Family Law

Family law or domestic relations includes a variety of legal actions involving children and families. These include dissolution of marriage or divorce, modification of child custody and support, orders of protection or ex parte orders, actions to determine paternity, family access motions, grandparents’ visitation issues, and adoptions. Below are some frequently asked questions about domestic relations. If you have a question that is not answered below, give our office a call today to book a free consultation.

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Frequently Asked Questions

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What is a dissolution of marriage?

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Often called divorce, a dissolution of marriage is the legal process by which a marriage is ended. Dissolutions can be contested and uncontested. An uncontested dissolution is one in which both parties agree the marriage is irretrievably broken and agree on how to divide their marital property and divide custody of any children of the marriage. This can sometimes be accomplished without an attorney’s help using forms and resources that can be found on the court’s website. The assistance of an attorney, however, can make document preparation and presentation in court much easier.  If the parties cannot agree on how to divide their property or custody of their children, then the dissolution is contested. In contested dissolutions, it is strongly recommended that both parties hire attorneys because of the significant increase in complexity in contested cases.

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How long does a dissolution usually take?

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The amount of time it takes to resolve a case greatly depends on the number and complexity of disputed issues. Uncontested cases without any disputed issues can be resolved in less than 90 days, while contested cases often take between six months and one year. Regardless of whether your case is contested, an attorney can help you gather information and prepare the necessary documents to resolve your case as quickly as possible.

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What does the process of a dissolution look like?

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The process of a dissolution is best described in four steps: pleadings, discovery, mediation, and trial. In the pleadings step, we will work together to gather the information and prepare the documents necessary to file your case. In the discovery step, we will prepare and present questions to your spouse and answer your spouse’s questions in return to ensure the court has all the information it needs to make a fair decision. In the mediation step, the court will order you to discuss the case with a mediator and your spouse to attempt to settle any disputed issues before trial. If after the first three steps you are unable to come to an agreement with your spouse that will settle any disputed issues, we will take the case to trial. At trial both you and your spouse will have the opportunity to present evidence and call witnesses, and then the court will divide your marital property and determine custody of any children of the marriage. The court will also determine if either you or your spouse will pay child support or maintenance.

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What is maintenance?

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Maintenance, formerly called alimony, is ordered by the court when the financial resources and economic opportunities of one spouse are substantially greater than the resources and opportunities available to the other. The court looks at a variety of factors when determining whether maintenance is necessary including the duration of the marriage, the standard of living of the marriage, and whether each spouse has sufficient resources to support themselves.

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How does the court decide which parent gets custody?

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When determining which parent should have custody the court attempts to determine what is in the best interests of the child and will start with a presumption that it is in the child’s best interest to spend as much time as possible with both parents. The court will then consider the wishes of the parents if they agree on a parenting plan, the need for the child to have frequent and meaningful contact with both parents, the child’s relationships with siblings and others, the parent’s physical and mental health, and the child’s wishes if the child is over the age of 12. The court will also look at whether one parent is more likely than the other to allow the child frequent and meaningful contact with the other parent, known as the friendly parent doctrine. The determination of custody is a complex issue best handled by an attorney.

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What is an ex parte order?

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An ex parte order is an immediate temporary order of protection. Petitions for orders of protection are reviewed by a judge as soon as they are filed and if the petitioner is in imminent danger the judge will issue an ex parte order. The court is not required to hold a hearing before issuing the ex parte. Whether you need to file an order of protection or have been served an ex parte, our family law attorney can help guide you through the process.

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What is the difference between a dissolution of marriage and an annulment?

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A dissolution of marriage is the termination of a legitimate marriage that was recognized by the state of Missouri. An annulment is a judicial finding that the marriage violated Missouri law and therefore never existed. For a marriage to be annulled, the marriage must violate the laws of the state of Missouri. For example, marrying one person while still married to someone else.

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What is a family access motion?

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A family access motion is a legal process by which parents can enforce an existing order for access or parenting time. To file a family access motion, there must be an underlying judgment that lays out a custody arrangement, and the family access motion must lay out the specific acts that violate the current judgment or parenting plan. The court will then hold a hearing to determine if the judgment or parenting plan has been violated.