Family Law Talk

An equal parenting bill is moving forward in the Missouri Senate.  It is known as SB14.  A previous version of this bill passed the Missouri House of Representatives last year by a vote of 137-7.  It was known as HB1667 at that time. Nobody knows for sure whether this bill will become law.  But it seems to stand a good chance given how it passed the Missouri House of Representatives last year by a...

The idea of a collaborative divorce sounds appealing to many when they consider the alternative of a custody divorce matter. Many wonder whether they can just hire any attorney for a collaborative divorce. They seem the term "collaborative" or other terms like "uncontested" or "noncontested" on lots of lawyers webpages and do not understand the difference. This article talks about this concept and...

When individuals are going through a divorce or family law matter and are looking for an attorney, many want to bring friends or family members into the initial consultation. The reasoning can make sense on a surface level in that they are looking for moral support and a second option. However, there are risks with bringing others into an initial consultation relating to attorney-client privilege...

When individuals who are engaged decide to enter into a prenuptial agreement (also known as a premarital agreement), it is critical that both parties have independent counsel to represent them in the process.  This would also be true if parties were entering into a post-nuptial agreement after the marriage.  This epside discusses this topic and is based on an episode on Family Law Headquarters tit...

State administrative agencies will often help establish paternity and set child support obligations. However, many do not understand that these same administrative agencies will not enter child custody or visitation awards. When many realize this, they are miffed and cannot understand why. Find out more in this episode. You can also read an article on Family Law Headquarters titled: Paternity case...

When many are anticipating a divorce, they wonder about the average cost. Obviously, the cost of any divorce can vary depending on whether it is simple or complex, contested or uncontested and based on various other factors.  However, many do not think about how much they spent on their wedding.  This article discusses the average cost of divorce nationwide versus the average cost of a wedding.  T...

When going through a divorce or family law matter of any kind, legal research is often very important in terms of helping analyze a case and develop the best possible strategy for a positive result.  However, many clients do not understand the need or the reasons for legal research.  Many think that lawyers should be walking and talking encyclopedias of law.  They also might wrongly believe that c...

Divorce and family law cases can bring out a lot of emotions. Many individuals, however, over-react when they read legal pleadings, motions and other documents in their divorce or family law matter. This is particularly true for those who have not been through a case like this before and/or for those who have no legal training. This episode explains why it is important to remain cool and level-hea...

When a divorce or family law case begins, one party is sometimes moving quicker than the other.  One party may have an attorney while the other does not have an attorney.  In some cases, the party who does not have an attorney is presented proposed settlement or other legal documents and asked to sign them.  This episode talks about the dangers of signing any proposed settlement and/or other legal...

When going through a divorce or family law matter, the seemingly little things can cause lots of parties dress.  From where to park, or what time to show up to what should I wear in court? What a party wears in court can make a difference in terms of how a judge views a party.  This episode talks generally about what a party should consider when determining what to wear to court.  This episode is...

A guardian ad litem is sometimes appointed by the court in a contested custody case.  This is particularly true where allegations of abuse and neglect are raised.  Ensuring that the guardian ad litem has all the information they need to make a recommendation on behalf of the children is vital.  In this episode, we discuss how getting information to the guardian ad litem is critical.  This episode...

In highly contentious divorce and child custody matters, one parent might believe that their is parental alienation that has taken place.  In other words, they believe that the other parent has said or done things to such an extreme degree that they children no longer want to be around them or have a relationship with them.  Proving parental alienation is hard, however, and often requires the use...

Many individuals have child support orders entered against them.  Versus paying through the state or by check where it can be documented, some may pay child support by cash (or gifts even).  This episode talks about the risks inherent in paying child support by cash.  You can read more on this topic in our article on Family Law Headquarters titled: Do not pay child support by cash.  You can also f...

An interesting decision came out in Missouri known as McQueen v. Gadberry (ED103138).  Among others, an important question in this case is whether pre-embroys are considered human beings under Missouri law or whether they are considered property in divorce proceedings.  This case is bound to have future implications in Missouri and other states. The case may also make it's way to the Missouri Supr...

When a client goes through a divorce or family law matter, many clients wonder how long it will take a judge to issue a judgment and enter a ruling in their case.  Many clients think that judges rule from the bench immediately after a trial. Others have different expectations.  This episdoe explores this topic.  To read more on this topic, you can read our article on Family Law Headquarters titled...

Are you wondering who gets the engagement and wedding rings in divorce?  In other words, does the person who received these items have to give them back?  Or do they ordinarily get to keep them in divorce?  In this episode, we explore this topic.  This episode is based on an article on Family Law Headquarters titled: Who gets the wedding and engagement rings during divorce?   You can find more mor...

How a party presents themselves can go a long way in the family and divorce court.  This is true as it relates to what say, when they say it, their manners, demeanor and overall body language.  You can find out more information on this topic by listening to this episode.  You can also read our blog article titled: How manners can go a long way in court.  You can also call us at 1-855-805-0595 or f...

In many child custody cases between unmarried parents, the paternity of the father can be in doubt.  In many of these caess, a paternity tests is warranted.  But in somtimes, a paternity test can have the unintended consquence of complicating a child custody case where paternity was never really in doubt.  Find out why in this episode.  This is based on an article on Family Law Headquarters titled...

In diorce and family law cases, there can often be lots of issues that are important to the parties.  In some cases, the parties might rank their case priorities differently in terms of a substantive case outcome.  This episode talks about the principle of giving on some items to get concessions on other items that might be more important to the party.  To find out more about our Missouri and Illi...

This episode talks about a fairly recent trend on the part of some states to drop the terms of legal and physical custody in favor of parenting time and allocation of parental responsibilities.  One perspective is that these terms are more friendly to litigants in family law matters and can help lead to the resolution of family law disputes.  This episodes talks about this trend.  It is interestin...

HB1550 has become the law in Missouri.  HB1550 has been put forth has a shared parenting bill, which passed the Missouri House and Senate.  Last week, the legislation was signed by Governor Nixon and has become law.  What are the implications of this legislation?  What are the potential pros?  What are the potential cons?  And does this legislation help those it was designed to help?  This podcast...

In lots of child custody matters between married parents, the last name of the minor child can come into dispute.  In some cases, the mother may want the child to have her last name whereas the father will want the child to have his last name.  In these circumstances, lots of cases can become contested over this issue.  As a compromise, more courts are entertaining the thought of hyphenating the l...

When a divorce is filed, many have questions about how things will work when the divorce is pending?  How will marital debts be paid?  Who will get possession of the marital property?  What about child custody and spousal support?  These are all questions many have after a divorce has been filed and while the matter is pending.  This episode addresses this topic.  It is based on an article on Fami...

One of the most common causes of divorce is the inability to compromise and communicate on important issues.  Over time, this can cause the breadown of many marriages.  At the same time, when a divorce is filed, many often assume parties should be able to communciate effectively and compromise to settle the divorce.  The reality is this is hard for couples who had a hard time communicating and com...

In many child custody cases, there can be a big disagreement on what school with the children can attend.  This can occur in divoce and child custody cases where parents have different viewpoints on what is in the best interests of this children.  In this episode, find out more on this topic and about what courts might consider in case.   This episode is based on an episode on family law headquart...