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Missouri, Illinois, Kansas, and Oklahoma Fathers' Rights & Divorce Law Blog

Same-sex divorce often raises difficult legal issues

110454438_S.jpgAlmost half a million gay couples around the country have married since the U.S. Supreme Court made its landmark decision in Obergefell v. Hodges in 2015. Research suggests that same-sex couples divorce at about the same rate as heterosexual couples, which means that almost half of these couples have already divorced or will divorce in the future. This is a delicate legal issue because the rules dealing with same-sex divorce are still evolving in Missouri and elsewhere.

Before the Supreme Court ended the debate about the legality of same-sex marriage, many states allowed gay couples to enter into domestic partnerships or civil unions. If those couples later married and then file for divorce, they may need to dissolve these arrangements as well as their marriages. However, this is not always the case as many states converted domestic relationships to marriages following the Supreme Court decision.

Avoiding certain costly divorce mistakes

37970727_S.jpgMissouri residents who are getting a divorce should take care to avoid certain mistakes during the process. These mistakes can result in very costly consequences in the future.

Having certain records on hand is necessary to make informed decisions about certain divorce issues. Once divorce seems inevitable, it is important that individuals begin to obtain records that detail the balances and account numbers for all financial accounts. It is also necessary to have on hand Social Security documents that report a spouse's earning records and expected benefit payout for the future. Records that show the amounts that have been paid for highly valuable assets and for major home improvements should also be gathered. Having all of these documents on hand can help with both deciding on divorce settlement terms and planning for taxes and retirement.

Divorce is becoming increasingly common among people over 50

39458626_S (1).jpgOlder people in Missouri, including those who have been in long-term marriages, are getting divorced in increasing numbers. Two sociologists determined that in 1990 only about 10 percent of people getting divorced were 50 or older. Just 25 years later, the figure had grown to 25 percent. Among these gray divorces, over half of them involve couples with marriages of over 20 years.

People at this point in their lives typically have multiple assets when they seek divorces. Real estate and retirement accounts represent two common forms of wealth that the splitting spouses must divide. If people want to keep the family home, they need to think about their ability to pay for upkeep and property taxes. Alternatively, two people can sell a home and split the proceeds. As for retirement accounts, these are generally divided equally unless some portions are traded for other assets. Tax consequences could come into play when people distribute retirement funds.

Disparity in attractiveness and divorce risk

70992692_S.jpgIf one person in a couple is significantly more attractive than the other, this could eventually cause problems in the relationship. An article in "Psychology Today" reported that according to research, couples who are not at similar levels of attractiveness are less likely to have a successful relationship.

This was the case despite the fact that in one study, husbands with more attractive wives, as rated by undergraduates, tended to be happier and more helpful to their wives than other husbands. Other research indicated that women who considered themselves more attractive than their husbands flirted more and were less committed to the relationship. According to another study, jealousy from the less attractive partner tended to be the culprit rather than a lack of commitment.

Addressing child support

37348092_S.jpgWhen parents in Missouri decide to divorce, one area of contention can be child support. In many cases, however, parents are willing to put aside strong feelings in favor of negotiations that center the child's best interests. These families often forgo lengthy litigation and opt to negotiate child support between themselves.

In general, the law acknowledges the importance of both parents providing financial support for their children. When parents have an accurate understanding of each other's finances, as well as their children's needs, there is groundwork for being able to decide what an acceptable level of child support ought to be.

Tax changes to know about for 2019

44968867_S.jpgDivorce can be difficult for anyone who is going through it. However, Missouri residents and others will need to be aware of key recent tax changes that may play a role in a divorce settlement. Perhaps the most well-known change is that alimony will no longer be a tax deduction for the payer. This could mean that those who are asked to make such payments will pay less than in previous years.

Those who are set to receive payments may try harder to get as much as possible since they no longer have to submit taxes on that money. There are a couple of other changes that are related to the new tax law, and they could impact those who have prenuptial agreements or try to modify their agreements in 2019 and beyond. Individuals who have a prenuptial or postnuptial agreement may benefit from reviewing and renegotiating their deals prior to 2019.

