In Missouri, divorce cases require petitioners to follow no-fault divorce laws and reach an agreement with their spouse. The divorce agreement must establish a fair division of assets, an acceptable plan for child custody, and a reasonable child support plan. A divorce law lawyer in Lee’s Summit, MO addresses common issues in divorce cases.
Community Property Versus Equitable Distribution
Community property laws give the couple an even split when it comes to the marital estate. Equitable distribution isn’t the same, and the couple won’t always receive a 50-50 split. Typically, the court reviews how the asset was acquired. Inherited properties aren’t protected under equitable distribution laws.
How Does a Parent Get Sole Custody?
The opposing parent must present a risk to the child in order for any parent to get sole custody. All allegations must be reviewed by child protective services prior to the custody hearing. All findings are reported back to the judge.
Are Increases in Child Support Possible?
Yes, increases are possible for child support payments. The custodial parent must file a motion to acquire an increase, and the judge reviews the purpose of their request. Increases aren’t guaranteed, and the custodial parent must have a just cause for making the request. Just because the noncustodial parent received a raise isn’t a sufficient reason.
How Do Children Enforce Their Rights?
Children have the right to state to the court where they want to live. During a child custody hearing, a guardian ad litem is assigned to the case to represent the wishes of the child. If a parent is resistant to the idea, the child could seek a custody change on their own. If the child is at least 17, emancipation is also possible.
In Missouri, divorce cases start with a summons and petition. The defendant has a short amount of time to respond to the summons and either accept or contest the divorce agreement. Equitable distribution laws apply to marital property division. Child custody is determined according to the most suitable environment for the child. Petitioners who want to learn more about the proceedings can contact a divorce law lawyer in Lee’s Summit, MO or visit the website right now.
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