What Is the Difference Between Contested & Uncontested Divorce?

  • March 12, 2024
  • Kelvin Birk
  • Divorce

Divorce is one of the most stressful and life-changing experiences a couple can go through. There is much at stake, and emotions often run high, as both parties have to come to agreement about important issues such as division of their marital assets and debts, custody and support of their children, and spousal maintenance or alimony.

This is difficult enough when divorcing spouses think they are in agreement and the divorce is considered to be uncontested. If they cannot come to an agreement outside of court, the divorce can become a contested one, and may result in a stressful, lengthy and expensive divorce process. In general, it is better for all parties when a divorce is un [...]

How To Create a Living Will in Missouri

Imagine that you are dying and being forced to suffer painful and unnecessary medical procedures because you are unable to communicate and stop them from happening. While no one want to contemplate becoming incapacitated or dying, doing proper planning now, while you are of sound mind and able to make good decisions, can prevent major problems should something serious happen to you in the future.

One of the most important ways to prevent such problems is by making a living will, or advance health care directive, which ensures your wishes are honored in the event of serious illness or incapacity. In Missouri, creating a living will involves stating your medical treatment preferen [...]

The Process of Dissolving a Business: A Complete Guide

How to Shut Down a Business

Closing a business may not be as exciting as opening and running one, but when done properly, it may not be a negative experience, and it can lead to positive opportunities and new successes for you in the future. There are certain steps, paperwork, and procedures necessary for the process of dissolving a business. Depending on the size, structure, and complexity of your business, the process can take anywhere from weeks to years to be completed, and there are laws that must be observed to prevent problems and potential lawsuits from arising. The situation can be daunting at first, but an experienced Missouri business attorney can provide guidance a [...]

How to Protect Your Intellectual Property

When you come up with something creative – an idea, invention, logo or slogan, a unique way of doing things or process that you hope to turn into a profitable venture – the last thing you want is for someone else to come along, steal your idea, and develop or market it before you do. Fortunately, there are ways to protect intellectual property through legal methods such as patents, copyrights, and trademarks, which are intended to enable people to earn recognition or financial benefit from their creations and protect them from infringement by others.  An experienced intellectual property attorney can help by making sure everything is done properly to protect your ideas, as well as de [...]

Tips and Advice on Estate Planning for Blended Families

When couples get together and blend their families, that often includes children from previous marriages or relationships.  This can bring great joy, but it also can bring conflicts and complications due to the various relationships, obligations, and financial considerations involved. As long as everyone is well and gets along, things may go smoothly; but how do you make sure every member of the family is treated fairly and taken care of if one spouse dies and issues arise?

The answer is to make sure you do proper estate planning now, while your mind is clear and you are able to do so. Estate planning can be complicated even for simple families, but when remarriages and new rel [...]

How Do You Declare a Business Bankruptcy?

Whether due to declining sales, increased business competition, or difficult economic headwinds, unforeseen circumstances can leave business owners struggling with mounting and unmanageable debt. Creditors may be calling, and banks are pressuring you to repay loans. If this sounds like your situation, it may be time to declare a business bankruptcy. Rather than being a discouraging end to your business, bankruptcy can actually provide a fresh start for you and your family. Whether you dissolve the business altogether or simply restructure its debt, there are multiple bankruptcy options to explore, and an experienced Missouri bankruptcy lawyer can help guide and support you throughout the [...]

What is a Discretionary Trust?

Sometimes giving money or assets outright to a beneficiary – such as a child, a grandchild, or a special need loved one – is not ideal for distributing your wealth in an estate plan.

When setting up a trust, using a discretionary trust provides peace of mind because of the protections this type of trust provides to your loved ones who may not have the skills required to safeguard the assets you give to them.

So, what is a discretionary trust? A discretionary trust, also referred to as a discretionary support trust, is a type of trust set up for the benefit of one or more beneficiaries where the trustee has discretion over how to distribute the trust assets among th [...]

How Child Support is Calculated in Missouri?

For divorcing parents with children, how child support is calculated in Missouri is a major concern. The goal of the child support system is to allow the children to live according to the same standards they would have if the parents were still together, while ensuring that both parents provide a fair share according to their capabilities.  With this in mind, the courts consider many factors when calculating child support, through using the Child Support Amount Calculation Sheet, commonly known as Form 14, as well as by taking into account each family’s unique needs.

Navigating Form 14 can be complicated, and making mistakes can result in one party’s paying too much or rece [...]

How To Establish a Corporate Veil

The last thing a business owner wants is to wind up being personally sued in a lawsuit for problems that arise in the business. To protect yourself from personal liability, it is essential to set up a corporate veil. The corporate veil is the legal term used to describe the separation between the assets of a legal entity and the personal assets of shareholders, directors, and officers. The corporate veil provides liability protection for business owners by protecting their personal property from being used to satisfy judgments or business liabilities. 

However, some ways of setting up a corporate veil provide more protection than others, and the corporate structure you c [...]

How Long Do You Have to Sue After an Accident?

Thousands of people are involved in vehicle accidents every year in Missouri, and a crash can result in major property damage, devastating injuries, and even death. Survivors of serious accidents may be left dealing with long-term pain and suffering and mounting medical and household bills at a time they may be unable to work. 

Financial losses can easily exceed the limits of a car insurance policy, but an experienced car accident lawyer may be able to get you full compensation through a personal injury lawsuit. While no amount of money can make up for the trauma, pain, and suffering you are going through, a monetary award can relieve your financial burdens and enable you to fo [...]