divorce

Choosing the right St. Louis divorce lawyer to guide you through the process is vital.

Navigating through the process of a divorce can be smooth, but more often than not, it is frustrating and complicated. Trying to take on the process alone is generally difficult. If you’re planning to get a divorce, hiring a St. Louis divorce attorney to guide you through the process is a good decision. The hard part is choosing which attorney to you want to work with. Below, we explain four traits your lawyer should have.

Communication

The best attorneys know that communication is paramount throughout the process of a divorce. First, they must communicate with you to learn precisely what you’re trying to get out of the split. Second, they will need to talk with your partner and their legal representation to negotiate terms. Lastly, in the event of a court case, your lawyer will have to present arguments to a courtroom, which takes a high level of skill. Communication skills are essential in a divorce, so choose a lawyer that has them.

Experience

You do not want your attorney to be caught off guard due to inexperience. The way to avoid this is by hiring one with a significant amount of experience. Be wary of lawyers that merely dabble in divorce law. Instead, seek a provider that has many cases to pull from and scores of happy clients on their record.

Availability

One of the worst feelings in any industry is when you hire somebody and then can never reach them. This is especially true in the case of a family law attorney. When you choose yours, schedule an initial consultation and see how prompt they are with returning your calls and emails. Next, at your meeting, ask them how rapid their responses will be in the future. Odds are they will be upfront and honest about their response times.

Composure

At some point during your divorce proceedings, you might be overwhelmed by stress. While this is acceptable for you, it is not acceptable for your lawyer. If you sense that they are somebody that is easily stressed out or cracks under pressure, you may want to think twice. When things get tough, you want an attorney that will be composed.

Choosing the right St. Louis divorce lawyer to guide you through the process is vital. This is the person that is going to be at your side through the entire process, and you need them to be as effective as possible. They should have excellent communication skills, experience, availability, and composure. Your legal counsel is too important to leave to chance. Look for these traits, and you will minimize the difficulties you experience during your divorce proceedings.

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If a couple has already filed papers in court and they both agree that they wish to reconcile and not go through with the divorce, it is possible.

When two people enter into marriage, they usually do so with the intention to stay married, as the vows typically state “till death do us part.” However, there are times when couples simply can’t live together. Missouri is a no-fault divorce state, which means that no one has to be to “blame” for the dissolution of a marriage to be granted. If one or both partners has irreconcilable differences, then it is possible for them to obtain a divorce.

There is a process to obtain a divorce in Missouri. You can file a “no-fault” divorce, or you can petition for a fault divorce. The only difference between the two is that if you file for a “fault” divorce, you must have legal grounds to insist that the marriage dissolution is the fault of one party. One reason you might want to make a fault claim is typically that you want to seek custody, or have more of your “share” of asset allocation when it comes time to divide marital assets.

What If You File and Then You Have a Change of Heart?

If a couple has already filed papers in court and they both agree that they wish to reconcile and not go through with the divorce, it is possible. They can both go before the judge and ask that the judge dismiss the papers once they have been filed.

They can request a dismissal of the papers once they have been entered at any time before a judgment to divorce has been rendered. If there has not been any response by one partner, then the person who petitioned alone can file for a dismissal. If both parties have filed, then they both have to ask for a dismissal.

When you file for a dismissal, you can do so either with prejudice or without prejudice. The difference is that if you intend to try to reconcile but aren’t sure if it is possible, filing without prejudice means that should things not go as intended, the petition can be reinstated or picked up in the future from where it was left off. If the petitioner files with prejudice, that means that the case cannot be reopened or reinstated. Therefore, if the couple seeks to dissolve their marriage sometime in the future because things aren’t working out, they must start from square one.

If you are served papers, you do not have the power to say “no” or to dismiss the process. If one party wants a divorce, then the other party does not have the right to dismiss the petition – only the petitioner does.

Sometimes you need a little time away to gain perspective and to find that things weren’t as bad as you thought they were. If you and your spouse filed for divorce, but have since had second thoughts, you can stop the process – but only if either the original petitioner dismisses it or if both parties agree. There is always time to back out before a final decision is rendered and the divorce is final. If you want to reconcile, or even give it a chance, talk to your divorce lawyer and find out how you can take back your petition or unilaterally do so with your spouse.