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How to List Assets for Divorce

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?

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 (th [...]

Can you go to jail for credit card debt?

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

How to Classify an Independent Contractor vs. an Employee

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?

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 [...]

Can Text Messages Be Used in a Divorce?

Sometimes both parties agree to file for divorce and can agree on all aspects of divorce, including time-sharing and division of assets. However, some divorces are contentious, and the parties can barely speak to each other, never mind agreeing on everything. One spouse might be so upset over the other spouse's behavior that he or she wants nothing to do with that person. In some cases, you might have to prove that your spouse's behavior is the reason for divorce. In most cases, it ends up being your word against your spouse's unless you can find proof. Can text messages be used in a divorce to prove infidelity or other behavior?

Can My Texts Be Used Against Me in a Divorce?

When Should I Update My Estate Plan?

Creating an estate plan is one of the most important things you can do to protect and provide for your family in the future.  With a little bit of time and a skilled estate planning attorney, you can create a customized trust or will and estate plan that anticipates your unique needs and leverages the most advantageous use of your assets.

Whether it’s by providing for heirs, avoiding onerous taxes, overseeing property and real estate or creating charitable giving opportunities, an estate plan can lay out all of your current and future wishes in a neat and comprehensive document. To ensure the bes [...]

Do You Need a Lawyer to Dissolve Your Business?

“Do you need a lawyer to dissolve your business?” This question is frequently raised by business owners as they make the difficult decision to cease operations and move in a new direction.

Honestly, closing a business is complicated. There are always multiple “stakeholders.” It is important to ensure that each is treated appropriately. Also, as a business owner, you must abide by all relevant state and local laws, file very specific paperwork, and position yourself well for the future. So, do you need a lawyer to dissolve your business? Quite simply, yes!

Working with a reputable business attorney can help you dissolve your business efficiently and [...]

Can a Beneficiary Sue a Trustee in Missouri?

Yes, a beneficiary can sue a trustee. But a beneficiary must prove that a trustee has breached their fiduciary duty. A beneficiary cannot mount a successful challenge simply because he/she has a personal grudge against the trustee or because he/she simply feels the trust is unfair as it was created by the trust owner.

To mount a legal challenge, a beneficiary must show that there was malfeasance, conflict of interest or incompetence on the part of the trustee.

There’s a lot to know about trusts and estate disputes, and challenging a trustee is rarely something you want to do on your own. With the help of

Do You Have to Do Probate When Someone Dies?

Losing a loved one or family member is a terrible time, filled with grief and loss. Not only are you hurting inside, but you also have to deal with funeral details and other legal matters. This is especially true if the person died without a valid will and their estate must go through probate.

If you’re wondering whether you have to do probate when someone dies, the answer is “sometimes.” In Missouri, if a person’s estate is very small, then the law will allow you to skip probate in favor of a simplified process. Otherwise, you’ll go through probate, though this is significantly easier and quicker when the deceased person has a valid will or estate plan with clear d [...]

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