In Missouri
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to be a state resident for 90 days, and the court must find that there is no
likelihood the marriage could be preserved. If the marriage is not irretrievably
broken and there is a reasonable likelihood it can be saved, a legal separation
may be in order if you will not be living with your spouse. However, there is a
common misconception that legal separation is an easier process than a divorce
when in fact the process and cost is often very similar.Do I really need to hire
a divorce attorney? Many people resolve themselves to the idea that they are
capable of handling their own divorce. However, if you were charged with a
crime, you would likely hire a criminal attorney to protect yourself, right? You
wouldn't want to gamble with your freedom. The divorce process is complicated
and navigating the legal system to obtain good or optimal results requires
knowledge and experience. With your children
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want to use your situation as a learning experience. You also save yourself a
lot of money in the long-run when you have a divorce decree that is written
clearly and helps avoid future disputes. At Stange Law Firm, our divorce lawyers
have the knowledge and experience to guide you and advise you through the
hurdles that will inevitably come through your divorce.Do I have to prove my
spouse is at fault in Missouri? The short answer is no. In Missouri, there is an
option for a 'no fault' divorce. This means the marriage is irretrievably broken
regardless of the actual cause. This allows the parties to focus on restarting
their lives and if there are children, focusing on their best interest rather
than re-hashing past behaviors.However, if there are serious issues, you can
also allege other grounds for divorce including physical/emotional
abuse
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shox nz scontate , abandonment, drug abuse, etc. These issues may
be relevant in dividing property and deciding who gets custody of the children.
Adultery may be relevant if the person requesting custody or a large property
award is having an affair that broke up the marriage or if the adulterous
behavior has been flaunted in front of the children.How can I protect my
children? Stange Law Firm, PC and Missouri courts regard children as the highest
priority in the process. Our divorce attorneys protect children throughout the
court proceedings, and encourage our clients to do the same. DO NOT make your
children a pawn in your divorce. Your children will suffer and you will regret
your behavior in the future, whether through your own guilty conscience or
through a stringent court judgment. The children should not be brought into the
proceedings. Messages should not be passed through the children. If your ex is
late on child support, do not tell your child "Tell Daddy/Mommy to pay me the
money" when you send your child for visitation. This confuses the child and
makes them feel even more fragile than they already do as children of divorcing
parents.The philosophy of our child custody attorneys is to help you develop a
new parenting relationship with your ex-spouse so the focus is on the children's
future
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italia , not your past marriage. Stange Law Firm reserves the right
to request that the court allow our withdrawal from your case if we determine
that you are not focused on the best interest of the children involved in your
situation.What about child support? Unless the parents have approximately equal
custody time with the children and make roughly the same amount of money, one
parent will pay child support to the other. The parent who does not have the
children most of the time (also called the non-custodial parent) pays support to
the custodial parent. Oftentimes, the non-custodial parent is the father, but as
with fathers' rights, we are seeing more and more fathers obtaining custody and
receiving child support from mothers. There is not a presumption that the mother
must be the custodial parent. Custody is determined by the court by determining
what arrangement is in the children's best interest. Furthermore, our father's
rights attorneys, who have practiced for a long time with divergent
cases
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do[censored] entation that furthers the chances of winning the case.In Missouri,
child support is calculated by the child support lawyers using a Form 14. Both
parents' incomes go into a formula, along with adjustments for parenting time
and insurance paid. Each parent is responsible for a share of the child support,
and the party who does not have custody of the children pays their share. Can I
get maintenance and do I have to pay maintenance? The only answer to this
question is: It depends. Maintenance in Missouri is designed to ensure that each
party is able to meet their reasonable expenses post-divorce. There is no
formula for maintenance. The judge will decide based on the length of the
marriage, work prospects for each party, conduct of the parties, the ability of
the spouse to pay maintenance
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rosse , whether adultery was committed and a whole host of any
other factors the judge deems relevant. Each judge and each county is different.
Based on our knowledge with the different judges and your individual case, we
can give you our best estimate of the likely outcome. Disclaimer: The
information and materials provided are general in nature, and may not apply to a
specific factual or legal cir[censored] stance. An attorney and client
relationship should not be implied. Nothing in this article is intended to
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