Divorce
Gantz Law Firm, LLC handles a variety of divorce cases—including the valuation and division of marital property and debt—and provides legal aid to clients in Clayton, Richmond Heights, Webster Groves, Kirkwood, Shrewsbury, Eureka, St. Charles, St. Louis, O’Fallon, St. Peters, Des Peres, Town and Country, Chesterfield, Ballwin, Manchester, Hazelwood, Florissant, Ferguson, Creve Coeur, Warrenton, St. Louis County, Jefferson County, St. Charles County, Franklin County and Warren County.
Why Do You Need a Divorce Lawyer?
Breaking up a family is always stressful, even when spouses attempt to resolve issues—like custody and property division—amicably. Whether you’re sure you want to end your marriage or are still considering your options, it helps to know the basics of divorce law and process. Should you conclude that divorce is necessary, it is very important to seek the assistance of an experienced family law attorney.
Involving a knowledgeable family law attorney as soon as possible is one of the best ways to preserve your own long-term financial and emotional health. Gregory M. Gantz of Gantz Law Firm, LLC in Chesterfield, Missouri, has guided many husbands and wives through divorce proceedings for 25 years. Having a calm and confident divorce attorney can help ease the process, ensuring that your needs and your children’s needs are resolved.
What Are the Grounds for Divorce?
Divorce is the termination of a marriage contract between two individuals. From a legal standpoint, a divorce will give each person the legal right to marry someone else, divide the couple’s assets and debts, and determine the future care and custody of their children. While each state has individual statutes that address these issues differently, the basic principles the courts follow when considering requests for divorce are relatively uniform.
In a majority of the states, there is at least one form of “no-fault” divorce. No-fault divorce is a marital termination proceeding where the divorce is granted without either party being required to show fault. In no-fault states, either party may obtain a divorce, even if the other spouse does not consent to the divorce.
Other states require that you give a legal reason to get a divorce. These are called fault-based divorces. Each state will have a statute that specifically defines the different types of fault that must be proved in order to establish the requested marital termination.
In some states, both fault and no-fault divorce grounds are available. An experienced attorney can help you determine if you should pursue a fault-based or no-fault-based divorce. Typically, a fault-based divorce is pursued when a couple cannot reach a satisfactory division of property, award of support, or child custody agreement, and one party wants the court to consider the conduct of the other party when deciding the issue. Whatever the issue, the decision to pursue a fault-based divorce should be based on legal rather than emotional reasons.
If you believe you want to pursue a divorce, please contact Gantz Law Firm, LLC to discuss your case.
What Are the Grounds for Divorce?
Divorce is the termination of a marriage contract between two individuals. From a legal standpoint, a divorce will give each person the legal right to marry someone else, divide the couple’s assets and debts, and determine the future care and custody of their children. While each state has individual statutes that address these issues differently, the basic principles the courts follow when considering requests for divorce are relatively uniform.
In a majority of the states, there is at least one form of “no-fault” divorce. No-fault divorce is a marital termination proceeding where the divorce is granted without either party being required to show fault. In no-fault states, either party may obtain a divorce, even if the other spouse does not consent to the divorce.
Other states require that you give a legal reason to get a divorce. These are called fault-based divorces. Each state will have a statute that specifically defines the different types of fault that must be proved in order to establish the requested marital termination.
In some states, both fault and no-fault divorce grounds are available. An experienced attorney can help you determine if you should pursue a fault-based or no-fault-based divorce. Typically, a fault-based divorce is pursued when a couple cannot reach a satisfactory division of property, award of support, or child custody agreement, and one party wants the court to consider the conduct of the other party when deciding the issue. Whatever the issue, the decision to pursue a fault-based divorce should be based on legal rather than emotional reasons.
If you believe you want to pursue a divorce, please contact Gantz Law Firm, LLC to discuss your case.
What Is Contested Divorce?
Before a divorce is granted, the typical issues that must be resolved are alimony or spousal support, property division, and—if applicable—child custody, visitation, and support.
