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How Are Assets Divided in a Divorce in Missouri?

• June 23, 2023
• Kelvin Birk
• Divorce

Missouri is an equitable distribution state, which means that your assets, as well as your property and debts, will be divided in what the court considers a fair and equitable manner. This may not be equally, however, because there are many issues to consider when determining what is equitable. If you or a loved one is facing a divorce and worried about how your assets will be divided, an experienced family law attorney can help clarify the issues and fight for the best settlement possible.

How Are Assets Divided in a Divorce in Missouri?

Depending on your individual situation, there are many assets that may need to be valued and divided in a divorce, including:

How Often Do Car Accident Cases Go to Court?

• April 10, 2023
• Kelvin Birk
• Personal Injury

If you have recently been in a car accident, you know the serious injuries and financial hardships that can occur. Negligent drivers cause thousands of car accidents each year in Missouri. When you are hurt, you can file a personal injury lawsuit to seek compensation. To win compensation, you may be able to settle out of court with the responsible parties or you may have to go to court to prove your case.

So the important question is: How often do car accident cases go to court? The answer may be less than you think. Each case is different, but many may be settled out [...]

Can You Sue an Uninsured Driver?

• September 24, 2022
• Kelvin Birk
• Car Accident

A Missouri car accident is traumatic enough; discovering that the responsible driver is uninsured is frustrating. However, pursuing legal action against an uninsured driver is possible, even though it can sometimes be challenging. Our Missouri car accident lawyer can help you better understand your options for seeking compensation for your unexpected and unfair damages.

Missouri Uninsured Motorist Coverage

State law requires all motor vehicle drivers and owners to carry uninsured motorist coverage. The coverage must include $25,000 for bodily harm and $50,000 in b [...]

How far back can the IRS go for unfiled taxes

• July 25, 2022
• Kelvin Birk
• Tax Law

We know that if you have ever failed to file a tax return, you may be concerned that the IRS will catch up with you. But how long should this be a genuine concern for you? Common questions our clients ask us include 1) How far back can the IRS go for unfiled taxes? 2) How many years does the IRS go back to collect on unfiled tax returns? 3) Can you go to jail for unfiled taxes?

We answer and thoroughly explain each of these questions and more below.

How Far Back Can the IRS Go for Unfiled Taxes?

We understand that discussing delinquent tax returns can be uncomfortable. The amount of back taxes you can owe may rise significantly after the IRS adds interest a [...]

Who Is at Fault in a Lane-Change Accident?

• June 28, 2022
• Kelvin Birk
• Personal Injury

Each time you get in your vehicle and use it to travel somewhere, you are accepting some level of risk that you may be involved in an accident. While this is true, if you follow the rules of the road, avoid distractions, and practice defensive driving, you can protect yourself in many situations.

Unfortunately, not all accidents can be avoided, and one that may occur without warning is a lane-change accident.

If you are involved in this type of collision, you may wonder who is at fault? After all, it can be a confusing and stressful situation.

When figuring out who is at fault in a lane-change accident, it is good to consult with an attorney. They will unders [...]

How to List Assets for Divorce

• June 28, 2022
• Kelvin Birk
• Family Law

The start of any divorce process can be confusing and overwhelming for those involved. As you and your spouse begin to separate your lives, you will also be splitting your personal items and finances. Because of this, it’s necessary to list your assets and debts properly; this will help you avoid more serious issues down the road.

When you take the time to get your financial information organized, you will be in a better position to negotiate a fair settlement. If you fail to do this, then you are risking the potential of additional legal action once your divorce is final. You may even be held in contempt of court.

One of th [...]

What Legal Rights Does a Non-Custodial Parent Have?

• April 6, 2022
• Kelvin Birk
• Family Law

When it comes to child custody, the two main types of custody that can be awarded to parents are custodial and non-custodial. Custodial parents are the ones who have primary physical custody of the child, while non-custodial parents have visitation rights. Typically, the non-custodial parent may also have joint legal custody, which means they share some of the decision-making authority with the custodial parent.

There are a number of factors that can influence who is granted custody and what rights they have. These include:

• The relationship between the parents (e.g., the parent’s plan for custody and parenting wishes)
• The needs of the child ( [...]

Can you go to jail for credit card debt?

• March 1, 2022
• Kelvin Birk
• Bankruptcy

Back in the olden days of England there were things called “debtors’ prisons,” but those have long since been done away with in modern times. These days, no one goes to jail for credit card debt. However, credit card debt can cause all kinds of other hardships including stress, financial woes, low credit scores, and roadblocks to getting a home mortgage.

While you can’t be arrested or put in jail for past-due credit card payments, there are a few kinds of debt that could land you behind bars. For example, failure to pay federal taxes or filing fraudulent tax returns could result in going to jail. Or being in contempt of court by refusing to pay large overdue child su [...]

How to Classify an Independent Contractor vs. an Employee

• February 11, 2022
• Kelvin Birk
• Business Law

The rise of the gig economy has stimulated a lot of discussion in the media regarding how to classify an independent contractor vs. an employee while staying on the right side of employment laws. If you’re an employer, you may see advantages to hiring contractors instead of employees, particularly when needs for workers expand and contract. However, if you aren’t fully aware of what legally differentiates the two, you could set yourself up for future legal problems and issues with the IRS.

Employee Classification Rules in the State of Missouri

All 50 states have their own rules for defining who is, and who isn't, an employee or contractor. The Missouri Department [...]

Do you need an attorney to form a Missouri LLC?

• January 8, 2022
• Kelvin Birk
• Business

A limited liability company (LLC) is one legal structure you can choose when starting a business. There are several other structures, too. The value of an LLC is that it limits your personal liability like a corporation does while at the same time giving you the flexibility and lack of formality available through a sole proprietorship or partnership.

If you’ve chosen to move ahead with an LLC structure, you may be asking yourself, “do you need an attorney to form a Missouri LLC?” The short answer is no. You can form an LLC in Missouri by filing the legal paperwork yourself or by using a professional, online business formation service like LegalZoom. However, the longe [...]