Before meeting with a divorce attorney in Columbia, MO for the first time, prepare a checklist of issues to discuss with him or her. Some common issues that you may want to discuss include:
Division of Property
Missouri is an equitable distribution state, meaning that assets obtained during the marriage should be fairly divided between the spouses at the time of divorce. Divorcing parties can enter into their own agreement that explains how their property will be divided. If they are unable to reach an agreement, the court considers various factors in determining how to fairly divide the property, including:
- The economic circumstances of each spouse
- The value of the separate property of each spouse
- Custodial arrangements regarding minor children
- The economic and noneconomic contributions of each party during the marriage
- The conduct of the parties during the marriage
The court is not under any obligation to divide the property 50/50, so it is often in the spouses’ best interests to try to reach a fair resolution outside of court.
If you have minor children, you likely will want to know how your relationship with them will be affected by divorce. In Missouri, legal issues related to custody are decided by what is in the best interest of the child and joint custody is presumed to be in the best interest of the child unless evidence establishes otherwise. If parents do not agree on child custody, the court can select one parent to be the residential parent for school and communication purposes and provide visitation to the other parent.
A parent who wants custody or responds to a request for custody must include a proposed parenting plan that addresses critical information about the child. The parents may participate in mediation and try to reach the terms of the parenting plan together. Parenting plans often include information such as:
- Parenting time with each parent
- Which parent will have final decision-making authority
- Which parent the child will live with
- Vacation and holiday schedules
- How to make decisions regarding your child
- How to resolve disputes
- Communication methods
Parenting plans are presented to the court for approval and are binding on both parents once the court approves them.
Missouri expects both parents to help support their children, regardless of their marital situation. The amount of child support that is ordered depends on several factors, including:
- The financial needs and resources of the child
- The financial needs and resources of the parents
- The physical and emotional condition of the child
- The child’s educational needs
- The child’s physical custody arrangement
- The reasonable work-related childcare expenses of each parent
Contact a Seasoned Divorce Attorney in Columbia MO for More Information
An experienced divorce attorney in Columbia, MO can discuss these issues and others during a confidential consultation. He or she can also discuss the potential timeline of your case, the legal filings that will be necessary in your case and other factors that are specific to your case. Schedule a confidential consultation with Randall Brown by calling 573-442-8879.
It is common to take a student loan to pay the costs of attending college. However, these debts can often take years to pay off, and it may create a situation where you are no longer able to afford loan repayments, which can be very stressful. To be sure that you get the best resolution, you may want to try meditating with lenders.
Many companies will be open to the mediation process, as it is much more affordable than going to court. It will also allow them to deal with the matter privately, avoiding any negative publicity that the case may create. Depending on which state you are in, there may be a mediation process already in place to help you deal with these disputes. If not, your lawyers could help arrange one on your behalf.
There are multiple reasons why the mediation process may benefit you. First, this process is focused on creating an arrangement that will suit both parties. For example, you could reach a compromise where you agree to lower monthly payments. Because of this, you could get the case resolved more promptly, which will reduce the amount of stress and uncertainty caused by the dispute. Also, the process will be more informal than attending court, which should help you feel more relaxed, making it easier for you to present your case. As with most legal processes, you may want to have a lawyer present. They can help you obtain a satisfactory outcome, and make sure that you understand any obligations that you will face. However, it is often much more affordable for them to prepare for a mediation process, allowing you to reduce the costs involved in resolving the dispute significantly.
When you become a shareholder in a company, you want to be sure that the organization is implementing policies, and it will ensure that the business continues to maintain strong sales. However, this process may also lead to conflicts between shareholders. Many people will have a different view on the best action for the organization to take. To settle these shareholder disputes, you should engage in the mediation process. There are several benefits this will provide.
One of the most significant benefits is that it will allow everyone to put their position forward. By listening to everyone’s opinion, it will be easier for a consensus to be reached. Also, by engaging in a mediated discussion, you will be more likely to find a compromise that benefits all parties, and it will allow the dispute to be resolved promptly.
