FAQs - Get Quick Answers on Divorce
by a St. Louis Divorce Lawyer

Price Law Firm
Margaret "Pegi" Price
7777 Bonhomme Avenue
Suite 1600
St. Louis, Missouri 63105
(314) 721-0042 Phone
(314) 863-0720 Fax

1. QUESTION: Do I need a DIVORCE, a LEGAL SEPARATION or a PATERNITY case filed?

ANSWER: If you are married and no longer wish to be married, you would file a DIVORCE case. If you are married and want to stay married but want a court order about the financial matters, the children or other matters, you would file a LEGAL SEPARATION case. If you have never been married to your child’s parent and want a court order about custody, visitation, child support, health insurance for the minor child, declaring who the father of the child is or other matters, you would file a PATERNITY case.


2. QUESTION: I already have a divorce, legal separation or paternity judgment. Now things have changed. Can I ask the court to CHANGE THE TERMS of the judgment?

ANSWER: Sometimes an existing order can be modified by the court. Modification actions, or Motions to Modify can be filed in certain circumstances.


3. QUESTION: Does my divorce have to be UGLY and EXPENSIVE?

ANSWER: Absolutely not. Many of my divorce cases are amicable and uncontested. That means you and your spouse reach agreement at the beginning of the case, and I draft the necessary court documents. If you both want to be civilized and not spend an arm and a leg on legal fees, you can actually get through your divorce without hating each other. If, on the other hand, either of you prefer to be miserable and spend all your money on legal fees, that can happen, too. The choice is obvious.


4. QUESTION: I heard there are two kinds of CUSTODY. What are they? And how are custody and visitation different?

ANSWER: There are two kinds of custody – PHYSICAL CUSTODY and LEGAL CUSTODY. PHYSICAL CUSTODY is where the child lives. LEGAL CUSTODY is about decision-making authority for the parents. For example, if the child spends a lot of time with each parent, it might be called Joint Physical Custody. If the child primarily lives with one parent and visits the other parent, it might be called Sole Physical Custody with Visitation to the non-custodial parent. About Legal Custody: If both parents are to be involved in the major decisions about the child, such as choice of schools and choice of doctors, it might be called Joint Legal Custody. If only one parent makes those decisions concerning the child, it might be called Sole Legal Custody to that parent. VISITATION is simply when the child is physically with one of the parents. It is also called Parenting Time.


5. QUESTION: How much CHILD SUPPORT will I get or have to pay?

ANSWER: The primary way to determine the amount of child support in Missouri I through using the Child Support Guidelines, also known as Form 14. That is often just the starting point, as each family is different. There may be reasons to deviate from the “Form 14 amount.” Sometimes the parents negotiate a different amount.


6. What is SPOUSAL SUPPORT?

ANSWER: SPOUSAL SUPPORT is support that is paid by one spouse to the other. It is also called ALIMONY or MAINTENANCE. Spousal support is often taxable to the person receiving it, and deductible to the person paying it, but since I am a divorce lawyer and not a tax lawyer, I will of course recommend that you check with your own tax advisor on this issue.


7. QUESTION: What happens to our house, cars, furniture, bank accounts, retirement accounts, loans and debts when we get a divorce? Does the court DISTRIBUTE this PROPERTY?

ANSWER: Yes, the court DISTRIBUTES PROPERTY and often debt during a divorce, unless you and your spouse reach agreement on how you want to divide up these things. It is almost always better to divide up your own stuff among yourselves than to ask a total stranger to do so.


8. QUESTION: I have or my spouse has a great job with a HIGH INCOME. We have accumulated a lot during the marriage, and would be considered to be HIGH ASSET. Is our case different from the standard divorce?

ANSWER: Yes, your case is different, but that does not mean it has to be more expensive. I have handled many HIGH INCOME/HIGH ASSET divorces that were amicable and non-contested. If you are a HIGH INCOME or HIGH ASSET case, be extremely careful in your choice of lawyer. You do not want to be taken advantage of because you can afford high legal fees. Just as you should not be charged $10 a gallon for gas when others are paying $4 a gallon, you should not have to pay $10,000 or $20,000 or more for your divorce if it should be amicable and non-contested. Make sure you are not drawn into unnecessary disputes that only serve to increase legal fees.


9. QUESTION: I am in the MILITARY. Are there special rules that apply to my divorce case?

ANSWER: Yes, the Servicemembers and Soldiers Civil Relief Act will likely apply to your case. You should make sure your lawyer knows at the very beginning if you or your spouse are on active duty in the military, so this statute can be followed properly.


10. QUESTION: Does child support stop when our children go off to COLLEGE?

ANSWER: Not necessarily, but there are very detailed rules that must be followed. Discuss the college issue with your lawyer before your children go to college so you can make sure the rules are followed, so they don’t lose eligibility for support.


11. QUESTION: I want to MOVE out of state. Do I have to tell my ex before I move?

ANSWER: Absolutely. There is a Missouri RELOCATION statute specifically about this issue. It requires, among other things, written notice at least 60 days before your intended move. There are many detailed rules that have to be followed. You should check with your lawyer as soon as you start to consider moving. Sometimes it can be as simple as entering into a written agreement with your former spouse. Other times you might have go through the courts and have a full trial. This is a serious issue. Worst case scenario, the judge can transfer custody of the children to your former spouse.


12. QUESTION: My child or my spouse or I have SPECIAL NEEDS or a DISABILITY. Should we bring this up in the divorce?

ANSWER: The issue of SPECIAL NEEDS should be carefully explored from the very beginning of the case. SPECIAL NEEDS can impact custody, the visitation schedule, child support, spousal support and property distribution. Not all special needs are at this level, but when special needs are present, they need to be raised and addressed. This is a new and emerging area of law. I have written a law book and a parent guide on this subject, to raise awareness and offer guidance.


13. QUESTION: What is the age of EMANCIPATION in Missouri? When will my child be emancipated, so that I don’t have to pay child support anymore?

ANSWER: This sounds hard to believe, but Missouri does not have a specific statute that says the age at which a child becomes emancipated. Several different things can cause a child to be emancipated, and it is often in the discretion of the judge, unless the parents can agree on the issue. The judge will look at such factors as: if the child is no longer living with either parent for a substantial period of time, if the child joins the military, if the child is working full-time and is not in school, if the child marries, if the child becomes a parent, if the child is financially independent.


14. QUESTION: What happens when OLDER PEOPLE divorce?

ANSWER: It is pretty much the same when older people divorce as when younger people divorce, except that certain issues, such as social security, retirement accounts, property distribution and spousal support can take on different priorities than is a shorter-term divorce among younger people. Also, divorcing people who have adult children often choose to do a pre-nuptial agreement if they later marry someone, to protect the inheritance of their children and grandchildren.


15. QUESTION: My wife MOVED OUT OF STATE. She said I can’t divorce her unless she comes back to Missouri. Is this true?

ANSWER: No, there are several ways to serve divorce papers on someone who has moved away, if they have moved to another state, or even if they have moved to another country. In that situation, I usually go through the American Embassy of that country. It can take some time, but the important thing is that it CAN be done.