The ideal custody situation benefits the children most. This arrangement can vary from one family to another, but most courts prefer children to spend time with both parents on a regular basis unless abuse or neglect happened in the past. The court will also consider the ability of each parent to provide for the children’s needs, physically, financially, and emotionally, when determining a custody arrangement.
If your children are older, the court may allow them to express the desire to spend more time with one parent, which can lead to changes in custody if the court feels it’s best for your children’s well-being. In cases where the split was contentious, you or your ex may wish to bring character witnesses to vouch for your ability to provide for your children. If you have specific concerns about your ex’s ability to parent, you may express those concerns in court.
When parents share custody, both parties must try to facilitate a relationship between the children and the other parent. If one parent has provided significantly more care for the children up to the point of separation, that parent may continue to do so to maintain a consistent schedule. This occurs when one parent travels for work or has a schedule that changes frequently.
The court will consider your living arrangements when it is deciding on custody matters. It’s expected that both parents provide a stable home when the children are with them. The location of your children’s school in relation to your home and your ex’s home may be a factor when deciding on a custody schedule. Consistency and stability are important, and the court usually wishes to keep schedules the same when possible.
No matter the circumstances surrounding your divorce and separation, your children’s well-being is the most important consideration. You may wish to work out a co-parenting plan with your ex or seek intervention from the Missouri family court system. In either situation, it’s important to have someone on your side to help you with the process.
]]>Two kinds of property must be addressed during a divorce: separate and marital property. Separate property refers to an asset that either spouse purchased before getting married. This type of property is not required to be split during a marital breakup. Examples of separate property include inheritances, gifts and any other individually owned assets not mixed with a married couple’s shared property.
Marital property refers to any asset that either spouse acquired while married. This type of property must be split during the divorce process. The two parties may decide on their own how to divide their marital property and record their decision in their divorce settlement. Otherwise, a judge will have to decide how to divide their property for them, and since Missouri is an equitable distribution state, the judge will split the property in a fair manner but not necessarily in an even way.
Reaching a divorce settlement can be daunting if two spouses cannot see eye to eye on how to split their marital property. However, a family law attorney in Missouri can guide an individual through the divorce negotiation process, during which the attorney can help the individual pursue a fair and comprehensive settlement with the other party. The attorney will also be prepared to litigate the matter if a settlement can’t be reached at the negotiation table.
]]>A QDRO, or Qualified Domestic Relations Order, requires that a portion of someone’s retirement plan be given to either a spouse or child. These are useful in divorce because they provide a straightforward way of dividing retirement fund-related assets. A QDRO can be used to divide various types of retirement plans but do not apply to individual retirement accounts. Those are divided by another process.
During divorce, a QDRO may assign funds to a child to cover ordered child support. The order should include all accounts covered along with information on how much the payee will receive and when the funds will be paid out. The order should also include information on what happens if the retirement account is closed before the payout.
It’s important to cover all assets during the asset division process. Retirement accounts can be used to help pay for child support or to provide a nest egg for the ex-partner after divorce. When negotiating the division of assets, Missouri residents can benefit from working with an experienced family law attorney. These matters are often stressful and complicated so it’s beneficial to have someone on one’s side to provide guidance during the process.
]]>The effects of divorce can range from minor issues to major problems that begin to affect the entire family. One way that you can minimize the negative consequences of your divorce on your kids is to establish a custody and visitation order that provides them with assurance and continuity of lifestyle. Failure to account for their needs could result in long-term issues and trauma that could impact the rest of their lives.
The decisions you make during your divorce will impact your Missouri family for years to come. One of the most important things you can do during this time is to focus on the needs of your kids above all else. You may have to set aside your own temporary feelings when making decisions so that you can preserve their interests and minimize the effects they experience. For many kids, the following are common issues that arise during and after divorce:
Even if you and the other party are amicable and resolved to make things work well for the kids, you may find that your kids still struggle. Your kids may benefit from mental health support during this difficult time.
It is difficult to maintain focus on your kids while walking through the difficult process of a divorce. It may be beneficial for you to seek professional guidance during this time, as this will allow you to make smart decisions that will benefit you and your kids going forward. An assessment of your specific situation can help you understand how to make smart and thoughtful decisions that will be in the interests of your children.
]]>Individuals going through a high-asset divorce would be wise to engage in comprehensive financial planning with the help of financial experts and forensic accountants. These professionals can help a person with a larger investment portfolio featuring diverse financial accounts, stocks and bonds determine the proper way to divide these assets and understand the associated tax implications. Engaging financial professionals may help people with high-value assets understand today’s financial landscape and avoid surprises that may lead to a rocky divorce process.
High-net-worth individuals may also benefit from relying on appraisers to accurately value their marital assets. Unbiased appraisals may help establish foundations for equitable property division during divorce. They might also help prevent disputes about perceived property values between the two parties going through divorce.
A family law attorney in Missouri may help an individual with high-value assets confidently navigate property and debt distribution at the negotiation table. If the individual cannot find common ground in these areas with the other party, the attorney will be prepared to litigate these matters in divorce court. The attorney’s goal will be to achieve the most personally favorable outcome for his or her client given the circumstances surrounding the marital breakup.
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