The Faulstich Law Firm. St. Louis Family Law Attorneys. -
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Why should I have an Estate Plan?


As an attorney, I think a lot of people think that their assets aren't big enough and their life isn't interesting enough to warrant an estate plan. To the first issue: you would be surprised. You don't have to be "wealthy" to make an estate plan a smart move for you. As I have mentioned before for instance, having a small business (or any business) would make estate planning a must for you. You don't have to be wealthy to have a small business. Most people who have kids, a decent job, some savings, some retirement savings, a house, a spouse, a car or two, even someone with a special collection of collectibles—anyone with any one or any combination of these is a great candidate for an estate plan.

Grandparent Rights: Beyond the Basics: A Loophole


Recently I handled a case in which Grandparent Rights were at issue. As I have written before on this blog, Grandparent Rights are not as strong as a Grandparent might hope for or expect. There are only special circumstances in which a grandparent may ask for rights. Many times this is in a divorce case or a modification of the order from that previous divorce case in regards to the child custody portion of that divorce case.
The law allows for Grandparents to Intervene in Divorce cases and Modification of Child Custody cases.

What do I do if an administrative child support proceeding has been started against me?

The answer to this question is going to depend on a few things, but first and foremost, you need to respond within the timeline written on your notice and request a hearing. First of all, do you believe you are the father of the child? If not, then you will need to contest the paternity of the child. This does not mean that you need to run out and do your own testing then give that to the court. This is a bad idea for a few reasons: One, the test you choose may not even be admissible to prove or disprove paternity so the court will not even look at the results, and second, you might be wasting money if the child turns out not to be yours.

If a father is not married to the mother of a child, how does he get custody rights?

A paternity action filed in the Circuit Courts. A lot of people confuse this with the administrative process. Sometimes, when the mother is not married to the father, she can have him paying into child support for the child but the father does not have any enforceable custody rights. Additionally, it being dealt with this way may not only deprive a father of custody rights, but also has a very good chance of making the child support too high. Why? Because there are factors that administrative child support is not equipped to take into account as well as a Circuit Court might.

What are some common pitfalls when self-representing in a divorce?

(1)    Not understanding the law and what you are entitled to before agreeing to a Settlement agreement. For example, a lot of potential payors on child support or maintenance don't realize how much the law and the legal landscape has changed in the past decade, and therefore they end up paying far too much, because of their preconceived notions and expectations about what they were going to have to pay (notions which are probably based on outdated societal expectations). Recently, higher credits for noncustodial parents were allowed, but you have to know how to ask for them and why.

Can I file a dissolution on my own or do I need an attorney?

You can file a dissolution on your own. Depending on what county you are in, some may be more difficult than others. For instance, here in Missouri, in St. Louis County, there are some services set up to help with this. On the other hand, the surrounding counties like St. Charles, Franklin County, St. Louis City (separate from St. Louis County), and Jefferson County, which admittedly are much smaller, do not have the same resources. Additionally, none of these resources can give you free legal advice.

During my dissolution, can I hire an attorney at any time?

The answer to this is yes. You can always try to start the process and call an attorney later if you feel the need. This might not be advisable for a number of reasons, but if you need one, late is better than never. That said, there will be times where most attorneys will refuse to jump into the case. Taking on the responsibility of representing someone is something that we take seriously. Coming into a case midway means a lot of catchup for an attorney who has not been involved with the previous proceedings.

Where Does Our Firm Serve?

The Faulstich Law Firm: Serving the following areas:St. Louis City, St. Louis County(Affton, Ballwin, Bellefontaine Neighbors, Beverly Hills, Blackjack, Breckenridge Hills, Bridgeton, Brentwood, Chesterfield, Clayton, Crestwood, Creve Coeur, Des Peres, Ellisville, Earth City, Eureka, Hazelwood, Fenton, Florissant, Jennings, Kirkwood, Ladue, Maplewood, Maryland Heights, Manchester, Normandy, Northwoods, Olivette, Oakville, Overland, Pacific, Pagedale, Pine Lawn, Richmond Heights, Rock Hill, St.

What type of information will I need to provide to the court during my dissolution?

When you marry, that act has many legal repercussions involving how your finances are treated and your children are treated in the eyes of the law. Therefore, it makes sense that when you are dismantling this legal union that you will be asked to provide a great deal of information about both finances and your children if you have them.

You will be asked to provide information about your income. Information that you will need will be broken down on paystubs and W-2s that will be helpful in providing the court with this information.

My spouse and I have decided to get a divorce. How do I get started?

You will need to make what is called an initial filing. This begins the divorce process, which in Missouri is legally referred to as a "dissolution". An initial filing will include multiple documents. You will need to provide court approved forms for some of these. Some of the documents will ask for simple data like birthdate and date of marriage. Others are more complex and will require you to "plead" certain information based upon legal statute (a type of law). Also, these will need to be served upon the respondent, which in this case would be your spouse or your spouse's attorney.
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