If shareholder disputes go to court, it can produce many negative consequences. First, the discussions may expose the inner workings of the company. This information may provide benefits to the competition. Also, you risk doing reputational damage, as it creates the appearance of a rift among leaders in the company, and it can affect the share price. The longer the problem remains unresolved, the more pronounced the shareholder dispute will become. For this reason, you may want to enter the mediation promptly.
The way that the mediation process works will often vary, depending on the nature of the dispute. For example, in some cases, the mediator will move between the two parties until an agreement is reached. In other models, both parties might agree to meet to discuss the issues, each arguing their case before the mediator until a compromise is reached. Because the rules can be changed to suit the situation, the process can work for both parties.
Patents are designed to recognize innovative products and ideas. When you apply for a patent, you will be able to prevent people from making the same products, which makes patents essential, especially if you are running a commercial enterprise. Without this protection, people could profit from stealing your products. There are multiple areas that you may be able to protect using a patent. However, you will need to enforce your patent for it to be effective. If you intend to do this, you might want to make sure that you hire a mediation lawyer.
One of the most significant benefits of hiring a mediation lawyer is that the process will be confidential. Though you may be trying to protect your commercial interests, taking smaller companies to court can be portrayed negatively in the media. This aspect might be amplified by the adversarial nature of the court proceedings. These types of stories can cause reputational damage to your organization. By working through the process in private, you can remove these pressures. You will also be able to achieve a resolution faster, as both sides can feel comfortable discussing the issues.
The patent law process can be very complicated, often featuring many technical issues that need to be explored. When you use mediation, you can set some of these issues aside, which will allow you to create a more streamlined case, where you focus on the areas that matter most. Because of this, you can obtain a faster decision. Also, your lawyer will not face the same pressures of preparing a court case, and it will allow you to reduce their costs. Also, it is common for both parties to split the costs of hiring the mediator.
1. How long does a divorce take in Alabama?
How long a divorce takes in Alabama is predicated on how quickly a couple is willing to work to resolve the issues that need to be settled. The minimum length of time it takes to get a divorce in the state is 30 days. This is due to Alabama’s “cooling off” period or waiting period. It begins on the day you file for divorce. From there, it is a matter of how long it takes for the couple to come to a resolution concerning divorce issues, such as custody, alimony, and asset division.
2. How do Alabama courts split up property in a divorce?
Alabama courts treat most property acquired during the marriage as marital property. This means both spouses have some claim to it. According to the law, judges judge can divide marital property in any manner they deem fair, regardless of which spouse actually owns the property in question. Alabama, like many states, uses equitable distribution, which means an effort is made to create an equitable, but not necessarily equal split.
3. What is the role of an estate planning attorney in my estate plan?
The role of an estate planning attorney is to help you make the best decisions about your estate based on your circumstances and to ensure that your wishes will stand up in court. They also focus on creating a plan that will allow for the most efficient disposal of your estate once you are gone. They can also help you make changes to your estate as your life circumstances change and be able to answer questions that you have or your loved ones might have after you are gone.
4. Is a Will really necessary if everything is owned jointly with a spouse or some other person in Alabama?
Yes and no. Other family members cannot lay claim to property that is jointly owned when one owner dies, but in the long run not having a will can hurt you and your family members. This is especially true if one spouse dies and the other eventually develops senility and is no longer of sound mind to create a will or other planning documents. It is also a good idea, even if a property is jointly owned, to have plans in place concerning durable power of attorney and medical directives.
5. What happens if you do not have a Will in Alabama?
If you die in Alabama without a will, the state’s intestacy succession laws dictate who inherits your probate estate. Your property is distributed based on the surviving relatives. For instance, if your spouse outlives you and you have children all of whom are from that spouse, he or she inherits the first $50,000 of the probate estate plus one-half of the balance and your children inherit the remainder. The only way the state takes ownership of the estate is if you die without any surviving family members, which is rare.
6. What is probate?
In general, probate is the legal process by which is “proved” and accepted as valid. Once that occurs, the estate can be settled according to the wishes of the deceased and/or the laws of intestacy. In Alabama, this process includes making sure all of the deceased person’s possessions and assets are accounted for and collected, the value of their assets determined, and any outstanding debts or taxes to be paid.
