This will be very fact specific and it is difficult to guess how his retirement may or may not effect the divorce proceedings. This may also vary between judges/counties. You should contact a local attorney to discuss maintenance and division of assets and debts in light of his retirement. Even if... View More

If you do not want to hire an attorney, please look at the self represent section of the Missouri Courts website. The only thing you would need to pay is the filing costs.

Child support is based on the income of the parties. Sometimes in even splits of custody, the person who earns more will pay the other child support. You should contact an attorney who practices family law for more specifics.

Yes, you can get divorced in Missouri. Look up how to self-represent in Missouri or contact a local attorney for a consultation on how to proceed.

It can be frustrating, but it is a common frustration that one can be innocent, yet still must spend money on an attorney to prove that innocence. Fortunately, you are not wrongly accused of a criminal accusation; I know that doesn't make this any less painful, but it is also a clear example... View More

Post-nuptial agreements can be made so long as both parties are open about all assets they control or have rights to. The purpose of these agreements is to ensure that an asset, such as interest in a business owned by one spouse, does not get sold or divided as marital property in a divorce. So if... View More

No attorney will speak with you while you're still represented. If you have an attorney, you need to talk with your attorney. Family law attorneys deal with these issues day in and day out. They tend to stay level headed and not lot the emotion of the case get to them until it's... View More

Check into free legal services available to low-income and disadvantaged in Missouri. http://www.lsmo.org/

If you are able to send paperwork to your husband in jail, then you can get divorced. Find an attorney near you who offers free consultations or flat fee rates for simple divorces. It is probably more affordable than you think. You may also try looking up self-representation in divorce in your... View More

Generally, if you did not file any responsive paperwork, then you do not get to present evidence. Sometimes judges can be lenient with litigants who do not have attorneys. However, you may see if you can ask for leave to file an answer out of time or hire an attorney do it for you.

It is my understand that to sell a home, all owners have to agree to sell it. Refinancing is a little different and you should speak with your mortgage provider to be sure what they require. As for your settlement, it is possible he may be entitled to some of the claim, but you need to speak with a... View More

If you both resided in the house during the marriage, it is determined to be the marital home and you may be entitled the equity in the home regardless of whose name is on the title. You will more than likely need an attorney to assist you with this since assets and debts can be tricky at times to... View More

You definitely need to hire an attorney if you have not done so already. Generally, any funds earned, which can include settlements, is considered marital income and each spouse is entitled to an equitable portion.

This is a late answer considering you posted your question over a month ago.

There are a lot of factors that come into play when asking for the other party to pay attorney's fees. Usually, it is dependent on the financial disparity between the parties (actual and expected income),... View More

If you intend to move back to CA, then you file in CA. However, CA child custody laws will apply regardless of where you file.

I've often wondered about that question (in general). Logically, it would seem that you don't need to. But if and when either of you wants to re-marry, he or she should consult with an attorney in the state where you (or your "current spouse" lives to determine if a new marriage would be valid.

That sticks out as a sore thumb to me. A lawyer cannot use what he or she learned about someone in a previous case in a subsequent case against the client. That is a classic conflict of interest issue.

Seems clear: Normally the parties have to talk about things in good faith. But according to this phrase (sentence, actually), if push comes to shove, the physical custodian gets the final word.

If you file for divorce your H4 visa becomes invalid which directly means your EAD will also become invalid. So you would not be able to stay in the US legally, I see you mentioned your husband emotionally abused you. If it was physical abuse and if it involved any violence you will be able to... View More

Property that is inherited is considered non-maritla property, and as such can not be awarded to the other spouse in a divorce. However, the court can take into consideration the value of the inherited property in dividing the remaining assets and debts, and in determining whether to award... View More