Legal Articles

Termination of Parental Rights

There are certain situations when the State of Missouri, usually through the Department of Family Services, can terminate an individual’s parental rights. Before discussion, though, it is important to note that the U.S. Supreme Court has noted that a component of the 14th Amendment’s Due Process Clause is that a parent has the fundamental, constitutional…

Missouri Name Change Law

In Missouri, a person may change his/her name by filing a petition in the appropriate circuit court. Once filed, the court will inquire to see if the petitioner is a child or an adult (i.e., over 18). Normally, for an adult petitioner, it must be shown that the name change is not detrimental to the…

Child Support Enforcement

The following is a great article I found online pertaining to how to enforce child support orders. It’s written about the law in Vermont, but the law in Missouri is very similar. I am not the author of this article. While it’s not comprehensive, it provides a good summary of how the system works (indeed,…

Division of Property in Divorces

How is property divided in a divorce in Missouri? One of the most exhausting aspects of a divorce is the division of property. Under Missouri divorce law, a court has the responsibility of determining the character of property owned by the parties. Property is either classified as “marital” or “nonmarital.” A Missouri court is not…

Guardian Ad Litems

A Guardian Ad Litem (“GAL”) is appointed in the court’s discretion to represent a child’s interests in divorce cases, custody/child support modifications, paternity actions, adoptions and other cases implicating the possible abuse/neglect of a child. The basic idea of the GAL is that a child (usually just those under 18) may be unable to vocalize…

Child Custody Modifications

Child Custody orders entered by a court after a divorce are rarely final. Indeed, if after a period of time one of the parents seeks a change in custody arrangements, he or she can do so by petitioning the court. In the Petition, the party must submit a proposed parenting plan for the child. This…

Divorce

Divorce is always trying, and even agonizing at times. In terms of legally effectuating a divorce, sometimes it is smooth and sometimes it is very difficult. Let me explain. For a couple to be divorced in Missouri, it must be shown that the marriage is “irretrievably broken.” Irretrievabe breakdown is easy to prove if both…

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