Amicable Separation, Uncontested Divorce

As our country and the St. Charles and St. Louis County areas begin to emerge from the COVID-19 fog that has been a part of our lives for the majority of 2020, domestic issues involving families and couples are coming to the surface. Partners who previously avoided their differences are now looking to separate after being quarantined together. For couples seeking to dissolve their marriage and have agreed on terms of their divorce can save time, money and frustration.

Uncontested Divorce St Charles Lawyers

In an uncontested divorce, spouses have reached agreements on every major issue that could arise in a divorce. In a case involving children, issues include child custody (both physical and legal), visitation, child support, health insurance, and day care and/or school. Issues of property and debt division also have to be agreed upon, as well as whether one party is to pay maintenance (what we used to call “alimony”) to the other.

When all issues are agreed upon, the parties do not have to go to court. Settlement documents detailing the agreements made are signed by each spouse and filed with the court. After a thirty day waiting period, the judge assigned to the case will enter the judgment, approving the settlement.

Representation in an Uncontested Divorce

It is not necessary to hire an attorney to represent you in a divorce. However, a divorce can be overwhelming and there are a lot of decisions to be made. You may choose to hire a divorce lawyer to represent your interests and assist you throughout the divorce case. An experienced divorce attorney will provide legal advice and guide you through the divorce process.

An attorney cannot represent both parties in a divorce. Even in an uncontested divorce when all issues are agreed upon. To save money, one spouse may hire an attorney to prepare the court pleadings and settlement documents. The other spouse may choose to either not have representation, or may hire an attorney to review the documents before signing.

Cost of an Uncontested Divorce

Uncontested divorces are typically less expensive than contested divorces. Expect court filing fees (amount will vary by each county) and service costs (unless the non-filing spouse waives service by written consent). If an attorney is retained, expect lawyer fees as well. The divorce attorneys at Wibbenmeyer Law usually charge a flat fee in an uncontested divorce and charge hourly in contested cases. Our fee arrangement will differ depending on the circumstances of each case. We let potential clients know up front the method by which you are billed (either flat fee or hourly), even if an exact amount or a range of fees is not given at that first appointment. 

Domestic Violence - Order of Protection

An uncontested divorce may not be advantageous in all situations. Specifically, in cases where a spouse is experiencing or has experienced domestic violence. People who have faced abuse during marriage are oftentimes at a disadvantage when negotiating. If you are seeking legal representation in a divorce, contact a St Charles divorce attorney at the Wibbenmeyer Law Firm today.

Unfortunately, many abuse victims have been quarantined or are sheltered in with their spouse and are unable to seek help. One positive out of the pandemic is the ability to file an Order of Protection online in St. Louis County. This significant development provides court access to abuse victims, who may have unreliable transportation or may struggle to get enough time away from the other spouse without raising suspicion. For more information and to file an Order of Protection online, visit St. Louis County Courts.

Call a divorce attorney today

If you are planning on filing for divorce, or have filed, and need legal representation, call our office at 636-724-3355 for a free consultation. Speak with an experienced divorce lawyer today.

Considering Bankruptcy Because of Covid?

Considering Bankruptcy?

Many Americans are facing financial hardship due to the COVID-19 pandemic. In the last five months, COVID affected jobs, the economy and the stock market. Roughly 49 million unemployment claims were filed since early March. The CARES Act offered temporary relief to individuals and families through one time stimulus payments. It also provided an additional $600.00 per week in unemployment benefits. However, unless extended by Congress, the extra $600 per week in unemployment will end on July 31st. Losing part or all of your income makes it extremely difficult to pay monthly expenses. If you are struggling with mounting debts, repossession, foreclosure, or garnishments, now may be the time to consider filing for Chapter 7 bankruptcy.

Chapter 7 Bankruptcy

Otherwise known as a liquidation, a Chapter 7 bankruptcy discharges (or “wipes out”) most of your unsecured debt. Examples of debt eliminated in a Chapter 7 bankruptcy include credit card debt, unsecured loans (such as personal loans, pay day loans, and title loans), medical bills, unpaid rent from a prior lease, and a deficiency balance from a surrendered or repossessed vehicle. At the time of filing a Chapter 7 bankruptcy petition, an Automatic Stay Order is put in place, immediately stopping collection actions, including garnishments. By filing for a Chapter 7 bankruptcy, individuals financially struggling can get a fresh start.

Am I eligible to file chapter 7 Bankruptcy?

To qualify for a Chapter 7 bankruptcy, certain requirements must be met. If you’ve filed bankruptcy and received a discharge, 8 years must pass before filing again. Also, you must pass the bankruptcy means test. Your average monthly income for the last 6 months must be below the state’s median income for your family size to pass the bankruptcy means test. Payments made under the CARES Act (stimulus and unemployment) do not count toward income for purposes of qualifying for Chapter 7. If your income has been reduced or you lost your job due to COVID, you may qualify today when you did not qualify before. Depending on your income prior to reduction or unemployment, it may be necessary to delay filing bankruptcy a couple months in order to be eligible. Explore your options by consulting with a St. Charles bankruptcy attorney today.

