We Help Resolve Life’s Challenges
If you are looking for a knowledgeable, compassionate, and determined law firm to help you through a divorce or any other family law case, please contact The Shah Law Firm today. Please feel free to explore our website to learn more about our firm and the divorce process. When you’re ready, contact us to schedule a consultation. We are here to help you.
Missouri / Illinois Divorce Law
The Shah Law Firm understands divorce can be one of life’s most challenging experiences.
While you may have a friend or family member who has gone through a divorce, it is often difficult to understand the ins-and-outs of divorce law without an experienced advocate on your side to help you through this process. It is always important to discuss your situation with a dedicated divorce attorney who has experience advocating for your rights.
You can file for a legal separation which is known as “separate maintenance” in the state of Missouri. Separate maintenance is a legal alternative to divorce.
The benefits of a separate maintenance is that you can get the same orders and protections (i.e., child custody) that you could get in a divorce without actually dissolving the marriage if reconciliation is possible or the parties receive some other kind of benefit (i.e. one party remains on the other party’s health insurance). However, it is also important to understand that their might be some consequences as well (i.e., one party may also be held responsible for the other party’s debt).
The petition for separate maintenance is similar to the petition for dissolution. A separate maintenance petition requires that the parties be separated for at least 30 days in order for it to go into effect.
If the parties reconcile, they can get the legal separation order dismissed. If the parties feel as though the marriage should be dissolved, they can file a motion for the separate maintenance to be turned into a divorce.
There are pros and cons to obtaining a legal separation. Contact The Shah Law Firm today to see if this is the right option for you.
Alternative Dispute Resolution (ADR) is the procedure for settling disputes without litigation, such as arbitration, mediation, or negotiation. ADR procedures are usually less costly and more expeditious. Couples going through a separation or a divorce often opt to go through ADR when there are children involved in order to make the process less contentious. The benefit of ADR is that it gives each side to explain their position.
In the county that you live in or the county your spouse lives in.
Family Law Courts.
No. You still have rights when to comes to child custody, child support, spousal support etc. However, if you are in the United States illegally, you may face the risk of deportation.
Child Custody & Visitation Laws for Missouri & Illinois
The Shah Law Firm can assistance in creating, modifying or enforcing custodial arrangements and visitations
Child custody issues are frequently one of the most contentious aspects of the divorce process. In some cases, the parties are able to resolve custody amicably amongst themselves. However, many couples require the Court’s involvement in order to determine their custodial situation. Our firm has years of experience focusing and advocating for your rights. We are ready and available today to support you in this process.
Missouri Revised Statutes 452.375 governs child custody.
A person can file for child custody when they are filing for a divorce or in other circumstances where the issue of child custody arises. (The forms can be accessed at the following link: https://www.courts.mo.gov/page.jsp?id=103116).
A custody agreement/parenting plan is a document that helps parties who are no longer living together to determine what their custody/visitation schedule will be with regards to the minor children and also outline their decision making rights and responsibilities.
Custody orders can be temporary or long term. Courts frequently enter temporary orders while the divorce litigation is still pending. Temporary orders can address a a number of issues, including but not limited to: child custody, child support, maintenance, payment of debts and/or attorneys fees.
According to RSMo. § 452.375.1(2): “Joint legal custody” means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority;”
According to RSMo. § 452.375.1(3): “Joint physical custody” means an order awarding each of the parents significant, but not necessarily equal, periods of time during which a child resides with or is under the care and supervision of each of the parents. Joint physical custody shall be shared by the parents in such a way as to assure the child of frequent, continuing and meaningful contact with both parents;”
The “Best Interest of the Child.”
Missouri Revised Statute 452.375(2) states as follows: The court shall determine custody in accordance with the best interests of the child. The court shall consider all relevant factors including:
(1) The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties;
(2) The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;
(3) The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests;
(4) Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;
(5) The child’s adjustment to the child’s home, school, and community;
(6) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved. If the court finds that a pattern of domestic violence has occurred, and, if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court shall enter written findings of fact and conclusions of law. Custody and visitation rights shall be ordered in a manner that best protects the child and any other child or children for whom the parent has custodial or visitation rights, and the parent or other family or household member who is the victim of domestic violence from any further harm;
(7) The intention of either parent to relocate the principal residence of the child; and
(8) The wishes of a child as to the child’s custodian.
Yes, but to a certain extent. Missouri Revised Statute 452.375(2)(1). The Courts don’t want “children driving the bus” when it comes to custody.
You can petition the court to modify the custody agreement.
Missouri / Illinois Guardianship Law
What is guardianship?
Guardianship (also referred to as conservatorship) is the legal process through which a Guardian is appointed to oversee another person’s affairs. Guardians are appointed when a person is incapacitated or not of sound mind and cannot make safe decisions for themselves or or communicate their wishes regarding important matters (i.e., property, health, financial).
Not necessarily. Custody focuses on the parent child relationship while guardianship focuses on protecting people who are either physically or mentally incapable of taking care of themselves.
Elderly Individuals
Incapacitated Individuals
People with Special Needs
Minors – this applies to children whose parents have died, are incapacitated or have abandoned them.
A person files their application for the appointment of Guardianship in the probate division of the circuit court in which the minor or the incapacitated person or disabled person resides in. The Court will set the matter for a hearing.
A person can appoint their own guardian when they are of sound mind and have made provisions in the event of their disability or incapacity.
A person can apply with the Court to be appointed as a Guardian.
Spousal Support / Alimony Lawyer in Missouri & Illinois
The Shah Law Firm is a strong legal advocate on your behalf, defending your rights.
At The Shah Law Firm, we understand how important spousal support can be in helping you establish your independence and move on with your life. With our experience in Missouri and Illinois divorce law, we can help guide you in getting the settlement amount you are entitled to.
