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Monthly Archives: July 2012

Non-Contested/Uncontested/Contested Divorce

A large percentage of divorces in Missouri are often uncontested. The parties agree on all of the property distributions, allocation of debts, and child custody & support arrangements (when applicable). The remaining hurdle, then, is navigating the court system to obtain the actual divorce decree. Although Missouri does have very “user-friendly” help yourself documents online […]

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Promissory Estoppel & Contract Claims

What’s the difference between promissory estoppel and breach of contract? As you most likely may guess, a breach of contract indeed requires the existence of a valid enforceable contract. Among other things, an offer, acceptance, and valid consideration must be present. Promissory estoppel, however, is a much broader cause of action which can be used […]

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Missouri Divorce Attorney, Custody, Costs/Fees

Even though the powers that be in Missouri have undertaken steps to expedite the divorce process in Missouri, it is still a taxing ordeal. When there are minor, unemancipated children born of the parties/parents, a Court may be inclined to appoint a guardian ad litem to represent the child(ren)’s interests in the litigation. The appointment […]

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Difference Between Mediation and Arbitration

In more complex cases, there has been a growing trend to opt for mediation or arbitration either before litigation commences or immediately after it commences. As any seasoned litigation attorney can attest, the expense and cost of litigation can be enormous. Cases can take several years to complete at the trial level. If there is […]

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Attorney Fees: Can I Make the Other Side Pay Them?

Attorney fees is the elephant in the room litigants usually do not immediately consider before delving deeper and deeper into litigation. It is quite common that economic circumstances, and not necessary the merits of a given case, determine whether to file/settle/dismiss a case. Would you spend $5,000 in legal fees in order to obtain $100 […]

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Contract Defense Attorney: Frustration of Purpose, Impossibility

A breach of contract lawsuit is not always as easy as it seems. Despite the appearance of a “slam dunk” case, there are often times many defenses which are available to a defendant in a breach of contract action which can completely offset liability. Two such defenses are frustration of purpose and impossibility. Frustration occurs […]

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Criminal Defense Attorney: Confrontation Clause

One of the most important, fundamental rights enshrined by the Federal Constitution and the Missouri Constitution is the right of a defendant in a criminal proceeding to be confronted with the witnesses testifying against him/her (the “Confrontation Clause”). Specifically, the Sixth Amendment to the Federal Constitution provides in relevant part that In all criminal prosecutions, […]

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Legal Separation

Flowing from concerns regarding the finality of a dissolution of marriage proceeding, one of the more common questions posited by potential clients regards whether filing for legal separation, rather than divorce, is best. Quite obviously, the ultimate decision as to whether divorce is appropriate versus a legal separation is appropriate is up to the client […]

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