CONTESTED VS. UNCONTESTED DIVORCE

In Missouri there are two kinds of divorces, contested and uncontested. An “uncontested” divorce is where both spouses agree on all issues concerning the divorce, including but not limited to the division of marital property and debts.  If there are children involved, the parties also agree upon child custody, child support, and spousal support (“alimony”).

A “contested” divorce – is where the spouses cannot agree on their divorce issues, and they end up in court, asking a judge to make these decisions for them.

To schedule your free consultative appointment with one of our experienced attorneys about either of these types of divorces, call Boehmer Law at 636-896-4020.

Uncontested Divorce

An uncontested divorce essentially means that both spouses agree on all of their divorce-related issues. There are specific legal requirements that must be met before a divorcing couple can proceed with an uncontested divorce. You may consult with one of our St. Charles Divorce Attorneys at Boehmer Law to learn more about how to proceed with this type of divorce.  Our first consultation appointment is free.

Even though you have to meet certain requirements, an uncontested divorce is often much easier than a contested divorce because spouses can end their marriage without constant negotiations and court hearings. Thus, an uncontested divorce usually involves less stress and fewer legal fees.

However, divorcing spouses must be amicable and be able to work together toward jointly agreeable resolutions. They have to be willing to compromise in order to resolve all of their divorce issues. While working with your soon-to-be-ex to settle important financial and child-related issues may seem difficult, it’s one way to end the marriage without a full-scale court battle.  Even if you agree on all matters, it may be in your best interest for an attorney to review your documents or work with you in case one of the parties decides they no longer wish to be cooperative throughout the process.

Contested Divorce

A contested divorce is where one or both spouses do not agree (“contest”) on divorce related issues. Therefore, the divorce can take much longer to complete and typically involve more stress and increased legal fees. These types of divorces are most common when there are children involved or the parties have several marital assets and/or debts.

With a contested divorce, spouses may go through numerous steps before the divorce is finalized, including and not limited to:

• work with an attorney to gather all preliminary information needed for the divorce
• prepare, file and serve (deliver) the divorce petition (legal paperwork asking for the divorce and stating the grounds for the breakdown of the marriage)
• respond to the petition
• engage in “divorce discovery” – the information gathering process, which involves various legal procedures to get information from your spouse and third-party witnesses (e.g., written questions, subpoenas, and depositions)
• pre-trial legal motions and hearings
• settlement proposals and negotiations between each parties lawyer
• if settlement and all negotiations never meet agreement, prepare for trial
• have a court trial
• appeal, if you dispute the trial judge’s decision(s).

 

During a trial, either or both spouses may present witnesses, and their lawyers cross-examine the witnesses and present closing arguments. After trial is over, the court will issue a final order memorializing all of the judge’s decisions, and finalize the divorce.

Divorce—especially ones that are contested—can be long, stressful and complex.   If you are facing a contested divorce it is recommend that you speak with an experienced Missouri divorce lawyer who can inform them of their legal rights and ensure they are fully protected.

To schedule your free consultative appointment with one of our experienced attorneys before it is too late so we can get working for you.  Call Boehmer Law at 636-896-4020.

The choice of an attorney is an important one and should not be based solely on advertising.  The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

 

AIOCLA 10 Best Attorneys: Eric L. Boehmer

PRESS RELEASE:
Eric Boehmer Has Been Nominated and Accepted as a Two Years AIOCLA’S
10 Best in Missouri For Client Satisfaction
The American Institute of Criminal Law Attorneys has recognized the exceptional performance of Missouri’s Criminal Law Attorney Eric Boehmer as Two Years 10 Best Criminal Law Attorneys for Client Satisfaction.
The American Institute of Criminal Law Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 Criminal Law attorneys in each state. Attorneys who are selected to the “10 Best” list must pass AIOCLA’s rigorous selection process, which is based on client and/or peer
nominations, thorough research, and AIOCLA’s independent evaluation.

AIOCLA’s annual list was created to be used as a resource for clients during the attorney selection process.  One of the most significant aspects of the selection process involves attorneys’ relationships and reputation among his or her clients. As clients should be an attorney’s top priority, AIOCLA places the utmost emphasis on selecting lawyers who have achieved significant success in the field of Criminal Law without sacrificing the service and support they provide. Selection criteria therefore focus on attorneys
who demonstrate the highest standards of Client Satisfaction.
We congratulate Eric Boehmer on this achievement and we are honored to have him as a Two Years AIOCLA Member. You can contact Eric Boehmer directly at 636-896-4020 or www.boehmerlaw.com.

