St. Louis Family Law Blog

Is a legal separation the right choice for me?

On behalf of Law Office of Amy L. Gervich posted in divorce on Friday, April 12, 2019.

If you are having difficulties in your marriage, you and your spouse may have decided to go through a trial separation for some time. This can be very beneficial to some couples because it allows them time and space to regain mental clarity. In many circumstances, it helps couples to work through their problems, but in others, it confirms that separation is a good idea.

If you and your spouse decided that a separation works for your situation, you will probably want to get the separation confirmed legally. Some couples decide to go through a divorce, but others would prefer not to do this for either religious or financial reasons. In this situation, they may go through a legal separation instead.

Understanding emergency child support modifications

On behalf of Law Office of Amy L. Gervich posted in modifications on Thursday, March 28, 2019.

Child support is necessary to help many parents get by financially. But while child support payments tend to be stable from month to month, the cost of raising a child is often tumultuous. This is why many parents find that they need to ask for additional financial support when they encounter a difficult financial situation.

It is possible to request a temporary child support modification in an emergency situation. In order to do so, you will need to show that there has been or will be a change in circumstances that warrants the need for additional financial support.

Understanding the 3 types of child custody

On behalf of Law Office of Amy L. Gervich posted in child custody and support on Friday, March 15, 2019.

If you have recently separated from the other parent of your child, it is likely that you are largely unfamiliar with the way that child custody works in Missouri. You will, however, want to make sure that your child does not suffer as a result of the separation of their parents. This is why it is important that you make sure that you understand the way that the law works so that you can petition for the best possible arrangement.

There are three main types of custody in Missouri, and it is important to understand the differences between them. Custody is established based upon what the courts consider to be in the best interests of the child.

Do you want to proactively face your divorce?

On behalf of Law Office of Amy L. Gervich on Thursday, March 7, 2019.

Commonly, people in St. Louis and elsewhere want to find the loves of their lives and live happily ever after. Unfortunately, that type of scenario does not play out for numerous people, and that group now includes you.

Though you may never have anticipated getting divorced, it can happen to any married person. Now, you have the complex task of untangling the life you created with your spouse in order to live your lives as single people. Understandably, you may already feel overwhelmed by the prospect.

Making the adoption process smooth for your other children

On behalf of Law Office of Amy L. Gervich posted in adoptions on Thursday, February 28, 2019.

Many parents who are going through the process of adoption for the first time already have children of their own. This can mean that it is not only the parents embarking on a new journey but the other children, too. While it is likely that your children are very excited to welcome a new sibling to the family, it is possible that there could be challenges down the line, and it is important that you are aware of these.

You should make sure that you have considered all possible challenges that you will face in regard to the adoption process and that you make the effort to prepare your children emotionally for the changes that are about to take place.

How marital property is divided in Missouri

On behalf of Law Office of Amy L. Gervich posted in property division on Friday, February 15, 2019.

When you go through a divorce in any state in the United States, you will need to go through the process of asset division. This means that you will have to categorize all assets as either marital property or non-marital property. Non-marital property refers to any type of property that was either acquired before the marriage took place, that was a gift or was a form of inheritance. Marital property will count as any property that was jointly acquired during the length of the marriage.

The state of Missouri does not recognize community property. This means that instead of all assets being divided equally between spouses, the Missouri courts will consider a number of factors to decide upon a fair way to distribute the marital assets.

Is it possible to have alimony payments increased?

On behalf of Law Office of Amy L. Gervich posted in modifications on Thursday, January 31, 2019.

If you have recently divorced, you may be relying on alimony payments from your ex-spouse in order to get by. This could be especially true if you are the primary caregiver of your children.

It is possible that you will find it difficult to maintain your lifestyle and keep it at the same standard that it was before your divorce, and if this is the case, your settlement could feel unfair. Many in this position wonder if it is possible to modify their alimony payments so that they are actually increased.

5 divorce myths you should never fall for

On behalf of Law Office of Amy L. Gervich posted in divorce on Friday, January 18, 2019.

Divorce is complicated, and it only gets worse if you fall for some of the most common myths about the process. Make sure you know what they are so that you can avoid them if you decide to end your own marriage.

Here are five of the most common ones:

What does the most expensive divorce in history mean for you?

On behalf of Law Office of Amy L. Gervich on Wednesday, January 9, 2019.

Jeff Bezos and his wife of 25 years have recently announced they are getting divorced. Jeff is the founder of Amazon, which he started after he was married. This means that any wealth generated from this company over the course of the marriage could be eligible for division between the spouses. As you can imagine, this is a significant amount of money -- $137 billion, to be exact.

If you are facing the prospect of a divorce in Missouri, chances are that you do not have billions of dollars at stake, but there are still some helpful takeaways from the most expensive divorce in history that may benefit you in the future. This is the case, no matter how wealthy you are or the value of your marital assets.

Paying for services directly can limit child support disputes

On behalf of Law Office of Amy L. Gervich posted in child custody and support on Wednesday, January 2, 2019.

Parents often argue about exactly what child support payments should cover. The person getting the payments thinks everything purchased for a child should be covered. Meanwhile, the other person thinks a lot of those things are frivolous, or they simply don't believe the money is actually going for what their co-parent says it is.

If your goal is to limit disputes and arguments over child support, one way to do it is by paying for things directly rather than paying your co-parent for something or reimbursing them later. This ensures that costs still get covered. These setups are known as hybrid support solutions.

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