Law Offices of June Clark, LLC

Many believe that because Missouri is a "no fault" state that marital misconduct - - items such as physical or mental abuse, infidelity, financial misconduct, drug or alcohol abuse, along with other acts of misconduct - - are not relevant in a divorce. That is not correct. A "no-fault" dissolution of marriage means that neither party has to allege or prove grounds for a divorce. A party must merely allege or prove (if disputed) that the marriage is irretrievably broken a...nd that there is no reasonable likelihood that the marriage can be preserved,. Marital misconduct is relevant evidence in a dissolution of marriage proceeding for purposes of (1) division of assets and debts and (2) the amount and duration of an award of maintenance. The judge will determine what weight, if any, the misconduct should be given.

Many people believe that there is an age (12 or 14 usually) at which a child of divorce can choose the parent who they will live with under Missouri law. That is not correct. Custody is to be awarded based on the best interest of the child. The statute lists eight (8) factors to be considered by the court in determining custody. The wishes of the child is only one of those factors.

Warmest wishes for a blessed Christmas and a healthy and peaceful 2021!

The holiday season can be stressful on a marriage. Add this to COVID and your relationship can go into overload. A good counselor can assist you and your spouse in deciding if your marriage can be rebuilt or can clarify the decision to end the marriage. We do not advise clients whether or not to stay married. We do advise clients who have made the decision to end the marriage how to navigate the legal process to achieve a favorable result.

Missouri courts are operating in phased openings during the pandemic. The Missouri Supreme Court has ordered and designated the various operating phases. The presiding judge of each judicial circuit then determines in which phase that circuit's courts are operating. The designation may change during your case. For example, Greene County, Missouri recently returned to Phase 0, the lowest level of operation. In this phase, only critical matters are handled in person at the... court house. At least one judge must be in the court house during business hours. All other judges work from home. Non-critical cases are dealt with by the individual judge either by telephone conference or virtual proceedings. It is important that you ask your attorney the phase of operation at the time of scheduled court proceedings during your case. All Missouri courts require masks and social distancing.

Mediation is often helpful in resolving divorce cases without going to court. It saves attorneys' fees, time and the emotional roller coaster of a protracted court case. In Greene County, Missouri, two hours of mediation is mandatory in ever dissolution of marriage case where there are minor children. it is a plus when a case can be settled directly by the parties or through mediation.

This is a brief article that I recommend you read if you are starting the divorce process.

Co-parenting after divorce can be hard. Both parties need to consciously learn skills to work together in a business like manner.

Mediation is often helpful in resolving divorce cases without going to court. It saves attorneys' fees, time and the emotional roller coaster of a protracted court case. In Greene County, Missouri, two hours of mediation is mandatory in ever dissolution of marriage case where there are minor children. it is a plus when a case can be settled directly by the parties or through mediation.

A statement for all time from my favorite book.

A timely question during the Coronavirus is how to handle parenting plans that incorporate joint physical custody. Both Greene County and Christian County courts have issued administrative orders to continue custody as set out in the parenting plan. This article provides advice in this regard.

This is a brief article that I recommend you read if you are starting the divorce process.

Whether you are divorced with minor children, or going through a divorce with young children, this is a must read. What a great example of truly putting love for a child above animosity and ego!

Financial abuse is an invisible form of domestic violence.

Co-parenting after divorce can be hard. Both parties need to consciously learn skills to work together in a business like manner.

The tax treatment of maintenance, formerly known as alimony, changes on January 1, 2019. It is believed that this will make a huge difference in the payment and receipt of maintenance negotiated in a dissolution of marriage settlement. Author Bill Bischoff explains: "In divorce situations, one spouse or ex-spouse may become legally obligated to make payments to the other party. these payments are often substantial, locking in tax deductions for the payer has often been an ...important issue. Before the new Tax Cuts and Jobs Act (TCJA), payments that met the tax-law definition of alimony could always be deducted by the payer for federal income tax purposes. And recipients of alimony payments always had to report the payments as taxable income. This old-law treatment continues for alimony payments made under pre-2019 divorce agreements. But for payments made under post-2018 agreements, things will change dramatically. Here’s the story. TCJA eliminates deductions for alimony payments required by post-2018 divorce agreements For payments required under divorce or separation instruments that are executed after Dec. 31, 2018, the new law eliminates the deduction for alimony payments. Recipients of affected alimony payments will no longer have to include them in taxable income. This TCJA treatment of alimony payments will apply to payments that are required under divorce or separation instruments that are: (1) executed after Dec. 31, 2018 or (2) modified after that date if the modification specifically states that the TCJA treatment of alimony payments (not deductible by the payer and not taxable income for the recipient) now applies." See more

Marriage needs work to endure.

All are welcome to celebrate Easter tomorrow at Campbell!

Purls of Joy is cancelled today, Wednesday, February 21, 2018