High Quality      Full Service Legal      Professionals

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Rains and Spiegel, LLC 1600 NE Coronado, Ste 337 Blue Springs, MO 64014

Phone: Fax:

816-229-2132 816-229-0489

Divorce

Dissolution of Marriage (what Missouri calls divorce) is a complex legal action which affects every aspect of your family - child custody and support, division of the property you have acquired during the marriage, and can include a provision for grandparent visitation rights.

Child Custody

In Missouri, custody is normally joint legal and physical with one parent's address used for educational and mailing purposes. This leaves a great deal of leeway for the parents to create a custodial arrangement which is in the best interests of their child. Of course, regrettably, parents cannot always agree on what is best for the child, and the Courts have to make the decision. When this happens, all things are considered from work schedules to instances of abuse or neglect. It is absolutely necessary for you to have competent legal representation when child custody is involved. Remember, an attorney can only represent one parent. Don't make the mistake of thinking your spouse's attorney is on your side.

Child Support

Child support is calculated using a statewide formula which takes into consideration the gross income of each parent, child care expenses, health insurance expenses, and other ongoing, necessary expenses that the child may have. Although this calculation is most often followed, there are circumstances under which it can be modified. Our office can help you determine what child support may be in your individual case.

Property Division

Whether you have minor children, your children are grown, or you and your spouse do not have children, even if you've been married for a short period of time, the proper documents must be prepared to divide your property and/or protect any property that is non-marital (not acquired during the marriage or inherited during the marriage and kept separately). Rule of thumb is marital property is to be divided up 50/50. There are, however, special circumstances where we can modify – either by agreement of the parties or by Court Order. RAINS & SPIEGEL, LLC can advise you, during your first consultation, what your best course of action may be to protect your assets.

Paternity

If you are the mother or the father of a child and you were never married to that child's other parent; you need a Court order to establish your rights as a parent. Just because dad's name is on the birth certificate does not legally establish his rights or responsibilities as a parent. For your own protection and that of your child, be you the child's mother or father, it is absolutely necessary for that child's custody and support to be established. Even though you may be living together, a paternity order will protect the child should one of you die. If you are the unmarried parent of a child, call our office, set up your appointment, protect your child.
Another fact to be aware of: DCSE (the Department of Child Support Enforcement) only procures an order for child support. A DCSE order does not establish custody. If you have a DCSE order for child support, which means that there is no custody order. Neither parent can claim to have custody of the child. Again, call us so that we can help you with your custody order.

Adult Abuse and Child Protection (ex-parte order)

IF YOU ARE THE PETITIONER:

Missouri law provides a safety net for victims of abuse. If you are the subject of abuse, stalking, or credible threats against your safety or the safety of your child, you may be granted an ex-parte order of protection. Once you are granted an order of protection, a court date is set. The person who is accused of the abuse is served with the paperwork and is allowed to come to court on the court date and defend against the accusations. The order you receive is just that, an order, a piece of paper. If you are truly afraid of the person, go to a place of safety such as Hope House or the home of a relative. If the abuser is coming across your front yard, go out the back door. Call the police from the neighbors'.