7. What is the time period to admit a Will to probate?
The sooner you probate a will in Alabama the better. Wills are not effective under state laws unless they are filed for probate within five years from the death of the testator. If you do not file a will within 12 months from the date of the testator’s death it could be considered invalid as to purchasers of estate assets. This means anyone who purchased assets in good faith could be allowed to keep it even if it otherwise would have been distributed based on the directives in the will.
1. How do courts split up a property in a divorce in South Dakota?
South Dakota splits up marital assets in much the same way as many other states – by using equitable distribution. This means that the court’s goal is to divide marital assets in a fair and equitable manner between the spouses. Keep in mind, this does not necessarily mean equal. Instead, the court takes multiple factors into account in order to determine the equitable distribution for each spouse, including contributions to the marriage, living situations, ability of the spouses after divorce, and children.
2. Can I get joint or shared custody of my children?
Possibly, depending on the circumstances. At the very least, the court will attempt to provide both parents with adequate parenting time. South Dakota family courts award custody of the children whose parents are divorcing to either one parent or both. According to the state law, shared custody is any arrangement wherea child has regular and ongoing contact with both parents. Keep in mind, parenting time might not be equally divided in terms of physical custody.
3. My spouse is the primary wage earner in our family. How can I file for child or spousal support?
You and your attorney will discuss your situation and determine how to proceed regarding child and spousal support. The sooner you file for either or both forms of support the better because it sets a long-term precedent. Child support is determined based on a formula enacted by the state and spousal support is determined based on the recipient spouse’s needs and the paying spouse’s income and expenses.
4. How much does a divorce cost?
The cost of divorce varies from couple to couple based on what is needed to end the marriage. As far as filing fees are concerned, you will pay about $100 to file paperwork for a divorce in South Dakota. The total cost of divorce depends on the amount charged by your attorney, how long it takes to reach a settlement, and whether or not additional fees or charges are needed.
5. How will alimony be determined?
In South Dakota, the court awards alimony either temporarily or permanently based on the owing spouse’s ability to pay, each spouse’s age, the duration of the marriage, and the requesting spouse’s ability to work after the divorce. South Dakota courts also take into account the degree of marital fault by the recipient – it is not a no-fault divorce state, so you could end up paying or receiving more based on factors like fidelity.
6. What are the steps in the process of a divorce?
In general, the steps of divorcing in South Dakota include filing for divorce, waiting for the non-filing spouse’s response, negotiation concerning the divorce settlement, and if necessary, court determinations for things like division of assets and spousal support. The final step is receiving approval from the court for the dissolution of the marriage. Exactly how many steps and how long divorce takes varies from couple to couple based on their situation and their willingness to work together to create a settlement.
1. When should a business voluntarily file Chapter 7?
A business should file for Chapter 7 when they no longer have the ability or the desire to remain in business. Filing for Chapter 7 bankruptcy means losing control of the company. When you file, the trustee takes over your business assets and determines whether the business should be sold as a whole or by individual assets – whatever will benefit creditors the most. This means if you are liable for any of your business’ debt you could also be facing personal financial issues.
2. What happens when a business files Chapter 7?
When a business files for Chapter 7 it is taken over by the bankruptcy trustee. Essentially, the court takes ownership of assets of the business and uses those assets to meet the financial obligations. In some cases the business is sold as a whole, while in other it is sold by individual asset. It is the trustee’s job to determine which of these options will garner the greater amount of money for paying creditors.
3. What happens when a business files Chapter 11?
Chapter 11 is an opportunity for a business to “reorganize” in an attempt to meet its financial obligations. Companies in debt often use Chapter 11 of the Bankruptcy Code to try to become profitable again. When they file, a trustee is appointed to “liquidate” (sell) the company’s assets. That money is then used to pay off debt, which may include debts to creditors and investors. It does not necessarily mean the business is going under and some businesses have used Chapter 11 to keep them in business.
