Divorce

  • In A Divorce – What Does the Best Interest of a Child Mean?

    In Missouri custody cases, the court decides parenting arrangements based on what serves the child’s overall well-being. Judges look at factors such as each parent’s involvement, the child’s relationships, school stability, mental and physical health, and each parent’s willingness to support the child’s relationship with the other parent. Understanding the “Best Interest” Standard When you are dealing with custody issues in Missouri, the court is required to determine custody according to the child’s best interest. While the law gives several factors for courts to consider, it does not provide one exact definition of what “best interest” means. Missouri law includes a rebuttable presumption that equal or approximately equal parenting time is in a child’s best interest. In other words, the court starts with the assumption…

  • How Can Divorce Make You a Better Co-Parent?

    The divorce process that you choose will shape your future co-parenting relationship. A cooperative process like an amicable or Collaborative Divorce can help you build better communication habits, reduce conflict, and create a healthier environment for your children. While a litigated courtroom process can destroy the relationship with your co-parent and effect your and your children’s lives forever. How to Set the Right Tone in Your Divorce The path you choose for your divorce does more than end a marriage. It sets the tone for your future as co-parents. If you take an aggressive, attack-focused route, that mindset carries forward into every interaction. Those harsh words and actions do not disappear once the paperwork is signed. They tend to linger. When you choose a more…

  • Child Custody Issues with a Special Needs Child

    Your Special Needs Child’s Daily Needs Come First When your child has special needs, custody is not just about where they spend their time. You have to look closely at what your child needs to function each day. Some children rely on medical equipment, mobility aids, or home modifications. If one home is set up for those needs and the other is not, moving back and forth may not be realistic or financially achievable. You could find that your child cannot comfortably transition between two homes. In some situations, maintaining one primary residence, sometimes called nesting, may better support your child’s routine.  Nesting means that the child stays in the primary residence while you and your spouse move in and out of the home during…

  • Can Children Choose Which Parent to Live with in Missouri?

    In Missouri, your child does not get to choose which parent to live with. The court will consider your child’s wishes as a factor, but there is no specific age where that decision becomes theirs. The weight given to what your child says depends more on maturity than age, and how those wishes are shared with the court varies from case to case. What the Court Really Considers in Missouri If you and your co-parent are working through custody decisions, it is important to understand that your child’s preference is one piece of a much larger picture. Missouri law requires the court to consider the “unobstructed wishes of the child.” That phrase sounds straightforward, but in practice, it is anything but straightforward. Judges, Attorneys, and…

  • Can Mediation Work If We Disagree on Everything?

    Mediation can work for you and your spouse or co-parent, even if you disagree on everything, as long as you are willing to listen to each other, to the neutral third party, and to consider different ways to solve your issues. If you go into Mediation saying, “We disagree and I will not consider anything else,” you probably will not reach an agreement. But if you and your spouse or co-parent enter the process ready to listen to each other, to the mediator, and to trusted advisors, and are willing to talk about solutions together, Mediation will work for you. How Mediation Works In Mediation, a trained neutral third-party helps you and your spouse or co-parent talk through your differences and work toward solutions you…

  • The Benefits of a Less Adversarial Divorce vs Litigation

    Choosing a less adversarial divorce process like Mediation or a Collaborative Divorce will protect your family, reduce conflict, and help you build a cooperative relationship with your spouse that benefits your children now and in the future. The Problem with Litigation When you choose litigation, you are immediately pitted against your spouse, the very person you will need to co-parent with for the rest of your life. Starting your post-divorce relationship with conflict and attacks in court sets you up for failure. No one truly wins, and your children will often feel the loss the most. Custody disputes, financial battles, and court hearings can create long-lasting stress and resentment, making it difficult to maintain a positive family relationship. How Mediation and Collaborative Divorce Help By…

  • Your Attorney’s Role in a Collaborative Divorce

    An attorney in a family law case serves two key roles for you: educator and advocate. They guide you through legal processes, explain options clearly, and protect your interests while helping you make informed decisions that support your family’s needs. Understanding the Legal Landscape Family law can feel confusing with its complex rules, forms, and deadlines. Your attorney helps you understand your options, whether you are considering a Collaborative Divorce, negotiating child custody, or addressing property division and financial matters. By explaining each step clearly and how it affects you and your spouse, your attorney helps you make informed decisions rather than reacting under pressure. They also help you understand long-term consequences. For example, agreements on finances, property, or support can have implications for years…

  • Creating a Parenting Plan that Will Work

    A parenting plan outlines when each parent has the children, how decisions about their care will be made, and how to handle communication, child support, healthcare, and other expenses. It will serve as a roadmap for your family, ensuring clarity and consistency, and the court will enforce it if disagreements arise. Why Missouri Requires a Parenting Plan When you and your spouse begin planning for your children’s future, one of the first things you will need to create is a parenting plan, a structured document that outlines how you will share time, responsibilities, and decision-making for your children. Missouri law requires this plan as part of finalizing custody, and it must include certain elements that help both of you manage daily life with consistency and…

  • 6 Steps in the Collaborative Divorce Process

    In a Collaborative Divorce, you and your spouse choose a team of divorce professionals to help you resolve your divorce privately and respectfully. You each hire your own collaboratively trained attorney, select a divorce coach, a financial professional and child specialist if needed. You meet as a team to address parenting, finances, and any urgent concerns. When you reach a final agreement, the documents are drafted, reviewed, signed and then filed with the court for final approval. Step 1: Choose a Collaborative Attorney The first step in a Collaborative Divorce is finding a Collaborative Divorce attorney you feel comfortable with and want to work with. If your spouse already has a collaborative attorney, the two attorneys will begin talking about how the Collaborative Divorce process…

  • What Are the Types of Meetings in a Collaborative Divorce?

    In a Collaborative Divorce, you may participate in several types of meetings depending on your family’s needs. These can include full team meetings, financial meetings, divorce coaching sessions, and child specialist meetings. Not every case requires all of them, and each meeting serves a specific purpose as you work toward settlement. How Collaborative Divorce Meetings Work Collaborative Divorce is built around structured conversations. Instead of going to court, you and your spouse meet with professionals in planned sessions designed to resolve issues and reach a final agreement. Each meeting has a defined role. Some focus on finances. Some address parenting. Others deal with communication or emotional concerns. Together, they help move the process forward in an organized way. Full Team Meetings The full team meeting…