Boehmer Law Welcomes Keith Freie

Boehmer Law is pleased to announce that former Assistant Prosecuting Attorney for Montgomery County, Missouri and Gasconade County, Missouri Keith P. Freie is joining our firm.   Keith will be handling Missouri Divorce, Family Law, Wills and Estates and other legal needs.  You may call our office for a free consultation appointment with Keith at 636-896-4020.

 

Keith P. Freie is a Montgomery County, MO native.  Keith was raised on a rural Missouri farm where he operated a grain and livestock operation.  Keith graduated from Wellsville-Middletown where he attended Future Farmers of America (FFA) and Future Business Leaders of America (FBLA).  Keith attended William Woods University where he earned a Bachelor of Art in political/ legal studies and computer information science.

After graduating William Woods University, Keith attended the University of Missouri School of Law.  Keith graduated in the top twenty-five percent (25%) of his graduating class.  While in law school, Keith worked for the Missouri Department of Public Safety, Callaway County Prosecuting Attorney’s Office and a private law firm.

Immediately following graduation, Keith opened his own solo law firm where he represented clients in family and divorce law, mediation services, criminal law, wills and trusts, probate, real estate transactions and disputes, and general civil law.  Keith served as Assistant Prosecuting Attorney for Montgomery and Gasconade Counties.  Keith has also served as Counsel for the Montgomery County Juvenile Office.

Keith resides in Montgomery County and enjoys traveling, demolition derbies and the outdoors.  In his free time, Keith helps out at a local gym where he is a certified personal trainer.

 

 

Divorce from a Child’s Perspective

Divorce is a scary, confusing time in a child’s life—no matter what the age.  While it may not always come as a surprise, it can still alter a child’s world of what they believed to be true and good.  Imagine being a child and then believing the people you love most in the world now ‘hate’ each other.  Now add the feeling of having no control over what your own life and the uncertainty of what the future holds.

At Boehmer Law, we know what it can be like for children when their parents are going through a combative divorce.  It is key to remember that children examine what you say, and they can feel your struggles as well.  In the middle of having your family breaking up, it is easy to get caught up in your own life and not be aware of what is happening to your kids.   Some kids act out, some kids shut down.  Everyone reacts to the stress of this time differently.  Watch for dramatic behavior swings or mood changes—these are big clues on what is going on in your child’s mind.  Open the lines of communication in a ‘consequence free’ tone so your kids can talk to you about their hurt, anger, fears or whatever else is on their mind.

If you find yourself lashing out at your ex-spouse, be aware of your surroundings and be careful around your children. As we have suggested before, seeking the advice of a good family therapist is almost always beneficial. Remembering the impact of your emotions on your children may allow you to choose the time to break down, and to keep the adult issues between the adults.  Kids never need to be the go-between parents as this puts them in the awkward position of potential misdirected anger being pointed in their direction.

If you need help with a divorce of family law matter please contact Boehmer Law LLC by calling 636-896-4020 for a free consultation visit.  See how our St. Charles, MO divorce lawyers and Missouri family law attorneys can help you.

What Does THAT Mean?

At Boehmer Law LLC ,we understand that when you or a loved one is going through a divorce or family law issue, it can be a stressful time. Sometimes it may feel a bit confusing with all the terms and phrases that can be used. With words like “GAL”, “modification”, “petition”, “motion,” or “Form 14” being thrown around, it can be confusing, and maybe a little intimidating. Just in case you do not already know, here is some information that may help you out.

