When you are faced with divorce, an attorney who has regularly advised and represented clients in matters of child custody, property division and alimony can help you to achieve a cost-effective and timely resolution. To learn more about our legal services, contact our firm to schedule a consultation and case evaluation.
St. Louis, Missouri Property Division Lawyer
With the thorough preparation and zealous legal representation an experienced attorney can provide, your divorce can be resolved efficiently and cost-effectively — and you can obtain the property settlement you deserve at the same time.
Founded in 1972, The Marks Law Firm, L.L.C. provides quality divorce-related legal services to clients throughout the St. Louis metropolitan area and surrounding portions of Missouri and Illinois. With respect to marital property division, we work with accountants, professional appraisers, business valuation experts and other financial specialists as needed to fairly and accurately assess the full extent of the marital estate.
To discuss your specific concerns in this area, call or contact The Marks Law Firm, L.L.C. and schedule a free initial consultation with family law attorney Jonathan Marks. For general overview of marital property division issues and principles, please review the following articles.
Thank you for contacting The Marks Law Firm, L.L.C. Your message has been sent.
Call us now
or use the form below.
The Marks Law Firm, L.L.C. in St. Louis, Missouri, offers effective representation in divorce or marital property division matters. With more than 50 years of combined legal experience and an extensive track record of successful results, the firm has the skills and resources to make a difference in your case. Contact The Marks Law Firm today.
If you live in the St. Louis area or surrounding portions of Missouri and Illinois and are concerned about the issue of marital property division in divorce — The Marks Law Firm L.L.C. can help. Call us at 314-993-6300 to schedule an initial consultation today.
Divorce - An Overview
Contemplating divorce is difficult. Whether or not you are sure you want to end your marriage, it helps to learn the basics of divorce law. Should you conclude that divorce is necessary, it is important to seek the assistance of an experienced family law attorney at The Marks Law Firm, L.L.C in St. Louis, Missouri.
Grounds for Divorce
A divorce is a judicial decree by which a valid marriage is dissolved. From a legal standpoint, the divorce process will divide the couple’s assets and debts; determine the future care and custody of their children; and give each person the legal right to marry someone else.
Every state has some form of "no-fault divorce," but the laws vary a great deal from state to state. Generally, a divorce will be granted if one spouse states that the marriage has irretrievably broken down or the couple has irreconcilable differences. (Other residency and filing requirements must also be met.) This is different from the past, when only "fault divorces" were available. In a fault divorce, one spouse must allege a marital wrong like adultery or abuse in order to receive a divorce.
In some states, both fault and no-fault divorces are available. An experienced family law attorney can help you determine whether and how to pursue divorce.
Resolving Issues During Divorce
Before a divorce may be granted, five basic issues typically must be resolved. They are:
- Alimony/spousal support
- Property and debt division
- Child custody
- Visitation/parenting time
- Child support
If the spouses can reach agreement on these issues, then the divorce is uncontested. If, however, the spouses cannot agree, the divorce is contested. The spouses may go to trial to resolve the issues. This usually means that a family court judge will make the final decisions. Alternatives to going to court include mediation, arbitration and collaborative divorce. Some courts may even order the spouses to attempt to resolve their differences through alternative dispute resolution:
- Mediation. Mediation is an alternative to litigation that can be less expensive and less stressful for divorcing couples and their children. In the mediation process, the couple works with a trained mediator to reach agreement on contested issues.
- Arbitration. Arbitration is more like court than mediation, but it can still be quicker and less expensive. Instead of using a judge to decide the outcome, the parties agree to use an arbitrator. Each spouse will have a separate attorney who will represent each spouse’s interests.
- Collaborative Divorce. Collaborative law is a relatively new divorce process that requires an up-front commitment to resolving disputes by negotiation, compromise and agreement. If either side decides to go to court, both attorneys are disqualified from representing their clients in the courtroom. The spouses find new attorneys and go to court.
Alimony, Spousal Support and Maintenance
Alimony (also called spousal support or maintenance) is financial support that one spouse pays to another. The alimony can come in a lump sum, over a limited period of time or indefinitely. Because the laws vary from state to state, it is best to consult an attorney with questions about alimony. Factors that the court may consider in determining alimony include the length of the marriage and the ability of each spouse to earn a living.
Division of Property in Non-Community Property States
Courts in states that use the non-community property system typically make an equitable division of property between the divorcing spouses. Equitable means fair, rather than necessarily equal. The court makes the decision based on the circumstances of the divorce, the non-financial contributions to the marriage of each spouse and missed academic or career opportunities.
Speak to a Divorce Lawyer
Making the decision to end a marriage is difficult. Even so, it is in your best interest to approach the divorce process from a rational, businesslike perspective. Working with an experienced family law attorney from The Marks Law Firm, L.L.C in St. Louis, Missouri, will help you get through the process and begin your new life.
Copyright © 2011 FindLaw, a Thomson Reuters business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
