Family and Divorce Archives - Page 2 of 3 The Quitmeier Law Firm of Kansas City

What is a No-Fault Divorce?

If you are a Missouri resident, you may be aware that Missouri is a modified no-fault divorce state. So what does this really mean?

It generally means that couples seeking a divorce in Missouri are not required to prove misconduct by their spouse to obtain a divorce.

In the past, a spouse who filed for divorce was required to prove some grounds for the divorce such as abandonment, adultery, or cruelty. Today, Missouri does not require a showing of fault in order for a couple to obtain a divorce. However, those seeking a divorce must demonstrate that the marriage is irretrievably broken. A Missouri court will require a filing spouse to show that there is no reasonable likelihood that the marriage could be preserved and that the marriage is irretrievably broken. Oftentimes, divorcing parties will agree in the filings that the marriage is irretrievably broken to avoid a more drawn out process.

The no-fault divorce allows couples to obtain a divorce without arguing over past behaviors. Divorcing couples can instead focus on moving forward and protecting their children’s best interests. However, a court may take misconduct such as adultery, drug abuse, or financial waste into account when dividing property, establishing a custody arrangement, and awarding spousal maintenance and child support. Although your spouse’s misconduct may have ultimately destroyed your marriage, there is no guarantee that a court will consider the misconduct serious enough to affect any of these factors.

The divorce process can be very complicated and emotionally exhausting.

If you are contemplating divorce, an experienced Missouri family law attorney at the Quitmeier Law Firm can provide the guidance and support you need as you navigate through this difficult time.

Custody Modification in Missouri

As children grow and circumstances change, parents may find that a custody modification is necessary.

Over time, parents may relocate or remarry, and children’s needs may change necessitating a custody modification. The most important factor in considering a custody modification is the best interest of the child.

When it comes to simple custody modifications, parents can informally agree to minor changes in arrangements. For minor changes such as changed visitation times or dates, parents do not need to have a contested hearing. If the parents agree to a major modification to the custody arrangement, such as where the children reside the majority of the time, this change must be filed with the court in order to formally alter the custody order.

When parents disagree about a custody modification, court intervention will be necessary. The parent seeking a modification must file a motion to modify with the court. The non-moving parent has an opportunity to respond to the opposing parent’s motion. In a contested modification, the parent seeking a modification must present evidence as to why the change should be made. The other parent is also given the opportunity to present evidence challenging the proposed modification. Parents may also work together to settle without going through a trial.

In order for a court to modify a custody arrangement, there must be a continuing and substantial change in the child’s circumstances or in the parents’ circumstances. If the circumstances existed and were known at the time of the prior order, a modification will not be available. A custody modification will only be granted when it is in the best interest of the child.

If you think that a custody modification may be in your child’s best interest, an experienced Missouri family law attorney at Quitmeier Law Firm can guide you through this process.

Protecting Your Business During a Divorce

You’ve invested endless energy and money into your business, and now you fear that your spouse will take your life’s work away from you. Whether you own your business independently or jointly with your spouse, now that you have made the decision to divorce, you need to take steps to protect your business.

The divorce of a business owner can lead to uncertainty and instability in a business. For businesses owned by married couples, divorce can be destructive to the business if both spouses are vital to its operation and can no longer work together. However, even the non-owner spouse of a business owner may have rights in a divorce that can be damaging to the business.

Many business owners have no plan in place for their business in the event of a divorce. Planning ahead of time by having a prenuptial agreement is the best way to avoid uncertainty in the event of divorce.

However, even if you have no prenuptial agreement, there still are steps you can take to protect your business:

Obtain a favorable valuation: Arrange for a business valuation on your own. Valuations often vary widely, so you should find one that favors you.

Reduce your spouse’s role: If your spouse is working for the business, take steps to reduce their role and make their efforts seem unimportant to the business.

Pay yourself a competitive salary: Business owners often take a reduced salary in order to grow the business. If a divorce is imminent, this will cause the value of the business to seem higher and therefore your spouse’s share will be higher.

Employ creative methods to pay off your spouse’s share: You may be able to keep the entire business if you are willing to give up other assets like retirement accounts and the family home. If you need to buy out your spouse’s share of the business, you could arrange for monthly payments over time from the business’s profit or from a bank loan.

Consulting an experienced Missouri divorce attorney will help you protect your business through even the most difficult of divorces.

Do You Need a Guardianship?

A legal guardian is a person appointed by the court to undertake responsibility for someone who is unable to take responsibility for himself. The person over whom a guardianship is sought is known as a ward. A ward may be either a child under the age of 18, an adult suffering from a disability or a senior citizen. A guardian may only be appointed by court order.

Some of the general powers and duties of a guardian include:

providing for the ward’s care
treatment
education
support and maintenance

A ward needs a guardian if he cannot take care of himself in any of these areas and is not competent to make decisions. In that case, a guardian is needed to watch over and take care of the ward.

A guardian has the legal power to decide where the ward lives and the level of care required. A guardian of an adult ward is not responsible for the financial support of the ward. A guardianship differs from a conservatorship in that a conservator only has the power to make financial decisions on behalf of the ward.

Missouri law has a preference for appointing blood relatives as guardians whenever possible.

The courts will first consider:

Any person designated by the incapacitated person
A person previously named as an attorney-in-fact when the ward was not incapacitated
A relative
Parents are the guardians of minors unless the parents are deceased, refuse to serve, or are judged unfit.

A parent may designate a guardian in a will, but a hearing is still necessary to determine if the designated person is capable of performing the duties of a guardian because wills only take effect upon the death of their makers.

There are many safeguards in place to prevent the abuse of power in a guardianship position. These abuses, however, still occur. If a guardianship is necessary, it is important that the incapacitated person be represented by a family law attorney in order to ensure that the person’s interests are protected.

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