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.
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.
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.
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.
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.
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.
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
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.
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.
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