Turken & Porzenski, L.L.C.St. Charles Family Lawyer | St. Peters Divorce Attorney | O'Fallon Child Support, Paternity2024-03-10T00:53:37Zhttps://www.stcharleslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1400651/2019/10/cropped-favicon-32x32.pngOn Behalf of Turken & Porzenski, L.L.C.https://www.stcharleslaw.com/?p=476202024-03-10T00:53:37Z2024-03-10T00:53:37ZThe courts can order genetic testing
There are free and relatively simple genetic tests available through state services when parents cooperate to establish paternity for a child. If the adults in the family do not cooperate, then the father may feel uncertain about his rights.
Many men give up some of their parental rights because they assume that the state favors the mother or that they cannot prove their relationship to the child without her support. Even in scenarios where a woman refuses to acknowledge a man's relationship with a child, the putative father can take the matter to family court and request paternity testing.
The courts can order the mother to present the child for testing, and failing to do so might lead to legal consequences. Genetic testing is neither invasive nor traumatizing. It is also relatively accurate and reliable. If the test does affirm a man's claim of parentage, he can ask to revise the birth certificate to include his name and can ask for shared custody rights.
A man who wants to play an active role in the lives of his child may need to learn more about Missouri rules on custody and paternity. As such, seeking to formally establish paternity is generally the first legal step toward playing an active role as a father.]]>On Behalf of Turken & Porzenski, L.L.C.https://www.stcharleslaw.com/?p=476182024-02-10T21:26:12Z2024-02-10T21:26:12ZSome claims may constitute defamation
An individual reeling from the sudden discovery that their spouse has cheated on them or shocked by the arrival of a process server at their place of employment may post online about what happened. They may seek some emotional relief by making accusations about their spouse or blaming them for the downfall of the marriage.
Sometimes what people say on social media in the heat of the moment could constitute defamation. If someone does not have evidence of misconduct, accusing the spouse of abuse or infidelity could potentially lead to defamation claims later. Such claims could affect everything from property division to custody.
Online activity could build a spouse's case
Certain people preparing for divorce don't post about the divorce at all. Instead, they may try to focus on their attempts to rebuild their lives after their initial separation. Content affirming that someone has begun a relationship before the courts finalize their divorce or discussing little financial victories, like getting a promotion at work, could ultimately end up affecting the outcome of their divorce proceedings.
Some people use the social media activity of a spouse to prove their claims of misconduct that they believe could influence the terms the courts set in the divorce. Other people may try to track down affair partners and hidden assets using what people share on social media.
Even if someone joins private groups or only communicates with a few people via personal messages on social media, any online activity could be subject to the discovery process during a divorce. Additionally, people never know who might screenshot and share their online content with their spouse or others.
The safest approach to social media during a divorce or any other legal matter is to avoid social media activity, especially in relation to the divorce itself. Understanding that social media use could lead to negative divorce outcomes may help people control the impulse to overshare their struggles online.]]>On Behalf of Turken & Porzenski, L.L.C.https://www.stcharleslaw.com/?p=476162024-02-07T12:09:22Z2024-02-07T12:09:22ZNot everyone can manage sole homeownership
There are many reasons why one spouse may need to acknowledge that remaining in the marital home is not the best decision. Perhaps they simply do not earn enough money to refinance the property with just their income. Even if they could afford the current mortgage, they may have to account for the need to withdraw home equity.
Under the equitable distribution rules that apply during Missouri divorces, both spouses have an interest in the home even if only one of them continues living there. The need to compensate a spouse by withdrawing equity from the property could significantly increase what the monthly mortgage payments might be.
Additionally, people need to think about the practical needs of maintaining a home. They either need to perform all of the cleaning and repairs on their own or have the resources to hire professionals for that work. Finally, the memories attached to the property could be a challenge after someone divorces. Particularly when someone does not have any minor children inspiring their desire to stay in the marital home, moving out can help give someone a clean break and leave the memories of their disappointing marriage in the past.
Instead of fighting with a spouse intensely to retain possession of a home that might hold someone back, it is sometimes better to let go of that home and begin thinking instead about what resources someone can use to construct a brighter future. For some individuals, taking a practical approach to major assets during a Missouri divorce can help someone avoid unnecessary conflicts and secure a more favorable outcome.]]>On Behalf of Turken & Porzenski, L.L.C.https://www.stcharleslaw.com/?p=476142024-01-29T13:57:19Z2024-01-29T13:57:19ZThe timing of deposits is what matters the most
Simply maintaining separate financial accounts does not keep the resources of spouses separate during marriage. There is a presumption that any assets acquired by either spouse and any income earned during the marriage belong to both spouses. Therefore, a retirement account, savings account, checking account or investment fund held by only one spouse may still be at least partially at risk of division during a divorce.
A review of what deposits occurred during the marriage can give someone a better idea of how much of the account is their separate property and how much is marital property that they may have to divide with their spouse. Even those who start a new account as they prepare for divorce typically need to disclose that account and the value of its contents during the divorce process.
