Going through a divorce is one of the most difficult times in a person's life. It can be physically and emotionally exhausting. Not to mention, the family you once had is now being disassembled. Attorney Travis Strobach knows your pain and frustration, because he has gone through a divorce himself. Like most people today, the lifelong promises that are exchanged at marriage donít always last forever. Regardless of the reason for your divorce, Travis will be there for you through the entire process. Unlike most attorneys he even works weekends if you need him.
There are numerous reasons why people decide to no longer continue with their marriage. Divorces can be as simple as an uncontested divorce and both sides agree on everything. Some are more difficult, because large amounts of marital property and assets are involved, called contested divorce. Others can be more complicated, because someone feels the other was disloyal or a divorce involving children. Regardless of whether the case is contested or not, there are several requirements a person must meet to be granted a divorce in Missouri and Illinois. These requirements are not as daunting as they may sound and with Attorney Travis Strobach on your side, they become much easier. Not to mention he will explain the process to you in full so you have a full understanding of what to expect. Call Travis Strobach today for your free consultation (314) 651-9360
These cases always involve each person having to provide a statement of income and expenses. This means you and your soon to be ex will have to disclose your monthly gross and net income, last 3 years of tax returns and all anticipated living expenses after the divorce is concluded (rent/mortgage/vehicles/loans/credit card debit/health insurance premiums and costs/personal expenses/ child care, if necessary, and charitable contributions) to name only a few.
Statement of marital/non-martial property and debt is also required. This includes, but is not limited to bank accounts, retirement and life insurance plans, real estate, businesses and all debits accumulated outside and within the marriage.
If you have children, there is a requirement under Missouri and Illinois State law that you and your soon to be ex attend a class to inform you on how to manage and teach your children how to deal with the separation. These classes are on average 2 hours and costs are very minimal.
Additionally, courts require and Travis Strobach will handle for you the following: a certificate of dissolution, a martial settlement agreement, a joint parenting agreement (if with child(ren)), confidential family docketing sheets and judgement and order of dissolution.
Some divorces are by agreement and can be handled by simply filing the appropriate documents and following the courts procedures. Uncontested divorces are relatively easy and not to mention inexpensive for an experienced attorney like Travis Strobach. Travis will sit down with both parties and make sure a full agreement is forged. There are several issues usually not thought of, but are involved in an un-contested divorce that an attorney will be able to inform you about. This means you and your soon to be ex will be legally protected moving forward with your lives. Most people seeking an uncontested divorce are doing so to avoid having to go to court. Attorney Travis Strobach can handle your case for a minimal flat fee and can make it possible for you not to ever have to walk into a courtroom.
Some divorces are not agreed to by both parties. This means either one party doesn't want the divorce, or both parties want to separate, but cannot agree on the terms. These types of cases usually involve interrogatories, requests to produce, depositions and sometimes trials. Interrogatories are questions sent to the opposing party to answer with 30 days to discover hidden assets and other questions necessary to determine the appropriate resolution for a particular issue. Requests to produce are discovery motions requiring the opposing party to disclose documents and other tangible things. These things can include bank accounts, business records, social security numbers, tax information and the like. Depositions give a person the opportunity to question the opposing party or other witnesses that may be called against them should the case go to trial. Depositions can resolve issues without having to go to trial.
Depositions allow attorneys to question opposing parties and subject those questioned to perjury charges if they lie and the answers to questions are documented by a court reporter. If a trial is necessary, it is conducted in front of a judge, called a bench trial. Jury trials are not given in cases dealing with divorce. This means a judge will decide for both parties what they think is best. Therefore, Attorney Travis Strobach will always strive to come to an amicable resolution between the parties. However, if the opposing party is unreasonable, Travis is an experienced family law attorney who has conducted numerous trials and hearings for his clients and with a winning record!
Cases involving children can be difficult on a family going through a divorce. The good news is, Attorney Travis Strobach has the knowledge and experience to protect you and your children during this difficult time. Un-contested divorces involving children require parents to attend a parenting class which lasts approximately 2 hours whether in Missouri or Illinois. Additionally, a joint parenting agreement is necessary. These include the custody and visitation schedules for both parents, the financial contributions, tax issues and child care.
Finally, the amount of child support must be calculated. This support is different between Missouri and Illinois. Child support is typically paid by the parent who is not the primary custodian of the child(ren). This means the parent who has less time with the child(ren) in a 2 week period than the other. In Missouri the child support number is determined by what is called a Form 14. This calculation is made after looking at several factors, including both parents net income, who is paying for the children's medical, vision and dental insurance, child care costs, the amount of overnight stays the non-custodial parent has with the children, amongst others factors. Illinois allows for a more definitive child support schedule. For 1 child support is 20% of the net income of the paying parent. For 2 children in is 28% and goes up to 50% of the parent's net income for up to 6 children or more. However, both states allow for adjustments either above or below the designated child support amount depending on the paying and custodial parents circumstances.