Contact a St Charles Bankruptcy Attorney

Let a bankruptcy lawyer assist you with navigating bankruptcy during this difficult time. The Wibbenmeyer Law Firm, LLC offers free bankruptcy consultations. If you are laid off, struggling to pay debt or otherwise considering filing for Chapter 7 bankruptcy, call a bankruptcy attorney in St Charles, MO today at 636-724-3355.

We're In This Together Newsletter

We hope you are doing well, staying safe and remaining positive in these unprecedented times.  The last several months have been trying for all of us.  Everyone has been affected in different ways.  Our firm continues to provide legal services, with measures in place to protect the health and safety of our clients, staff and their families.  We are providing the below information to assist you in navigating legal issues that you may be facing.  Together, we will get through this uncertain period.

FAMILY LAW

The COVID-19 pandemic presents challenging family law issues.  Parents are not receiving visitation or custody because of coronavirus concerns.  Further, loss of employment may affect child support or maintenance.  If you need assistance with these issues, give us a call to discuss.

 
ESTATE PLANNING

In these uncertain times, people are focusing on their estate planning needs.  Whether it be Last Wills, Trusts, Living Wills, Powers of Attorney, etc., we are able to help you create or update your estate plan. Contact us to eliminate stress and bring you and your loved ones peace of mind.   

BANKRUPTCY

Employment loss and the inability to pay expenses is a worry for many Americans impacted by COVID-19.  If you find yourself accessing your financial situation and are considering filing for bankruptcy, give us a call to discuss your options and find out if you qualify. 

 
LEGAL NETWORKS

Check with your employer to see if you have benefits through any of the following networks, as your legal fees may be covered:

• ARAG
  LegalEase/ LegalAccess
  MetLife (formerly Hyatt Legal)
  US Legal Services
  Workplace Options

CALL US AT (636) 724-3355 

We are here for you and committed to assisting your legal needs.  

Family Law Issues Amid Covid-19

As I write this article, we are under a stay-at-home order in the State of Missouri due to Covid-19. With that comes a whole host of issues for family law. Currently, questions about child custody, denial of visitation, and child support are hot topics in family law.

Questions arise when one parent withholds visitation from the other parent out of alleged concerns regarding Covid-19. A common example is when one parent is a health care professional or an essential worker and the other parent denies visitation or custody citing potential exposure to the minor child or children. This is an evolving issue and one in which is not easily dealt with.

On the one hand, there are legitimate concerns that persons working in the health care industry are at increased risk for exposure to Covid-19 and therefore more likely to infect the minor child or children. However, with limited guidance on this issue, courts will most likely insist on more than the possibility of an infection transmission before the denial of visitation and custody is justified.

Most separate parents facing these challenging issues have a current custody plan in place. This parenting plan ordered by the court should clearly lay out dates and times for visitation and custody with the parents.

But what do you do if you are legitimately worried that the other parent may infect your child, or that the other parent’s household is at risk?

First, consult with the other parent before you do anything else. You may find that by talking about these issues with the other parent, the danger is not as great as you originally thought. If no satisfaction comes of that, then do call an attorney for an opinion.

When I get calls on similar issues, I screen to see if I can tell whether there is a legitimate concern for safety, or whether it is a ploy to try to gain the upper hand at custody. This is also what the courts will be looking for. Are the concerns of the withholding parent legitimate or are they a subterfuge to gaining the upper hand in a custody proceeding now or later? Once the courts open back up and the pandemic has largely subsided, parents will have to answer for their actions during this critical time.

The courts, in my opinion, will not treat lightly the withholding the visitation and custody in what seemingly appears to be a ploy to get more custody. It will be the basis for a motion to modify as to custody. People are stressed and anxious for many reasons right now. A parent taking advantage during this time will not be looked favorably upon by the courts.

What do you do if the other parent is withholding your custody or visitation? One option is file a family access motion. Although, this has limited appeal right now due to the lack of availability by the courts. Another option is file a restraining order, however, that can also be time-consuming and expensive. The right course of action might be to file an immediate Motion to Modify and ask for a temporary hearing through that proceeding.

If you share custody and you pay child support, and you suffer a reduction of income or loss of job, what do you do? The court order you have continues in effect until modified by the court. However, if you file a Motion to Modify at this time the courts may order that the child support order be reduced retroactive to the filing of the motion and proper service on the other parent. For this reason, it may be best to move forward with a child support modification at this time, at least filing it, even if it will not be heard for several months later.

There are limited abilities to get to the courts at this time. Likely, courtrooms will be open soon and parents will be able to have more meaningful access to the courts. If you have questions or need legal assistance, give us a call at 636-724-3355 and we will let you know what can and cannot be done.