Similar rules apply to debts. Cash advances, credit cards and even student loans in the name of one spouse can still be part of the marital estate for the purpose of property division. The awareness of each spouse of those financial obligations and the intent behind acquiring them, as well as the date when someone took on the debt, can all influence whether or not an account is part of the marital estate.
In some cases, spouses who do not fully disclose their holdings to each other and the courts could be at risk of penalties for hiding assets during the discovery process. For this reason and a host of others, understanding when financial resources are separate property and when they are marital property may benefit those preparing for an upcoming Missouri divorce.]]>On Behalf of Turken & Porzenski, L.L.C.https://www.stcharleslaw.com/?p=476122024-01-10T03:10:04Z2024-01-10T03:10:04ZThe sudden loss of joint accounts
It is standard practice in many cases to freeze or close joint credit cards as soon as one spouse files for divorce. Doing so can cause financial challenges, especially if the spouses do not have separate accounts in their own names. Someone suddenly left without a line of credit they have a hard time covering their cost of living expenses at a time when those costs suddenly increase with little advance warning.
The division of the debt
Many households carry thousands of dollars in credit card debt from month to month. Figuring out how to divide that debt can be as challenging as splitting up valuable property. Some people may worry that they do not have the income to manage the high minimum monthly payments on their credit cards. Others may worry that their spouses could default on credit card obligations after the divorce, causing direct harm to their finances. The best solution for dividing credit card debt depends on the details of the marital situation.
The need to split credit card rewards
Many of the best credit cards have rewards programs that give people cash back, gift cards and free plane tickets. Many people accrue those rewards for multiple years before redeeming them. Those rewards could be worth hundreds of dollars in some cases or even more, and they may create another sticking point between the spouses as they negotiate property division in their divorce.
Understanding how credit cards can impact divorce proceedings may help people better prepare for negotiations with their spouses.]]>On Behalf of Turken & Porzenski, L.L.C.https://www.stcharleslaw.com/?p=476102023-12-14T14:30:16Z2023-12-14T14:30:16Zan order of protection. Such orders limit the interactions that the person seeking the order can have with a person they claim has abused or stalked them.
Both those hoping to obtain an order of protection and those concerned about being subject to one need to learn more about the law. The person seeking the order of protection is the petitioner, while the person accused of misconduct is the respondent. Usually, petitioners have lived with or have a romantic relationship with the respondent. People can also seek an order of protection against a member of their family or a roommate.
What are the two types of orders?
When someone feels immediate fear for their safety, they can obtain a temporary order of protection. The courts call these ex parte orders of protection. So long as the judge agrees that there is an immediate risk of domestic violence or stalking, they can issue an order of protection the same day that someone files.
An ex parte order only has legal authority for 15 days. The petitioner can ask for a full order of protection during those 15 days for longer-lasting protection. A full order of protection usually retains its authority for somewhere between 180 days and a year. Cases involving minor children can lead to longer-lasting orders. The petitioner can potentially renew the order when it expires.
Can a respondent defend themselves?
The respondent typically has no authority in an ex parte order scenario. The process occurs so quickly that they likely do not receive notification until after the courts grant the order. However, respondents can defend themselves in a hearing for a full order of protection. They can provide their own evidence to the courts in an attempt to convince a judge that an order of protection is not necessary.
What does an order of protection do?
An order of protection includes specific restrictions on the respondent's behavior. Typically, they are not able to directly communicate with the petitioner. They cannot call them, send them letters or attempt to communicate with them online.
Orders of protection also typically prevent the respondent from showing up at someone's home or place of work. They would need to leave any location where they encounter the petitioner. If someone intentionally violates an order of protection, the petitioner can call the police for enforcement. The police can arrest a respondent who violates an order of protection. That violation could potentially lead to an assortment of penalties.
Understanding the basics of Missouri orders of protection may help those seeking protection from abuse or stalking and those fighting unfounded accusations of misconduct.]]>On Behalf of Turken & Porzenski, L.L.C.https://www.stcharleslaw.com/?p=476082023-12-08T14:09:23Z2023-12-08T14:09:23ZForensic accountants
Those in high-asset marriages often worry about their ability to locate marital property and request an appropriate share of the marital estate. Especially when the other spouse manages the finances, the possibility of both dissipation and hidden assets can be a real concern. A forensic accountant can locate hidden assets and make sense of complex financial records. Someone divorcing because of infidelity might also want a forensic accountant's help, as they may be able to identify expenses related to the affair that could constitute dissipation and influence other property division matters.
Financial advisors
Divorce inevitably has a powerful impact on people's financial stability. People may need to revise their retirement plans and rework their investment strategies. A financial advisor to make it easier for someone to overcome the monetary impact that divorce may have. With the right guidance, people can recoup their losses and have a clear plan for future financial stability at the end of their divorce proceedings.
A divorce coach or therapist
While divorce can damage someone's finances, it can prove devastating to someone's mental health. Even when people believe that divorce is the right choice, they may struggle with grief, guilt and anger. Seeing a therapist may benefit those who find their struggles particularly challenging. A divorce coach can also help someone manage the various aspects of divorce proceedings while also providing a listening ear and guidance regarding the emotional complications of a divorce.