In certain instances, the Court may order one party to pay spousal support (otherwise known as “alimony” or maintenance”) if a party can demonstrate that they are unable to support themselves, cannot find employment sufficient to support themselves or present some other kind of compelling reason.
Unlike many other states, the state of Missouri has not incorporated a formula within its statutes to determine the amount and duration of spousal support. Nonetheless, the Revised Missouri Statutes Section 452.335 provides the criteria that the Court considers when determining the amount and duration of spousal support.
Temporary spousal support can be granted at the discretion of the Court.
An order for spousal support can be modifiable or non-modifiable. See Missouri Revised Statute – 452.335(3).
Missouri / Illinois Child Support Attorney
Contact The Shah Law Firm today for assistance in applying for, modifying or enforcing child support.
A parent is obligated to provide financial support for their children until the age of 18 although in some situations that obligation may last longer. A child support order is awarded after a separation or a divorce. The purpose of child support is to help parties who share a child to cover the costs of raising the child. The parent who receives child support payments is the parent who has more custodial time with the children. The parent with less custodial time with the children is the one that usually pays child support. At The Shah Law Firm, we help clients achieve fair child support arrangements that meet the needs of children and parents.
Domestic Violence Lawyer in Missouri & Illinois
We are a professional and caring Domestic Violence Law Firm.
It is important to remember that Domestic Violence is a Phenomenon that knows no boundaries: race, ethnicity, status or education. Domestic Violence is the most prevalent criminal issue within the context of family law. An Order of Protection may be necessary in order to protect yourself or a family member against abuse.
For those suffering domestic abuse, it can be difficult to know where to turn for help. At The Shah Law Firm, we provide the caring, compassionate service you need going through these types of situations, while using our legal knowledge and experience to bring perpetrators to justice.
Pursuant to the Missouri Domestic Violence Act, chapter 455, RSMo, a person may seek an order of protection from acts, attempts or threats to him or her from a family or household member or intimate partner; or from acts of stalking or sexual assault. The petitioner must be 17 years of age or older or must otherwise be emancipated (‘on your own,’ such as married or a member of the military).
In order to qualify for an order of protection, the petitioner must be a family member, household member or intimate partner living with or without the respondent, or an adult who has been the victim of stalking or sexual assault. A “family or household member” is defined as husband/wife, former husband/wife, adults related by blood or marriage, adults who are presently living together or have lived together in the past, adults who are or have been in a continuing social relationship of a romantic or intimate nature, and adults who have a child or children together regardless of whether they have been married or have lived together at any time.
Violation of an official protective order is charged as a Class A misdemeanor, unless the offender was convicted of the same offense in the past five years (charged as a Class D felony and punishable by a prison term).
Missouri / Illinois Expungement & Sealing Attorney
The Shah Law Firm professionally handles expungements of all kinds.
The Shah Law Firm, LLC handles expungements of criminal, civil and municipal infractions. Within the context of family law, you can have a previous conviction of non-payment child support expunged from your record.
Expungement (sometimes also referred to as “expunction”) refers to the legal process by which a civil or criminal conviction or arrest is removed from their record. The goal of expungement is to restore a person “to the status he or she occupied prior to the arrest or conviction or infraction.” Note: not all criminal infractions are removable from a person’s record, i.e. murder.
- You will not be required to disclose an arrest/conviction/expungement to anyone, including employers.
- You will be able to answer “no” to a question about whether or not you have ever been arrested/convicted for any offense that was expunged (subject to certain exceptions).
Guardian Ad Litem (GAL) Attorney serving Missouri and Illinois
Dedicated to serving children’s best interests as a court-appointed representative.
In a contested child custody dispute, the court may appoint an attorney to serve as guardian ad litem (GAL) or child representative to act as the “voice” of the child to ensure that the child’s interests are represented and considered when decisions are being made that affect the child. The opinions and recommendations of the GAL can be very persuasive to the court and can substantially affect a case to obtain custody or modify an existing parenting time order.
A Guardian Ad Litem (GAL) is a person, usually an attorney, that is appointed by the Court to represent “the best interest of a child” in a domestic relations proceeding. A GAL is an objective party that doesn’t have a stake in the outcome of the proceeding.
GAL’s are usually appointed in a highly contentious custody disputes. The unfortunate reality is that children frequently become pawns in their parents’/caregivers’ disputes with each other or one party will attempt to alienate the child from the other party. A GAL is appointed by the Court as a neutral party to assess the situation and determine what is in the best interests of the child(ren).
A GAL’s role in a particular proceeding is defined by the Court’s Order. In some instances, the Court issues a very broad order and in other instances the GAL’s role is more specific (i.e., determine if allegations that one party has a substance abuse problem are legitimate or allegations that a child has been alienated from one party by another party are credible).
Generally, the Court will request that the GAL submit a report of their findings. In order to prepare the report and carry out their duties, GAL’s often conduct home visits and individually speak to all necessary parties (children, parents, caregivers or teachers).
In the event that a case proceeds to a hearing/trial, a GAL may participate in the Court proceeding. The GAL can cross examine and subpoena witnesses. Additionally, a GAL may be asked to testify in the Court proceeding and may be subject to cross examination.
GAL’s are frequently attorneys. However, sometimes mental health professionals may also serve as GAL. Regardless of a person’s professional background, most states require people who wish to serve as GAL’s to undergo a mandatory GAL training.
In certain instances, a GAL is unable to properly carry out their duties or they demonstrate that they are unable to be objective in a particular situation. In these instances, a complaint can be made to the presiding Judge.
Additionally, Section 475.097 of the Revised Missouri Statues deals with GAL’s and their potential removal or conflict of interest.
