In an uncontested divorce, the spouses agree on the issues raised from the divorce, in which the court officials will typically process the divorce in ways which do not require the parties to go to court.
A contested divorce is one in which the divorcing couple cannot agree on issues such as child support, custody, maintenance, distribution of debts and assets, etc. In a contested divorce, the couple must ultimately take these issues to court to be decided.
In a Mediated Dissolution, the parties meet with a neutral third party, the mediator, and with their help, work through all issues needed to come to an agreement. Typically, Mediated Dissolutions are the most cost effective.
In Missouri, either of the biological parents can file a petition to establish paternity within state court or with the Missouri Family Support Division. Once this has been established, custody and support can be determined.
Child Support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other similar relationship. In Missouri, the Courts will use Form 14 to determine the Child Support amount.
Juvenile Law is the area of law that deals with the actions and well-being of persons who are not yet adults. This includes delinquency matters and neglect and abuse cases wherein the child may be placed in Foster Care.
In a legal context, the term "modification" generally refers to the act of changing, altering, or amending something that is already established. In Missouri, the movant must show a substantial and continual change in circumstances of the minor child or the parties.
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. A parenting plan is established to determine the party to have Legal and Physical custody of the minor children.
A Legal Separation in Missouri is similar to a Dissolution. To initiate the legal separation process, one spouse must be a resident in the county for at least 90 days. This spouse must file a petition for “Separate Maintenance” at their county circuit court and then serve the papers to the other party.
In Missouri, a court may hold someone in Contempt of Court for "willful disobedience of any process or order lawfully issues or made by it." Penalties for Contempt may include a fine or imprisonment until the party is able to purge themselves of the Contempt.
Name change is the legal act by a person of adopting a name different from their current name. In Missouri, a Petition for Name Change may be filed by the person requesting the change or their legal guardian.
Commonly referred to as a "Restraining Order," an Order of Protection to retrain a person from abusing, stalking, sexually assaulting or harassing another person. Orders of Protection may be granted for an individual and/or their children.
In Missouri, a guardianship can only be appointed by Court Order. The movant must show that the parent of the minor child is unwilling, unable or unfit to care for the minor child.
Adoption in Missouri is the process that involves the transfer of legal and physical custody of a minor child to another. Adoption terminates the biological parents' parental rights to the child.
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