Individuals who take the time to connect with the right professional assistance often suffer fewer negative consequences than those who try to manage every aspect of the divorce without support. Recognizing the need for certain support services may help people make more practical choices as they prepare for divorce.]]>On Behalf of Turken & Porzenski, L.L.C.https://www.stcharleslaw.com/?p=475992023-10-31T14:56:23Z2023-10-31T14:56:23ZMissouri has a modified no-fault divorce statute
The unfortunate truth for those expecting justice related to marital misconduct when they go to family court is that a judge is unlikely to meet their expectations. Even those with credible evidence of an extramarital affair typically file no-fault divorces in which judges will not consider either spouse's marital misconduct when making major decisions.
Cheating does not influence how a judge divides property between the spouses in most cases. It will also typically have no bearing on the outcome of any custody matters that the couple needs to address. However, in some cases, adultery could influence how a judge handles alimony matters, as conduct during the marriage is one of the considerations the law allows them to factor into a decision.
Still, many people who cheat also spend quite a bit of money while doing so. They buy a second cell phone, take their affair partners out on dates and pay for hotel rooms during their lunch break from work. That spending may constitute the dissipation of marital resources. The courts can exclude debts related to adultery from the marital estate and can adjust the value of marital resources to reflect the money they spent while conducting their affair.
People who have a realistic understanding of how cheating may influence a divorce will usually spend less of their time and energy demanding unrealistic terms and can instead focus on building an effective divorce strategy that will help to facilitate a healthier, happier life moving forward. In this and so many other ways, seeking legal guidance to learn more about the rules that apply to divorces in Missouri may benefit those shocked by what they have learned about their spouses.]]>On Behalf of Turken & Porzenski, L.L.C.https://www.stcharleslaw.com/?p=475972023-10-26T01:14:46Z2023-10-26T01:14:46Zpresumed to be the biological father of a child but has not yet established or disproved legal paternity. This presumption can arise from various circumstances.
Legal rights and responsibilities
The role of a putative father in a child's life is closely tied to the legal rights and responsibilities associated with paternity. A putative father must legally establish paternity to claim parental rights and responsibilities. This typically involves DNA testing or signing a voluntary acknowledgment of paternity.
Once paternity is established, the putative father gains certain legal rights, often including parenting time and/or custody. The court considers the child's best interests when deciding custody and parenting time arrangements. Moreover, putative fathers may be required to support their children financially once paternity has been established. Child support obligations are typically based on the father's income and the child's needs.
The impact of a putative father on a child's life
A putative father can have a profound impact on a child's life. When the relationship is nurtured and maintained healthily, a child can benefit from having multiple supportive adults in their lives. A putative father can offer emotional support, helping the child develop a strong sense of self-worth and security.
Additionally, financial support from a putative father can contribute to a child's overall well-being, helping ensure they have access to necessary resources and opportunities. Essentially, a responsible and involved putative father can serve as a positive role model for a child, imparting important values and life lessons.
The role of a putative father in a child's life is often contingent upon the legal rights and responsibilities associated with paternity. As a result, seeking legal guidance to establish paternity sooner rather than later is usually advisable.]]>On Behalf of Turken & Porzenski, L.L.C.https://www.stcharleslaw.com/?p=475952023-10-12T10:44:25Z2023-10-12T10:44:25ZMissouri state statutes. Unlike child support, spousal maintenance is not an inherent obligation that applies to virtually all cases. Judges have to consider family circumstances to determine if maintenance is appropriate in a litigated case, how much payments should be and how long they should last.
Family circumstances influence financial obligations
A judge reviewing one spouse's request for maintenance during and after a divorce will need to consider several important elements of the marriage. The length of the marriage is an important consideration. Longer-term marriages where one spouse has left the workforce are much more likely than shorter marriages to lead to a maintenance order.
Judges also look at the separate property and earning potential of each spouse. Whether someone has a job and whether they have the ability to work is an important consideration. The ability of the higher-earning spouse to pay is another influential factor. Additionally, they will look at medical issues. For example, if one spouse has a debilitating medical condition that will affect their ability to support themselves, that can absolutely influence what a judge believes would be appropriate for maintenance.
A judge can consider the health and needs of the children. If there is a dependent child with special needs who may require around-the-clock care or who may continue living at home indefinitely instead of becoming independent, those family factors can have a major influence on someone's likelihood of supporting themselves independently in the future. Finally, the costs of child care if one parent returns to work can also influence maintenance.
With so many variables in play, it can be very difficult to predict exactly how a judge will rule. Judges have discretion regarding both the length of maintenance payments and the amount that one spouse pays to the other. The only way to know with certainty what those financial obligations would be is to settle outside of court and pursue an uncontested divorce where the spouses have an agreed-upon maintenance arrangement.
Learning how Missouri handles spousal support or maintenance matters can help individuals to better understand what to expect from the divorce process and to plan their approaches accordingly.]]>