Divorce

Divorce: What to Consider Before You Remarry

June 2, 2025June 2, 2025 Divorce

If you have gone through a divorce, before you remarry, you should take time to evaluate how a new relationship could affect your children, financial obligations, and legal rights. Conversations about debt, assets, and future responsibilities are not only practical, they are a necessity. A prenuptial agreement or consultation with a lawyer can help protect everyone involved. Put Your Children First If you have children from your previous marriage, their needs should remain a top priority. This includes making sure you have the resources to support them if your situation changes. You may want your assets to go to your children if something happens to you. That may require a prenuptial agreement, trust, or an updated estate plan. Without something in place, your new spouse…

Divorce

Can I Change My Will During My Divorce?

May 27, 2025May 27, 2025 Divorce

When you are in the middle of a divorce, you may start thinking about changing your will or updating your estate plan. While it is possible to make some changes, there are limits to what you can do and what will actually be recognized. You Can Change It, But It May Not Hold Up In Missouri, you are allowed to revise your will while your divorce is pending. However, if something were to happen to you before the divorce is finalized, the court may still treat your spouse as your legal heir. Unless you have a pre or post nuptial agreement or another legal document that says otherwise, most or all of your assets may still go to your spouse. Even if you change your…

Divorce

Divorce: Why Do I Need a QDRO?

May 19, 2025May 19, 2025 Divorce

When you’re finalizing your divorce, you may think everything is settled once the judge signs the agreement. But if you’re dividing retirement accounts, you’ll likely need one more step: a Qualified Domestic Relations Order, or QDRO (pronounced “quad-ro”). What a QDRO Actually Does A QDRO is separate from your divorce judgment and plays a key role in making sure the division of retirement accounts is recognized and processed properly. Think of a QDRO like the title to a car. If you’re awarded a vehicle in the divorce, the judgment gives you ownership, but you still have to re-title it at the DMV. The same is true for retirement plans. A QDRO acts as the legal document that transfers part of a retirement account, such as…

Divorce

Bankruptcy and Divorce: What to Know

May 12, 2025May 19, 2025 Divorce

If you, your spouse, or both of you are in financial trouble, it is important to understand how bankruptcy might affect your divorce and what steps you need to take to avoid setbacks. You May Need Permission to Proceed with Your Divorce If you have already filed for bankruptcy, you will likely need permission from the bankruptcy court to move forward with dividing property, setting support payments, or finalizing other parts of your divorce. Custody decisions can typically continue without delay, but anything that involves money or property must go through the proper process with the bankruptcy court. When you both agree, getting this permission is usually straightforward with a consent motion and order. However, if you can’t agree, a contested motion may need to…

Divorce

Divorce: The Emotional and Financial Costs

May 5, 2025May 5, 2025 Divorce

You likely feel hurt, angry, or even betrayed during the process of your divorce; but beware your emotions can make the entire divorce process more expensive. Additionally, Judges notice emotional behavior and it can influence their decisions about custody, property division, or even legal fees. Decisions That Cost More Than Money The emotional side of divorce affects more than your bank account. If you become too attached to a house, a business, or other physical property, you might make choices that do not serve your future well-being. For example, keeping a house, you cannot afford or refusing to sell an asset out of spite can leave you financially unstable after the divorce. Emotionally driven decisions can also affect your relationships with your children or your…

Divorce

What Do You Have to Gain by Being Nice During Your Divorce?

April 28, 2025April 28, 2025 Divorce

Divorce can bring out strong emotions, but how you handle those feelings can make a big difference. You might feel angry or hurt, but treating your spouse with kindness during the process can have real benefits. Being respectful is not just about avoiding conflict. It can affect important decisions like property division, legal fees, and child custody. Your Behavior Is Being Watched Once the divorce process begins, many people are observing your actions. Attorneys on both sides, a guardian ad litem if children are involved, and most importantly, the judge, are all paying attention. Every text message, email, comment, and social media post you make can be reviewed and considered during your case. If you come across as angry or uncooperative, it could hurt you…

Divorce

Divorce: Finding the Best Outcome for You and Your Pet

April 21, 2025April 21, 2025 Divorce

When going through a divorce, deciding what happens to your pet is an emotional and complicated issue. While you may see your pet as a beloved family member, Missouri law treats them differently. In divorce cases, pets are considered property, similar to a couch or a piece of furniture. But we all know that pets are more than just property for your family. Here is what you need to understand when making pet decisions. The Legal Status of Pets In Missouri, pets are not given the same treatment as children in divorce cases. The law does not allow for “custody” arrangements for pets, meaning they won’t move between homes like a child would. Instead, a court will decide who keeps the pet, just as it…

Divorce

Divorce: Why You Should Tell Your Lawyer Everything

April 14, 2025April 14, 2025 Divorce

When you are going through a divorce, honesty with your lawyer is extremely important. If you hide information, even unintentionally, it can hurt your case. Your lawyer cannot protect you if they don’t know the full story. When unexpected facts come up during a trial, Mediation, Collaborative Divorce or negotiation, your lawyer needs to be prepared to respond effectively. If they are caught off guard, it weakens your position and could lead to worse outcomes. Imagine sitting in a courtroom and hearing the other side reveal a fact you never shared with your lawyer. If your lawyer knows about potential problems beforehand, they can investigate, find solutions, and address any issues before they become serious. By being honest upfront, you give your lawyer the chance…

Divorce

What About the House?

April 7, 2025April 10, 2025 Divorce

When going through a divorce, one of the biggest questions you may face is, “What happens to the house?” Whether you’re worried about immediate decisions or long-term outcomes, the family home carries emotional and financial weight. Understanding your options can help you make informed choices. Who Pays the Mortgage During the Divorce? One of the first questions to address is how to manage the mortgage while your divorce is pending. If both of you remain in the home, will you split the mortgage payments? If one person moves out, will they still contribute? Failing to plan for these costs can lead to missed payments, damaged credit, and even foreclosure. It can be helpful to reach a temporary agreement about mortgage and utility payments. If you…

Divorce

How to Keep Your Divorce Private

March 24, 2025April 10, 2025 Divorce

Divorce can feel like an invasion of your personal life, and it’s only natural to want to protect your privacy. While it’s not always easy to keep everything confidential, there are options that can significantly reduce the chances of your private matters becoming public. By choosing the right approach, you can ensure that sensitive information stays between you and the professionals involved. Choose Collaborative Divorce If privacy matters to you, the Collaborative Divorce process is a strong choice. Unlike traditional divorce proceedings, which involve public court records, a Collaborative Divorce keeps most of the details between you, your spouse, and your professionals. With Collaborative Divorce, you work with attorneys, financial planners, and sometimes mental health professionals to resolve issues without going to court. This process…