Divorce Checklist: Issues to Discuss with Your Divorce Attorney in Columbia MO
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.
Child Custody
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.
Child Support
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.
Randall Brown
https://www.randalljohnstonlaw.com/