1. What are my options?

There are several options I can offer our clients, including the traditional divorce, mediation services and collaborative practice:
 
Traditional
Here, each party has its own attorney who represents and attempt to resolve their differences.  If both parties cannot settle, the issues will be decided by a judge or commissioner.
 
Mediation
Mediation is where a trained, experienced, neutral professional helps the parties settle their differences out of court.
 
Collaborative Practice
This is where two parties and their specially trained lawyers resolve their differences out of court through interest-based negotiation.

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2. Can you represent both me and my spouse?

No.  Because of the conflict of interest between divorcing spouses (even those that maintain a cordial relationship), a lawyer cannot represent both parties.  If you are asking this question, you may want to consider Divorce Mediation.  If you and your spouse have already reached agreement on all aspects of your divorce, I recommend that one party retain an attorney to draft the settlement papers and other documents.  The other spouse, at his or her option, can retain an attorney simply to review the agreement.

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3. How long does it take to get a divorce?

Generally, a divorce can take as little as 31 days or as long as 1 year, depending upon how complicated and contentious the case is.

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4. Can I get a divorce if my spouse doesn't want it?

Yes.  Although an uncooperative spouse can make the divorce process longer and more expensive for you, he or she generally cannot prevent a divorce.

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5. What about child support?

In most cases, child support is calculated according to the Missouri Child Support Guidelines.  Probably the most common circumstance where the Guidelines do not apply is if the income of the payor spouse exceeds $100,000 or the parties' combined income exceeds $135,000.  However, when income(s) brings child support outside the Guidelines, a judge will use the Guidelines as a starting point to determine an appropriate amount of child support.  The other common situation where the Child Support Guidelines do not apply is if both parents share physical custody of the children, either by the children spending equal amounts of time with each parent, or where one child lives primarily with one parent and the other child lives primarily with the other parent.  In such a situation, often neither party pays child support to the other, or child support substantially deviates from the Guidelines.

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6. What should I look for in choosing a divorce attorney?

First, you want your attorney to be experienced in the complex field of divorce law.  It is also helpful if your attorney has practiced extensively in the Court where your case will be heard because it is important to be familiar with the particular judges who may be involved with your case.  Second, you should feel comfortable working with your attorney.  He or she should be responsive to your questions and concerns and return your phone calls promptly.  Finally, you should choose an attorney who is skilled at negotiating, but also has the ability to aggressively litigate if that is what it takes to protect your rights.

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7. How much is a divorce going to cost me?

The answer to this question depends upon the level of conflict between yourself and your spouse.  I charge by the hour.  The more of a lawyer's time you use, the more the divorce will cost.  The vast majority of divorce cases settle without need of a trial.  Keep in mind that no attorney can guarantee what the legal fees in a complex or contentious case will be.

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