filed. It's essential to adhere to these deadlines to avoid legal consequences. This podcast is based on an article on our Family Law Headquarters blog titled: What’s an answer to initial...

When spouses involved in a divorce have business interests , it can complicate the process. Valuing these interests is often intricate and typically requires the expertise of a professional business valuator to ensure an accurate assessment. This podcast discusses the role of "goodwill" in business valuations during divorce proceedings. This podcast is based on an article on our Family Law Headqua...

Divorce and separation cases can be complex, often involving difficult decisions around child custody, visitation, and support. Even when parents are willing to work together, these emotionally charged situations arise as both parties seek time with their children in a new family structure. Navigating these issues requires careful consideration. This podcast episode is based on an article on our I...

Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often confused by what this means when reading it. Thus, it is no surprise that the concept can seem murky for individuals going through divorce or family law matters. This podcast is bas...