Child custody and visitation

112689305_S.jpgUsually, when Missouri parents get a divorce, they either share physical custody or one has physical custody while the other has visitation rights. There are actually two kinds of custody. Legal custody refers to which parent has the right to decide what religion the child will be raised in, what kind of medical care the child will get and other major issues.

Physical custody refers to where the child lives. The child lives with the parent who has physical custody, but if parents do not share physical custody, this does not mean the other parent cannot see the child. Usually, the other parent will have visitation rights. This means the child visits the parent but does not live there. A parent can have sole legal and physical custody, or parents may share legal custody but not physical custody. Parents can also share both legal and physical custody.

How to transfer a home during a divorce

14615291_S.jpgWhen people in Missouri decide to divorce, the family home may be one of their largest and most emotionally charged assets. At the point when the couple must decide how to handle the marital home in a divorce, it is important for both spouses to thoroughly examine their financial circumstances to reach a decision that can help them thrive financially after the split. There are a number of factors that can contribute to that decision, including the amount of equity in the home.

This could determine the amount that one spouse needs to provide to the other in order to compensate them for their share of the home and affect whether that spouse seeks to keep the house at all. If so, it can be important first to establish that he or she can receive a refinanced mortgage for the remaining amount owed. It is relatively easy to transfer a jointly owned home into the name of one person for ownership purposes. The other owner simply needs to sign a quit claim deed to the former spouse as agreed to during the divorce. However, that is not enough to extinguish the other spouse's obligation to pay the mortgage.

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Other Office Locations

  • Saint Louis County: 120 S. Central Ave., Suite 450, Clayton, MO 63105: Clayton Office
  • West County: 16024 Manchester Rd., Suite 103, Ellisville, MO 63011: Ellisville Office
  • Jackson County: 256 NE Tudor Rd., Lee's Summit, Missouri 64086: Lee's Summit Office
  • Jefferson County: 16 Municipal Drive, Suite C, Arnold, MO 63010: Arnold Office
  • St. Charles County: 2268 Bluestone Drive, St. Charles, MO 63303: St. Charles Office
  • Franklin County: 5 S. Oak St. Union, MO 63084: Union Office
  • Lincoln County: 20 Centerline Drive, Troy, Missouri 63379: Troy Office
  • Boone County: 1506 Chapel Hill Rd., Suite H, Columbia, MO 65203: Columbia Office
  • Greene County: 901 E. St. Louis, Suite 404, Springfield, Missouri 65806: Springfield, MO Office
  • St. Clair County: 115 Lincoln Place Ct., Ste. 101, Belleville, IL 62221: Belleville Office
  • Madison County: 25 Professional Park, Suite B, Maryville, Illinois 62062: Maryville Office
  • Sangamon County: 400 S. 9th St., Suite 100, Springfield, IL 62701: Springfield Office
  • McLean County: 1012 Ekstam Drive, Suite 4, Bloomington, IL 61704: Bloomington Office
  • Johnson County: 7300 West 110th Street, Suite 560, Overland Park, KS 62210: Overland Park Office
  • Sedgwick County: 2024 N. Woodlawn Street, Suite 407, Wichita, Kansas 67208: Wichita Office
  • Shawnee County: 800 SW Jackson Street, Suite 812, Topeka, Kansas 66612: Topeka Office
  • Tulsa County: 6660 S. Sheridan Road, Suite 240, Tulsa, Oklahoma 74133 Tulsa Office
  • Monroe County: 116 W. Mill St., Waterloo, IL 62298 (by appt. only): Waterloo Office
  • St. Louis City: 100 S. 4th St., #549, St. Louis, MO 63102 (by appt. only): St. Louis Office
  • Jackson County: 2300 Main St., #948, Kansas City, MO 64108 (by appt. only): Kansas City Office

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