4. What happens to my assets during a bankruptcy?
How your assets are treated during bankruptcy depends on what type of bankruptcy you file for. For instance, in Chapter 7, assets are most likely to be sold and the profits used to pay your creditors. In Chapter 13 bankruptcy, you retain ownership of assets and agree to a repayment plan that allows you to bring your debts current. There are also instances in which you can exempt assets from bankruptcy, which means they are protected from the bankruptcy trustee.
5. Can I apply for a new credit card once I have filed?
It is possible to get credit after you have filed for bankruptcy, but when you should do it varies on a number of factors. In most cases, you will need to wait until your bankruptcy has been completed, or discharged. More than likely, you will only be approved for certain types of credit, most of which have unfavorable terms. However, these options can allow you to repair some of the damage done to your credit and rebuild it over time.
6. Why do people choose to file chapter 7 over Chapter 13 bankruptcy?
The primary reason people choose Chapter 7 bankruptcy over Chapter 13 is because Chapter 7 offers near-immediate discharge of unsecured debts. In Chapter 13, you will eventually be granted discharge for unsecured debts, but it is not until you have completed a payment plan that lasts for three to five years. The downside of Chapter 7 is that your assets are liquidated, so it is often chosen by those who have little to no assets and therefore “nothing to lose.”
1. What is a durable general power of attorney?
Durable general power of attorney is the legal term for giving a person of your choosing (usually called the “attorney-in-fact” or “agent”) the authority to act on your behalf concerning legal matters and other issues designated by you should you be unable to do so. It goes into effect when you are unable to make decisions regarding legal matters on your own. Many people grant their spouses or adult children durable general power of attorney, though you can assign the authority to anyone.
2. How often do I need to update my Will?
You should update your will any time there is a significant change in your life. For instance, if you remarry, have children, move, or your current spouse dies; it is a good idea to have an attorney review your will and determine what update is needed. It is also a good idea to make updates if your financial situation changes or you accrue additional assets. And finally, you should have an attorney review your will periodically – at least every five to 10 years – whether changes occurred or not, just to make sure everything is in order.
3. What property can I dispose of in my Will?
Just about any type of property can be disposed of in a will. For instance, things that are personal property including, art, furniture, collectibles, cash, jewelry, antiques, etc. Additionally, money in checking accounts, savings accounts, and money market accounts are also included in wills. So is Intangible personal property, such as stocks, bonds, and other forms of business ownership, as well as intellectual property, royalties, patents, and copyrights can also be part of a will.
4. What is probate?
Probate is the court-overseen process by which a deceased’s person estate is settled. Essentially, it is the process of proving the person’s will in a court of law and ensuring it should be accepted as a valid document. Once a will completes the probate process, the wishes of the deceased can be honor and the estate can be settled which usually includes distributing the assets to family members and others named as beneficiaries.
5. What is the time period to admit a Will to probate?
The time period for admitting a will to probate in South Dakota varies based on the size of the estate, but in general, there is a 30 day waiting period before the will can be admitted to the court. The state has both a formal and informal probate process, so it is important to work with an attorney to determine what the deadlines might be for a given estate.
6. What is involved in the administration of an estate?
The administration of a person’s estate is based on the documents that govern the estate. For instance, settling an estate with a will is different than settling one governed by an irrevocable trust. If probate is necessary, as it would be with just a will and if the estate is of a certain value, you will need to “prove” the will in court before administration of the estate can begin. Once approval is given by the court, the assets in the estate can be distributed based on the wishes of the deceased.
7. What happens if I die without a will?
If you die without a will, known as dying “intestate”, it means the state becomes the owner of your estate. It has the power to determine how your assets will be distributed, if at all. If you have people to whom you would like your assets to pass after you die, it is important to create a will. Otherwise, the process of settling your estate will be complicated and expensive.
8. What documents are needed for estate planning?
The documents used for estate planning in South Dakota depend on how you would like to set up your estate. At the very least, you should have a will that has been reviewed by an experienced estate planning attorney. It is also a good idea to create documents assigning power of attorney and a living will. You might also benefit from creating a trust. The best thing to do is review your assets and wishes with an attorney who can help you determine the best estate planning tools for your situation.