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St. Louis Fathers' Rights & Divorce Law Blog

New design would allow both spouses to keep the home in a divorce

5774322_S.jpgWho wants what property-wise can play an enormous role in divorce negotiations/proceedings. Sometimes, both spouses will strongly desire to keep a certain piece of marital property. For some types of property, one option that might be available in such a situation is to physically split the property, so each person gets some of it.

Other types of property though generally can't be physically split. Houses fall into this category. However, a new housing design that has come up in Europe seeks to change this.

Common points of conflict among co-parents

20360301_S (1).jpgMany things can be a part of a person's everyday reality post-divorce. If they have kids, one such thing can be co-parenting with their ex. While one would hope the co-parenting relationship with one's ex would go smoothly, this doesn't always happen. Conflicts can arise between co-parents over many different things. Some examples of things that can be sources of conflict among divorced parents when it comes to co-parenting include:

  • Scheduling matters, such as last-minute scheduling changes.
  • Household rules, such rules regarding bedtimes and discipline.
  • Inconsistencies in overall household structure for the kids between the parents.
  • Differences in parenting strategies between the parents.

Does fault factor into property and debt division in Missouri?

34311947_S.jpgMost readers are probably aware that, when it comes to property division, different states have different rules. A small group of states utilize an approach to property division known as "community property," which generally involves an equal division of marital assets. Most states, including Missouri, use an approach generally referred to as equitable distribution.

Under the language of Missouri's property division statute, courts "divide the marital property and marital debts in such proportions as the court deems just after considering all relevant factors." There are a variety of factors listed in the statue, and it important for those entering into divorce to have a solid understanding of these and other relevant factors in order to build the best possible case representing their rights and interests. 

Avoiding mistakes, financial and legal, when divorcing

43431120_S (1).jpgA divorce is a major time of transition in a person's life. All sorts of big and key things can be in flux and shifting during the course of ending a marriage. In this time of great change, mistakes can have ramifications that are very long-lasting in nature.

This includes financial mistakes. Financial missteps in the time right after one split's from a spouse can put a person in a tough spot money-wise as they are trying to get their life off to a new start. A rough financial start to one's post-divorce life, in turn, could have impacts on their ability to achieve their long-term goals for their post-divorce future.

Missed child support payments could have credit impacts

5138797_S.jpgWhen a person has child support obligations, struggles when it comes to meeting these obligations can have major impacts for them. This can particularly be the case if the struggles result in them falling behind on their payments.

Missed payments could lead to a person who owes child support facing child support enforcement proceedings and collection actions (like wage garnishment). As a note though, being subjected to such proceedings and actions is not the only thing falling behind on child support payments could result in for a parent.

What resources will you need for your divorce?

45947878_S.jpgDivorce can be a simple process if you are still very young, have no children, have few assets and your finances are relatively basic. If you were married right out of college, or even during school, and are just starting your careers with modest salaries and your financial portfolio consists of mostly student loan debt, you may obtain a divorce relatively quickly here in St. Louis and go on with your separate lives.

However, if you are in the middle of your career, with a decent income and you have accumulated a home and some investments, in addition to having a couple of children, your property division could be considerably more complex. You need a divorce attorney, potentially an accountant and perhaps other specialized financial professionals.

Shared custody bill signed by Missouri Governor

20360301_S.jpgMissouri Governor Jay Nixon signed House Bill 1550 into law, which will help promote more shared custody and visitation agreements between divorcing parents. The goal of the law is to ensure that fathers are not cut out of the parenting process by unfair and out-of-date custody or visitation agreements.

Research has shown that children of divorce adapt better when both parents are involved in their lives and this law is designed to help judges come to custody determinations that maximize the time the children spend with each parent.

Should you sell your home when you divorce?

A divorce often requires a reassessment of your living arrangements. Questions of whether you should stay in your home, and as important, can you afford to stay in your home arise. If you have children and have lived in the property for any length of time, you may have developed a strong emotional bond with the home. It may contain many of your fondest memories, you child's first steps, birthday parties, holidays and thousands of others.

As strong as the emotional element may be, during a marriage dissolution, you have to recognize the financial place your home occupies. You need to examine whether you really need its space and location.