GAL: (Guardian ad Litem) In some Missouri family court cases, it is necessary for the Court to appoint a guardian ad litem. A GAL is usually an attorney and can be appointed in divorce, paternity and custody modification cases to represent the best interests of the children involved in the domestic matter.
Petitioner: The person who files the divorce or modification petition.
Respondent: The person on the receiving end of the divorce or modification petition.
Answer: The response filed by the respondent to the petition. Much of what is in the petition is not controversial (names, addresses, etc.), so those allegations will be admitted. If the respondent doesn’t agree with any allegation, then that allegation is denied.
Petition: The document that gets the legal process started. The petition sets out certain basic facts—where you live, the date you got married, if you have kids (or not), if you work outside the home, etc.—and then states that the marriage is “irretrievably broken.” Those last two words are required. Each factual declaration in the petition is referred to as an “allegation.”
Motion: Any request made to the court after a petition is filed.
PDL Motion: (Pendente Lite), essentially means while the divorce is pending. A PDL motion is a request for the court to enter orders that are in affect while the case is pending. The PDL motion can address issues such as parenting (child custody), child support, maintenance, attorneys’ fees, and/or protective orders (to protect assets or individuals). If the court grants any of these requests, the result can be referred to as a “PDL judgment” or “PDL order.”
Hearing: A proceeding before a judge. Sometimes these are “testimonial” hearings, in which evidence and testimony are presented. In other cases they are “non-testimony” motions, when lawyers argue issues before a judge but no witnesses appear. Judges issue orders following these hearings.
Form 14: Missouri’s mechanism for determining the amount of child support to be paid is a chart with calculations imbedded within it. It is based upon several factors, including both parties’ incomes, the cost of medical insurance, and the parenting schedule.
These are just a few of the terms that divorce lawyers use frequently. If your lawyer uses any words that you don’t understand, do not be afraid to ask what they mean and how they affect your case.
Please contact the St. Charles, Missouri divorce lawyers and Missouri family law attorneys of Boehmer Law LLC with your divorce and family law questions. Your first consultation visit is free so call 636-896-4020 to set an appointment.

Announcing A New Attorney at Boehmer Law

 

Boehmer Law is pleased to announce the addition of a new attorney, Mr.  Jason Cordes to our attorney staff.

Mr. Jason Cordes is a recent addition to the Boehmer Law Firm. Mr. Cordes has been practicing criminal, family and civil law areas for over 13 years. Prior to joining Boehmer Law, he worked hard defending clients charged with Missouri DWI/DUI, drug possession, and other criminal matters. Mr. Cordes also worked in a general practice firm working on civil matters, wills and estate planning, and family law. During that time, Mr. Cordes had a diverse practice that included arguing appeals and working as a municipal prosecutor.

Mr. Cordes obtained his law degree from the University of Missouri-Columbia, and holds an undergraduate degree from the University of Central Missouri.

Mr. Cordes enjoys spending much of his spare time with his fiancée Rose. He attends the Gateway Christian Church and is also an avid marksman and reader.

If you would like to schedule a free consultation for a legal matter please contact our office at 636-896-4020 today

Legal Seperation in Missouri

Sometimes, two married partners would rather file for legal separation rather than get divorced, especially if there is hope of a future reconciliation. What is the difference between a divorce and a legal separation? Missouri revised statutes set forth a procedure for legal separation as an alternative to divorce. When legal separation occurs in Missouri, the court does not actually end the marriage, but issues orders that are the same as those that would be issued in a divorce.

A legal separation case in Missouri is initiated when one spouse files a petition for the legal separation. The court enters a judgment of legal separation when it finds a reasonable likelihood that the marriage can be preserved and that the marriage is not irretrievably broken. The action also means that to the extent it has jurisdiction, the court has considered and made provision for the custody and the support of each child, the maintenance of either spouse and the disposition of property.

From the time of the filing, 30 days must elapse before the court grants a legal separation. A ruling grants the couple all of the legal protections associated with a divorce without actually ending the marriage. If a couple holds out hope of reconciliation, a legal separation can be an appropriate alternative. Because the couple remains married, the legal separation ruling needs only to be dismissed to permit a full reconciliation of the marriage.   Note that one of the spouses must live in Missouri for 90 days before filing.

Please keep in mind that a separation agreement is a legal binding contract signed by both spouses, which is meant to resolve debt, property(s), and child related issues. If this is the option you wish to explore, call to schedule a free consultation with one of the divorce and family law attorneys in St. Charles, MO at 636-896-4020. The experienced attorneys at Boehmer Law can help you come up with a plan of action that meets your needs.

Boehmer Law, LLC Welcomes Kevin D. Morris to The Firm

Boehmer Law is pleased to announce the addition of our newest attorney, Kevin D. Morris.

Kevin D. Morris is a St. Charles, MO native. Kevin graduated from Duchesne High School where he played football and basketball. After graduating Duchesne, Kevin attended Missouri State University where he earned a Bachelor of Science in Business and Entertainment Management. Kevin was on the Dean’s List for academic excellence and was a member of the Sigma Chi Fraternity. During his time at Missouri State, Kevin also completed an internship in sports marketing with Iron Mountain Sports.

