Family law deals with legal issues relating to familial relationships. It encompasses several different areas, including separation, divorce, alimony, child custody, and child support. Below are some frequently asked questions about everyday family law matters.

Family Law FAQ

What’s the difference between uncontested and contested divorce?

Under Missouri family law, separating couples who are on good terms and in agreement about all aspects of their divorce—including property division and child custody—can file for an uncontested divorce.

This option is typically faster and less expensive than a contested divorce, as it does not require litigation. In a contested divorce, spouses are unable to agree about one or more issues related to their split and must take further steps (including the possibility of a trial) to reach a settlement.

Do I need an attorney to file for an uncontested divorce? 

Even though uncontested divorce proceedings are less complicated than those involved in a contested divorce, it’s still highly beneficial to hire a divorce attorney. In addition to preventing delays by ensuring that all paperwork is filed properly according to Missouri family law, a lawyer will make sure the elements of your divorce agreement are in your best interest.

How is child custody determined?

In most circumstances, Missouri family law prefers seeing couples share parental responsibility via a joint custody arrangement. Along with their divorce petition, amicable couples must file a parenting plan outlining proposed custody and visitation terms for the court to approve. When couples are at odds about child custody, the terms will be negotiated and ultimately decided by the court based on the child’s best interests.

How is property divided?

While it varies from state to state, Missouri does not automatically split property between divorcing couples. Instead, an equitable distribution is determined based on several factors, including child custody arrangements, non-marital property values, and the financial status of each party involved.

For more information about divorce and child custody, contact the team at Privette Law Office in Willow Springs, MO. With more than 30 years of experience in family law, these divorce attorneys know how to achieve the most favorable outcome for their clients. They’re also well-versed in estate planning, social security law, personal injury cases, and more. Check out their website to learn more about this talented team, and call (417) 469-3535 to set up a consultation today.