I own 3 restaurants (one of which my wife and I bought in 2014. The other two I had before we married). This 3rd restaurant operates under one of my original corporations formed in 2005, and she would like to buy me out (we are divorcing amicably) and I need the expertise to properly set her up... Read more »
First of all, congratulations on working this out amicably. Dividing up these assets will involve at least one written agreement between the two of you, and should also include the formation of a legal entity by your wife, as you indicate. I strongly encourage you to seek legal counsel to assist...Read more »
Partner and I are separating. We share bank accounts and all bills. She wants to keep the house and I'm fine with that. But we have built equity and as far as I'm aware, I get 50 percent when my name comes off of it. Is this correct and if so, what's next? Thank you.
The answer depends on A) how you and your partner hold title to the property and/or B) how you and your partner agree, in writing, to split the proceeds of sale of the property. The answer should be covered by A. As long as you are both on title as owners of equal shares, you will split the equity...Read more »
One day a week, the father picks up children in the evening and drives them to his home about one hour away. The next morning, he wants me to pick them up from his home one hour away, take them to school one hour away from there, then I have to drive about one hour to work. Court order says his... Read more »
From the description you would be the receiving parent. All the time in a given day needs to be accounted for between each parent (the school is not a custodian of your child) so as the start of school or as of 8:00 am the children are back in your custody. A common discussion is if a child gets...Read more »
the boys are 11 and 7. excellent students and happy at both of our houses. When I told my oldest . he was so upset and thought he did something to cause this, when his mother just randomly pulls this out of her hat and I know its to hurt me because i have been their coach for 5 years. Our team is... Read more »
To answer your question an attorney will have to review the parenting plan in your case. Every parenting plan can be different so there is no way we can tell without reviewing the documents in question.
My ex & I are recently divorced. We sold our home, it was financed in his name only but titled in both. Do we split a refund check from the mortgage company made out to him only? I certainly hope so because my income was used the whole time to make the mortgage payment. Please advise, I... Read more »
There is no general rule in real estate pertaining to this situation. This issue should have been addressed in your asset split in the divorce. Your family law attorney should be able to answer this question, or the answer should be in your marital settlement agreement.
A motion pendente lite is latin for "pending the litigation". The motion requests orders while a case is pending such as custody, visitation, child support or maintenance orders in divorce litigation. Pendente lite motions are often abbreviated as "PDL". Those temporary...Read more »
Unfortunately during temporary custody our GAL explained that he would be reaching out to the supervisor, and letting the supervisor know that he would be supervising the children during dad‘s visits. He was also to inspect the home making sure that it was a safe place for the children to go.... Read more »
Had a stroke on Feb1st. Spouse filed for divorce in NM. No representation, and not sure if I will ever work again. Would love to have some kind of representation as I am already having a hard time grasping an understanding due to the stroke.
You could seek to have the venue changed to Missouri, depending on your mobility and where the marriage was filed, etc. I would speak to a family law attorney near you and see if they can offer more guidance on the specifics of your case.
My childs father and i have been separated since 2013 he paid child support for a year or so then left the state and has not helped or seen her in the past 6 months. I august she called him for her birthday. hasn't heard from him since.
The best way to modify custody would be to hire an attorney to help. Family law cases are not generally self help projects. I should note that while the court may be willing to give you sole legal and sole physical custody it will not absent serious abuse or neglect give terminate his parental...Read more »
You are entitled to an equitable division of the assets, like your house. In civil law, you have no constitutional right to an attorney, so I would do your best to save up for an attorney to help you in the matter. Your divorce should be simpler if you do not have kids. There are also legal aid...Read more »
We did a Pro Se divorce in Missouri earlier this year. We have joint physical and legal custody. The kids are with me 1 week and him the next. The address for school and as their residents is mine. So I am wondering who is considered the custodial parent those words are not used in the divorce... Read more »
Correct, states like Missouri and Kansas don't list a parent as the "custodial" parent; they say that one parent's residence will be used for mailing and educational purposes. Neither parent is the custodial parent since you have joint legal and physical custody, but there is...Read more »
There is not nearly enough information in your question to give you a good answer. First of all "charge" would indicate a criminal charge and only a prosecuting attorney can file charges on anyone. You may be able to file a police report but the prosecutor would make the charging...Read more »
I am sole provider for family and house is in my name. I want to leave and rent a safe place but cant pay for both places. Husband refuses to work he has no income. Can I sign a lease and leave family house while married if I fear he will hurt me? Am I legally obligated to support him until we... Read more »
Please speak to a local family law attorney. More details about the abuse and you situation will be needed to give you a good answer. For instance an order of protection might be in your best interest even if you leave the current home.
He's had our son for a month without letting me have any sort of contact with him(he's 1) I haven't gotten any updates. My husband told me he moved 45 miles away from me but gave me no address. I've tried calling him and his family multiple times with no answer from anyone. Can... Read more »
Is your case pending? If so, he may have violated a local rule by relocating without providing you an address. If your case is pending you can file a temporary/PDL motion to get custody while your case is pending.
Also, if you live in a different state then the child which states laws do you follow??? If you have it in your divorce decree to inform the other parent of moving to a different state with the child and fail to do that what legal action may the NCP take???
Child support can be changed any time there is a change in circumstances that effects overnights, health insurance, income of the parties, and other factors resulting in at least a 20% change or a change in who pays.
Relocation is a separate issue, though someone relocating can effect the...Read more »
I would like to know if the plaintiff/petitioner in an uncontested divorce with no children and no property division between both parties can file a motion to compel the court to render a judgment and sign a divorce decree when that judge has far surpassed the thirty(30) days from the time of... Read more »
Based on your city being Grandview, MO, I am going to assume you are in Jackson County, MO. They have a specific docket for uncontested cases and you need to send in a proposed judgment. If you have an attorney, they will have done this. If you do not have an attorney, you need to do it. There are...Read more »
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