Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage.  Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc. 

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided.  Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings.  However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate.  If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.  Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court. 

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare.  Custody usually refers to a combination of physical custody and legal custody.  Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.  If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development. 

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts.  When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself.  When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent. 

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent.  Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to.  The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation. 

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move.  This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child. 

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years.  While the best interests of the child have always been central to the decision, the uncertainty has made this area murky.  Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments.  Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge.  Child support is usually determined by state-sanctioned guidelines. 

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

If you live in St. Louis or anywhere in Missouri and need the assistance of an experienced Missouri Family Law Attorney, please call The Schechter Law Firm today at 866-666-8158, or complete the contact form provided on this site to schedule your initial consultation.

Professional Profiles

At the Schechter Law Firm, we place top priority on representing clients vigorously and ethically to achieve the best results possible.

If you live in St. Louis or anywhere in Missouri and need the assistance of an experienced Missouri Family Law Attorney, please call The Schechter Law Firm today at 866-666-8158, or complete the contact form provided on this site to schedule your initial consultation.

FIRM ADDRESS:
Schechter Law Firm
8000 Maryland Avenue, Suite 950
St. Louis, MO 63105
Phone: 866-666-8158
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

Jeffrey S. Schechter, Partner

EDUCATION:
Bachelor of Arts in Economics from Washington University in St. Louis in 1982, and Juris Doctoris from Washington University School of Law in St. Louis in 1985. At the Washington University School of Law, served as an Associate Editor for one of the law reviews.

COURTS ADMITTED:
Admitted to the Missouri Bar in 1985.

PROFESSIONAL MEMBERSHIPS:
Member of the Missouri State Bar Association, Family Law Section; Bar Association of Metropolitan St. Louis, Family and Juvenile Law Section; St. Louis County Bar Association; Missouri Association of Trial Attorneys; and the American Bar Association, Family Law Section.

LECTURES/PUBLICATIONS:
Lectures extensively in the area of family law, including the following topics: “Family Law Litigation in Missouri” (2001); “Child Custody and Shared Parenting in Missouri” (2001); “Child Custody and Visitation in Missouri” (1999 and 2000); “Tax Aspects of Divorce in Missouri” (1996); and “Family Law Litigation in Missouri” (1996). Co-authored an article entitled “Antenuptial Agreements” with Michael Schechter, which was published in the fall, 1995 St. Louis Bar Journal.

PRACTICE AREAS:
An AV-rated attorney practicing in the area of family law, including dissolution of marriage proceedings, large asset and complex custody litigation, motions to modify, paternity actions, adult and child abuse actions, and other related matters. Has litigated hundreds of family law cases.


Michael L. Schechter, Partner

EDUCATION:
Bachelor of Arts from Washington University in 1985 and Juris Doctoris from Washington University School of Law in 1991.

COURTS ADMITTED:
Admitted to the Missouri Bar in 1991.

PROFESSIONAL MEMBERSHIPS:
Member of the Missouri State Bar Association, Bar Association of Metropolitan St. Louis, St. Louis County Bar Association, Association of Trial Lawyers of America, Missouri Association of Trial Lawyers, and the American Bar Association, Family Law Section.

LECTURES/PUBLICATIONS:
Lectures extensively in the area of family law, including the following topics: “A Roadmap Through Missouri Divorce Proceedings” (2004); “Complex Issues in Divorce for the Missouri Practitioner” (2003); “Family Law Litigation in Missouri” (2001); “Child Custody and Shared Parenting in Missouri” (2001); “Child Custody and Visitation in Missouri” (1999 and 2000); “Child Custody and Time Sharing in Missouri” (1998); “Tax Aspects of Divorce in Missouri” (1996); and “Family Law Litigation in Missouri” (1996).  Co-authored an article entitled “Antenuptial Agreements” with Jeffrey Schechter, which was published in the fall, 1995 St. Louis Bar Journal.

PRACTICE AREAS:
An AV-rated attorney practicing in the area of domestic relations, including dissolution of marriage proceedings, including large asset and complex custody litigation, motions to modify, paternity actions, adult and child abuse actions, and other related matters. Has argued over 40 appellate cases in the Missouri Court of Appeals and the Missouri Supreme Court.


Theodore S. Schechter, Partner

EDUCATION:
Bachelor of Science from the University of Illinois in 1958, and Juris Doctoris from Washington University School of Law in 1958.

COURTS ADMITTED:
Admitted to the Missouri Bar in 1958; the U.S. District Court, Eastern District in 1959; and the U.S. Supreme Court in 1971.

PRACTICE AREAS:
An AV-rated attorney practicing in the area of domestic relations, including dissolution of marriage proceedings (including large asset and complex custody litigation), motions to modify, paternity actions, adult and child abuse actions, and other related matters. Has argued numerous appellate cases in the Missouri Court of Appeals and the Missouri Supreme Court.


Anne E. Lageson, Associate Attorney

EDUCATION:
Graduated from Washington University in May of 2000 cum laude, with a degree in Philosophy. Graduated from the Washington University School of Law in May of 2003. While at Washington University School of Law, was a competitor on the Washington University Trial Advocacy Team, and received several honors including: Scholar in Law, Honor Scholar Award, and an Excellence in Oral Advocacy Award.

COURTS ADMITTED:
Admitted to the Missouri Bar in September, 2003.

PROFESSIONAL MEMBERSHIPS:
Member of the Missouri Bar Association, the American Bar Association, and the Association of Trial Lawyers of America.

PRACTICE AREAS:
Practices in the area of domestic relations.


Joshua A. Renbarger, Associate Attorney

EDUCATION:
Renbarger received his degree in English Literature from Indiana University in 2000, and received his Juris Doctoris after graduating cum laude from Indiana University School of Law - Indianapolis in 2006. While attending Indiana University - Indianapolis, Renbarger was heavily involved in the moot court program. He served on the Moot Court Board, competed in the Jessup International Law Competition, and volunteered to organize a Regional Round for the Jessup Competition that Indiana University - Indianapolis hosted. Additionally, Renbarger was a Glenn D. Peters Scholar and received Dean's List honors while attending law school.

COURTS ADMITTED:
Admitted to the Missouri Bar in September, 2006.

PROFESSIONAL MEMBERSHIPS:
Renbarger is a member of the Missouri Bar Association and the American Bar Association.

PRACTICE AREAS:
Practices in the area of domestic relations.