Divorce

Divorce Lawyers in St. Charles County

Divorce is both a personal process and a legal process. At the law firm of Ellinger & Associates in O'Fallon, Missouri, we will counsel you on both the legal and personal ramifications of legal separation and divorce and help you reach a settlement.

Our attorneys represent people who have agreed that they want to be divorced and want to do it quickly. We also handle divorces for people who can't agree on anything. We offer a free attorney consultation to answer your questions about the divorce process in Missouri and let you know what to expect.

Can I Keep My Home?

All property accumulated during your marriage must be divided equitably with your spouse. However, if you don't have a lot of equity in your home, one party can buy out the other. Buying out your soon-to-be ex will be harder if you have a lot of equity in your home.

What Is the Difference Between Legal Custody, Sole Custody and Joint Custody?

Legal custody is the right to make decisions for your child on major issues such as education, religion and medical care. In most cases, legal custody is shared after divorce.

Sole custody and primary custody are used interchangeably and refer to one parent having the majority of the physical custody with the other parent having visitation rights.

Joint custody indicates that the child spends a significant amount of time in the custody of each parent. Under Missouri law, joint custody is harder to modify, requiring a substantial change in circumstances.

With either sole or joint custody, one parent usually has primary residential custody and the other has visitation according to a schedule. The standard visitation schedule is every other weekend, one night a week, alternate holidays and several weeks in the summer. A fifty-fifty custody plan is possible if you and your soon-to-be-ex spouse have a good relationship. If you have school-age children, you would need to live in the school district as your ex. You need to discuss with an attorney the differences between joint and sole custody, and how this will affect your schedule in the future.

How Much Child Support Will I Pay/Receive?

Child support is calculated using Missouri Form 14, which calculates child support based on each parent's earnings.

Will I Receive/Pay Alimony?

Alimony (known as spousal maintenance in Missouri) may be a part of your divorce based on how long you were married, the difference in your earnings and the age of the person receiving it.

My Spouse Isn't Cooperating. What Can I Do?

If your spouse isn't cooperating on issues such as child custody, our lawyers can seek temporary orders to protect your rights.

If you are dealing with issues of abuse or domestic violence, we can help you obtain a protection order.

Free Attorney Consultation

To discuss your divorce case with one of our lawyers, call 888-525-7237 toll free or fill out the contact form on this site. From our offices in St. Louis and O'Fallon, we serve clients throughout the St. Louis metropolitan area, including St. Louis County, St. Charles County and other communities west of the Missouri River.