Complicating Factors in St. Louis Divorces
A dissolution of marriage, or divorce, is finalized once the parties receive an actual judgment from the court. A judge will issue a final divorce judgement once all the couple’s marital property has been divided and custody has been decided. Divorce tends to be a complicated process because of the emotions behind it.
Divorcing couples go through all the stages of grief while they are beginning to file for the dissolution of their marriage. Some people may get to the acceptance stage faster than others, but it is very emotional nonetheless. Getting past emotions and being able to move on and deal with divorce like a business transaction can make avoiding complicating factors in St. Louis divorces easier and ultimately less costly.
Assets and Custody
Some people do not know what their assets are and must work to gather all of their property information. They have to value all of their assets – whether they agree on the value or hire experts to value their assets for them. They may need to get quite a bit of paperwork going years and years back.
If there is custody involved, the process can be even more emotionally challenging. Sometimes mental health issues or abuse may be involved. Regardless, all of this, property division, child support, child custody, and maintenance must be completed in order for the court to finalize a divorce.
A common problem same-sex couples run into when they begin the divorce process is the care and custody of children. A problem we see is if a couple didn’t adopt the child correctly and both parties are not on the birth certificate. In either situation, a lawyer may need to file an additional custody case, depending on exactly what happened at the time of adoption or birth.
How the child was born, whether the child was adopted by both of them, whether one of them gave birth to the child and the other adopted, and whether the adoption was never done can complicate the divorce process for same-sex couples in St. Louis. Those are fairly common problems if things were not done correctly.
There are different kinds of custody cases, and if someone files the wrong one, it could delay the process and prevent them from seeing their child. Having a copy of the birth certificate in advance can be helpful. We can help prove that you have been in your child’s life and acting as their parent. You may be entitled to third party custody rights even if you are not on the child’s birth certificate.
What is the Role of Mediation?
Mediation is not mandatory in St. Louis divorces. Mediation involves meeting with an attorney who is trained in family law and working to resolve the case without going to trial. This can be a particularly helpful tool for wading through any complicated issues that are present in a St. Louis divorce case.
The mediation can be done before or after a couple files for divorce, and parties are not required to have legal representation. However, if they are going to mediate, it is generally recommended that they do have attorneys. Lawyers usually do not go to the mediation, but they can provide information both before the parties go and while they are going through the process.
A lot of people think mediation is a one-time meeting, but it could be many meetings – it depends on the complexities of the case and everyone’s cooperation and emotional readiness to handle certain topics. It is wise to meet with your attorney in between sessions to talk about what happened and what you want to agree to, and you do not have to agree to anything in the first meeting.