divorce Archives The Quitmeier Law Firm of Kansas City

Who Gets the House?

Arguments over who gets the house have delayed the finalization of many divorces. After children and pets, homes evoke the most emotion in divorcing couples, and fights over who gets to keep the house after a divorce can get downright irrational.

It’s important to realize that there are many options available to settle the issue of ownership of the marital home after a divorce. The parties can agree to sell it and split the proceeds, or one spouse may decide to stay in the home. When the latter happens, the spouse who doesn’t get the house isn’t out of luck ― instead, a legal device called a quitclaim deed is drawn up to equalize the marital settlement.

A quitclaim deed can be used to transfer the marital home to one of the spouses during a divorce. Quitclaim deeds allow spouses to convey their interest in the marital home to their other spouse. For example, suppose a husband wants to move out of the marital home to move downtown closer to his work. He can convey his interest in the marital home to his wife by using a quitclaim deed. The wife can then refinance the mortgage on the home to remove her husband’s name and obligation on the mortgage. The wife gives her husband a check for his half of the home’s value or other assets amounting to the same value.

If refinancing the home is not possible because the spouse receiving the house doesn’t qualify for a loan or if there is not enough equity in the home, the quitclaim deed can be held in escrow until refinancing occurs at a later date.

Quitclaim deeds can be just the solution spouses are looking for to solve the age-old question of who gets the house postdivorce. Our experience at The Quitmeier Law Firm can help you through your divorce and help you obtain a fair property settlement whether you keep the house or not. Contact us.

Creating an Enforceable Premarital Agreement

When you are planning your wedding, the last thing you want to think about is your marriage ending.

However, in certain circumstances, it’s important to consider that fact and plan ahead for it, just in case. In those situations, a premarital agreement may be right for you. A premarital agreement is an agreement made in contemplation of marriage to become effective upon marriage. While premarital agreements are sometimes considered taboo, they can provide peace of mind in certain situations.

The purpose of a premarital agreement is to provide for the division of property in the event of divorce or death. Couples with children from a prior relationship often wish to protect their children’s interests in a second marriage. Individuals who have gone through bitter divorce battles in the past may also find some solace in a premarital agreement before a subsequent marriage. Additionally, individuals who are entering into a marriage with substantial assets or a family business often wish to secure their interests before entering into a marriage.

There are certain things that a premarital agreement cannot do, including altering child support. In order to be enforceable upon a challenge by one spouse, a court must find that both parties entered into the agreement freely, fairly, knowingly, with understanding, and in good faith. In addition, both parties must provide full financial disclosure before signing the agreement. A court can invalidate an agreement that is unconscionable, or unusually unreasonable.

To ensure enforceability of a premarital agreement, it is important create the agreement well in advance of the marriage so that both parties have time to contemplate the agreement. In a premarital agreement challenge, courts will often consider whether or not the challenging spouse was given an opportunity to review the agreement with a lawyer. It may also be beneficial to videotape or otherwise document the signing to fight claims of duress or misunderstanding.

If you think a premarital agreement may be right for you, a knowledgeable Missouri family law attorney at the Quitmeier Law Firm can advise you on what is best for your particular situation.

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.

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