A divorcing couple who agrees in writing on all of those issues will likely be granted an uncontested divorce and avoid adversarial divorce litigation. Conversely, if there is disagreement on any basic issues, a contested divorce exists.
When a divorce is contested, the couple may proceed through all phases of litigation, including trial before a family court judge. The couple may also voluntarily seek alternative dispute resolution methods, like mediation or collaborative divorce, or they may be ordered by the court to do so. It is important to consult an attorney before deciding which method is right for your situation.
About the Divorce Litigation Process
The actual legal process for getting a divorce varies by state. However, most marital termination proceedings usually include some version of the following components:
Petition
The filing of some form of petition document formally initiates divorce proceedings.
Summons and Response
Formal notice to your spouse about your intent to pursue court action to obtain a legal divorce. The response is the other parties’ acknowledgment the divorce procedure has begun.
Motions
A formal request to the court to order some type of action before the trial. For example, in situations involving domestic abuse, it is not uncommon for a motion for a protective or restraining order to be filed.
Discovery
The phase of the proceeding where each side gathers information in support of their legal arguments. It is an important phase in contested actions, particularly if you believe your spouse is hiding assets. It includes depositions and interrogatories.
Hearings and Temporary Orders
In some instances, there are questions or situations that need to be temporarily resolved before the final divorce agreement is reached or ordered by the court. For example, if the couple can’t agree about where their children should live during the process, they would ask the judge to decide during a hearing. Temporary orders generally remain in effect until the final decision is made at the end of the divorce process.
Trial
A critical court appearance before the judge where the case will be decided. The trial may include witnesses, friends, financial experts, psychologists, and other types of evidence, including financial records.
Judgment
The final decision is a judgment. It is not a verdict in the sense the judge assigns blame to either party. It is simply a legal statement of the judge’s rulings on all the issues in question during the trial, such as custody, visitation, support, and property division.
What Are Some Alternatives for Dispute Resolution?
Mediation
Mediation is an alternative to litigation that can be less expensive and less stressful for divorcing couples and their children. In the mediation process, the couple works with a trained mediator to reach an agreement on contested issues.
Arbitration
Arbitration is more like litigation than mediation. Instead of using a judge to decide the outcome, the parties agree to use an arbitrator. Each spouse is represented by an attorney who will represent their best interests during negotiation.
Collaborative Divorce
Collaborative divorce is a relatively new divorce process that requires an upfront commitment to resolving disputes by negotiation, compromise, and agreement. If either attorney moves the case toward litigation, both will be disqualified from representing their clients in the litigation. If the parties can’t reach an agreement, both lawyers (and their law firms) must withdraw.
What You Need to Know About Alimony
Alimony (also known as spousal support or maintenance) is financial support paid by one spouse to another. The types of factors the courts consider vary from state to state but may include the respective fault of the parties, the length of the marriage, and each party’s financial conditions after the property division.
A lawyer in your state can tell you what factors are taken into account when deciding on alimony. Here are the three types of alimony you need to know about.
Permanent Alimony
This is an allowance for support and maintenance (such as food, clothing, housing, and other necessities) of a spouse. When a party requests permanent alimony, they must establish that they need support and that their spouse has sufficient means and abilities to provide for part or all of the need.
Restitutional Alimony
Restitutional and rehabilitative alimony are paid for a shorter period of time and most likely provide less than the standard of living during the marriage.
Rehabilitative Alimony
This is designed to provide the means necessary to enable a spouse to refresh or enhance job skills necessary to become self-sufficient by providing financial support while the spouse is obtaining necessary training.
LET GANTZ LAW FIRM, LLC HELP YOU
Reaching the decision to end a marriage is enormously difficult. It is in your best interest to approach the process from a rational, businesslike perspective, which is extraordinarily difficult given the emotional issues with which you must also cope.
Working with an attorney who is experienced in handling family law matters in your state will ease your stress and help you get through the process to begin your new life.
Get in Touch
To contact Gantz Law Firm, LLC, call 314-434-6000 or complete the short intake form on our Contact Us page.