Divorce

  • New Missouri Law Allows Divorce During Pregnancy

    Hours Categories Divorce

    A New Option Under Missouri Law For many years, Missouri courts waited until after a child was born before allowing the finalization of a divorce. Although you could begin the divorce process and negotiate property division and other issues during the pregnancy, the final judgment typically was not entered until after the child was born. The Missouri legislature has recently changed the law to allow a divorce to be finalized before the child is born. While that may sound like a quicker solution, it does not eliminate many child-related legal issues, including the presumption of paternity. Child Related Issues Still Have to Be Resolved Whether your divorce is finalized before or after the birth, important decisions involving the child still must be made. Depending on…

  • What About Health Insurance in a Missouri Divorce?  

    Hours Categories Divorce

    Health Insurance During a Pending Divorce Missouri law prohibits a spouse from canceling the other spouse’s health insurance coverage while a divorce case is pending. Many Missouri counties also have local rules that provide additional protection, particularly if you have children who rely on that coverage. If you remove your spouse or children from a health insurance plan without proper authorization, you could face serious consequences from the court. However, you and your spouse can agree to make insurance changes during the divorce, if both of you consent and the change complies with applicable rules. What Happens After the Divorce Is Final Once your divorce is finalized, your former spouse no longer qualifies for coverage under your employer sponsored health insurance plan. At that point,…

  • Why You Don’t Win in a Divorce That Goes to Court

    Hours Categories Divorce

    If your divorce ends in a courtroom battle, there is a very good chance that neither you nor your spouse will walk away satisfied. Choosing an out of court divorce process such as Mediation or Collaborative Divorce helps you focus on your long-term well-being, your children, and your future instead of continuing the conflict. Why There Are No Winners in Divorce Litigation Many people think that in a divorce one person will win and the other will lose.  It is not that simple because divorce involves dozens of decisions about property, division of debts, child custody, parenting time, child support, and many other issues. A judge must make rulings on all those issues and it is highly unlikely that either spouse will receive everything they…

  • What Happens If Your Spouse Doesn’t Want a Divorce?

    Hours Categories Divorce

    If your spouse does not want a divorce, they can slow the divorce process by refusing to cooperate, but they cannot prevent the divorce from happening. In Missouri, one spouse does not need the other’s agreement to end the marriage. Collaborative Divorce and Mediation can help both you and your spouse communicate, address concerns, and better understand the issues that are making the divorce difficult to accept. Your Spouse Cannot Stop the Divorce One of the most common questions people have is whether their spouse can prevent a divorce simply by refusing to agree to it. In Missouri, the answer is no. If you no longer want to remain married, the court will ultimately grant the divorce. A spouse who opposes the divorce can delay…

  • Can Mediation or Collaborative Divorce Work in a High-Conflict Divorce?

    Hours Categories Collaborative Divorce, Divorce

    If you and your spouse are constantly arguing, a high-conflict divorce does not automatically mean you have to go to court. Mediation and Collaborative Divorce can help you resolve issues, exchange information, and reach workable solutions while avoiding the time, expense, and stress that fighting it out in court frequently creates. High-Conflict Does Not Mean Court Is Your Only Option Many people assume that when there is significant conflict in a divorce, litigation is the only path forward. Many high-conflict divorces are successfully resolved through no court options such as Mediation or Collaborative Divorce. The key factor is not whether you and your spouse like each other. The key factor is whether you are both willing to participate in the divorce process, provide the required…

  • What Is the Biggest Financial Mistake You See in a Divorce?

    Hours Categories Divorce

    One of the biggest financial mistakes you could make during a divorce is to agree to a settlement without a full understanding of your finances. When you do not understand the value of your assets, the tax consequences, or your future financial picture, you could give up far more than you realize. Lack of Financial Understanding Can Cost You One of the most common financial mistakes in a divorce is simply not understanding your full financial picture before making any divorce decisions. Too many people focus on getting the process over with and agree to a settlement without fully understanding what they own, what they are entitled to, or what their life will look like afterward. You do not need to know every financial detail…

  • How to Calm Your Worries and Fears in a Divorce

    Hours Categories Divorce

    Fear during divorce comes from uncertainty about your future, finances, parenting, and the legal process. Mediation and Collaborative Divorce help reduce that fear by providing more information, emotional support, and a less adversarial environment. With guidance from financial professionals and divorce coaches, you gain a better understanding of your options, more control over decisions, and a clearer path forward for your future. Fear in A Divorce Comes from the Unknown One of the biggest issues people face during their divorce is fear.  Worries about finances, parenting time, the legal process, or simply not knowing what comes next can have a negative impact on the divorce process. You may feel uneasy because you do not fully understand your family’s financial picture or the decisions that need…

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

    Hours Categories Child Custody, Child Support, Divorce

    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?

    Hours Categories Co-Parenting, Divorce

    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

    Hours Categories Child Custody, Divorce

    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…