After graduating Missouri State University, Kevin attended the University of Missouri-Columbia Law School. Kevin graduated in the top one-third of his class and was an active member of the Phi Delta Phi legal fraternity. During this time Kevin worked for the St. Louis Rams Public Relations Department and in their training camps. While in law school Kevin also worked as a law clerk and worked on political campaigns.

Kevin is a St. Charles, MO attorney and has been practicing Family and Divorce Law, Criminal Law, Personal Injury, Employment Law and Civil law in the St. Louis and St. Charles, Missouri area. Kevin’s case experience includes divorce, modifications, DUI/DWI, debt collection, employment law, civil litigation, business litigation, debt collection, and personal injury law. Recently, Kevin worked on a civil litigation case that resulted in a seven figure settlement for the client and contributed to workers compensation case which successfully resulted in a deceased client’s disability benefits in excess of six figures being transferred to the deceased’s son.

Kevin resides in St. Charles, MO and enjoys golf, fishing, traveling and cheering on his favorite Missouri teams like the Cardinals, the Blues and the Missouri Tigers.

Please feel free to contact Boehmer Law and speak with Kevin. Your initial consultation is free, so call 636-896-4020 now to make your appointment. Visit www.boehmerlaw.com for more information.

Are You Stuck in an Unhealthy Marriage Because of Finances?

There are many reasons why people may stay in a troubled marriage, one of the most common reasons is the feeling of being financially “stuck” due to the unknown economic consequences if the couple separates or get divorced. Historically, this is because one of the spouses relies upon the income/finances of the other spouse to provide for the family’s financial needs. Sometimes economic circumstances of the couple cause them to think that a divorce or legal separation will cause even more hardships. At Boehmer Law, we understand that feeling ‘stuck’ is hard for everyone involved and we want to help you.

In order to develop a plan that works best for your family, it is critical that information regarding a family’s financial picture be detailed and available to both parties so that informed decisions can be made. Included in this evaluation should be both the short-term and the long-term impacts of your decisions.  At Boehmer Law, your St. Charles divorce attorney can help you acquire this information and strategize a plan to help with your Missouri divorce.

Once this information is available, you may want to consult with a trusted financial adviser who is willing to work with your family law attorney in developing strategies that works best for your family’s situation. If you do not have a financial adviser—we work with advisers that can help you.

If you are considering filing for divorce or legal separation please contact Boehmer Law today at 636-896-4020 for a free consultation to discuss your specific situation with one of our expert family lawyers and divorce lawyers and let us get working for you.

Julia O’Connor Joins the Boehmer Law Family Law and Divorce Legal Team

Boehmer Law is pleased to announce the addition of Julia O’Connor to our Family and Divorce Law Legal Team.

A native of St. Charles, MO, Julia O’Connor graduated from St. Dominic High School. Julia then attended Truman State University, where she earned her BS degree in Justice Systems, with minors in Political Science and Psychology. While attending Truman, Julia was a member of a national Criminal Justice social fraternity. Julia earned her Juris Doctorate at Arizona Summit Law School in Phoenix, Arizona.

While in law school, she was one of the charter members of Delta Theta Phi – Mary Ann Richey Chapter. She was also a member of the Student Bar Association throughout her time in law school and headed up a number of various committees for the organization. Julia also earned a CALI award for excellence during law school.

Coming from a family with a heavy law enforcement background, Julia has always been a strong supporter for Backstoppers – an organization focused on assisting the families of first responders killed in the line of duty. She also volunteers for Youth in Need – Head Start. In May of this year, she was appointed as a member of the Board of Directors for Beautyful Waves – a non-profit organization which aims to partner with the community to assist young girls aging out of the foster care system and/or girls who do not have a consistent support system in their lives; and she will be heading up its forthcoming mentorship program.

Julia now resides in St. Charles, Missouri and is a member of the Missouri Bar, the Arizona Bar, and is a licensed Guardian Ad Litem.

Please contact Boehmer Law today if you would like to speak with Julia about any of your Family Law or Divorce needs.  Your consultation visit is free so please call 633-896-4020 to make your appointment or visit www.boehmerlaw.com for more information.

The choice of an attorney is an important one and should not be based solely on advertisements.