Ricci - Law - Group

Divorce

Saint Louis divorce attorneys from Ricci – Law - Group represent clients for contested and uncontested divorce, legal separation, divorce mediation, child custody and child and spousal support.

According to the U.S. Census Bureau, more than 40 percent of all marriages entered into today will end in divorce.  Divorce is the legal termination of a marriage by a court of law.  In a Missouri divorce, the court declares the marriage to be “irretrievably broken.”  In the past, marital misconduct, such as adultery, was required for a court to grant a divorce. Today, divorce does not require such a finding of fault.

Approximately half of the divorces in Missouri are granted upon agreement of the parties and without a trial.  They are “uncontested” divorces.   About a quarter of Missouri divorces case go to trial.  Around fourteen percent of the divorce cases end with a divorce judgment because the other party failed to respond and a default of that party was taken.  The remaining eleven percent of the divorce cases are dismissed.  Although most individuals choose to have professional legal representation, many divorces in Missouri were filed “pro se”, or without an attorney.

While you may represent yourself in the case, it is not advised.  You lack the know-how to navigate the legal system and are further disadvantaged if your spouse has hired an attorney.  Because of the inherent conflict of interests, it is not possible for both spouses to use the same attorney in a divorce action, as that attorney cannot advocate vigorously for each party, and both sides cannot be represented fairly and adequately.

While one may consider navigating family court unrepresented and believe s/he will obtain a favorable result without advice of counsel, this is unlikely.  The help, advice, and skills of a divorce attorney are essential to resolving your case in the most equitable, favorable manner.  Disagreements over property, spousal support, and child custody often are in dispute and must be addressed.  If a mediator cannot help resolve contested issues, then the case must be tried before a judge.  Even if you and your spouse are in total agreement about how you will divide your assets, and resolve all issues between you, you are still unable to be divorced unless the court also approves your agreement.  This is because the court is charged with and required to make a finding that your settlement terms are fair and “not unconscionable.” 

Divorce procedures are often complicated by a lack of communication between the two parties involved.  Because the divorce process can be long and arduous, it is important to have access to up-to-date information on the status of your divorce proceedings. Your divorce attorney can show you how to  access to the court system’s database to see the status of your case at any time.  And further your divorce attorney is there to keep you informed about the process and latest case developments, to ease your fears, and to field your questions.  Please contact us today - we are available to help you.

Please consult Ricci – Law – Group for legal help. Call 314-647-1200 today.


Areas of Practice

  • Adoptions
  • Business Law
  • Business Succession Planning
  • Child Abuse and Neglect
  • Child Custody
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