St. Charles Family Law Attorneys
Facing a divorce, child custody dispute, support matter, or another family law issue can bring difficult decisions. Davis & Associates provides experienced legal guidance to help St. Charles families understand their options, protect what matters most, and move forward with confidence.
On your wedding day, the last thing you’re thinking about is ending up in court facing off against your spouse. Roughly 3 out of every 1,000 Missouri marriages end in divorce.
The Missouri Courts define divorce as “a dissolution of marriage, ” a legal process that terminates the marital rights and responsibilities between spouses. That makes it sound easy, but divorces can get complicated fast and, in extreme cases, downright messy.
Many issues must be resolved before a judge signs off on the divorce. You need to divide marital assets, settle alimony, and create a coparenting plan. That is a lot to work through, and it can trigger plenty of contention. That is why you need to retain an experienced St. Charles, Missouri family law attorney for guidance.
The attorneys at Davis & Associates have helped many Missouri couples find a resolution that stabilizes the family and secures their financial future. There are additional issues that fall under the family law category that our attorneys can help with, such as adoption, father’s rights, and securing a family’s safety when domestic violence is present.
If your legal issue involves any aspect of family law, you owe it to yourself to understand all your options. Davis & Associates can provide the guidance and support you need to get through your issues.
Get the Family Law Help You Need
Without the Fear of High Bills
No High Hourly Billing
Most firms charge by the hour, which means every call, email, and update can increase your bill. Our approach is built to give you more clarity and control.
Custom Monthly Pricing
Your monthly rate is tailored to your case, so you know what to expect, plan ahead with confidence, and avoid surprise costs.
Less Stress, More Access
You should not have to hesitate before reaching out to your lawyer. Our pricing model keeps representation clear, approachable, and realistically affordable.
Filing For Divorce Through the St. Charles County Family Court System
Divorces in St. Charles are handled through the St. Charles County Family Court, but you still follow Missouri state divorce laws. The divorce process begins by filing a Petition for Dissolution of Marriage. That makes you the petitioner. Once filed, a family court judge will assign the case.
In addition to the petition, you need to have these additional forms filed:
- Income and Expense Statement
- Statement of Property and Debt
- Parenting Plan (if there are children)
- Filing Information Sheet
- Certificate of Dissolution
- A proposed Judgment of Dissolution of Marriage
Each of these forms must be properly filled out. Our legal team can help with filing and ensure the forms reach the right court. Missouri allows you to file a no-fault divorce, which means the marriage is irretrievably broken and you don’t have to assign blame.
If you want to file a fault-based divorce, the judge will only grant that if you can prove one of the following:
- Your spouse committed adultery
- Your spouse has behaved in such a way that you can’t be reasonably expected to live with them
- Your spouse abandoned you for at least six months
- You and your spouse have lived separate and apart for at least 12 months by mutual agreement
- You and your spouse have lived apart for 24 months without mutual agreement
Once filed, the court will place your petition on the calendar. A mandatory 30-day waiting period begins on the date you file the petition before a judge can finalize the divorce. Typically, it takes longer to resolve property division and custody issues.
You have two options: you can settle your differences before you go before the judge, or the judge can resolve them for you.
Typically, it’s in your best interests to settle through mediation and negotiation. That allows you to keep your business private and puts you more in control of the outcome. Strong legal representation helps.
Missouri Laws on Equitable Distribution of Marital Assets
A divorce is not just about a couple deciding to start separate lives.
It also involves dividing what the couple accumulated during the marriage. That includes property and debt. Missouri law allows for an equitable distribution model instead of splitting everything in half.
Non-marital property includes anything you owned or received before the marriage, as well as gifts you received during the marriage. However, some of these items can be commingled and become marital property. For instance, if you bought a car before the marriage but then you got help from your spouse to pay off the loan, it can become marital property.
Property that you acquired after the marriage is considered jointly owned regardless of who paid for it. That includes the following:
- Homes
- Undeveloped land
- Cars
- ATVs
- Boats
- Electronics
- Furniture
- Appliances
- Power tools
The title or ownership name on the property doesn’t matter if you purchased it after the marriage. Debt is also a matter that has to be resolved. It’s a joint responsibility regardless of who ran up the debt. It is all part of the negotiations.
Consider the family house.
In many families, a home is part of the property division, even if you’re still paying a mortgage. You could negotiate for one spouse to keep the house as the children’s primary residence. In that scenario, the spouse would refinance the mortgage and remove the other spouse’s name from the loan. The equity share could be bought out through cash or asset trade-offs.
If one spouse will retain ownership, you have to work out who is responsible for property tax, insurance, and other ownership responsibilities. Another option would be to sell the home and divide the proceeds equally. When a couple can’t agree on how to divide assets, each spouse presents their needs to the court.
The family court judge will then rule on what they consider to be a fair split based on the following factors:
- Each spouse’s economic circumstances at the time of the split.
- Each spouse’s contributions, including homemaking and childcare.
- Value of non-marital property allocated to each spouse.
- The parties’ conduct during the marriage.
- Custodial arrangements and the needs of any children.
A judge could award a larger share of the assets to an innocent spouse if the other spouse wasted or hid marital funds for non-marital purposes such as an affair or gambling.
That’s when you file for a fault-based divorce.
Davis & Associates can explain all of your property division options. We’ll also work closely with you to ensure your financial future and your children’s are secure.
- 20+Years of PracticeStrategic family law experience you can rely on.
- 50,000+Clients ServedProven results across divorce and custody matters.
- 50+Locations NationwideWe are local, everywhere.
- 120+Family Law AttorneysFind the right match for you.
Establishing Parenting Plans Under St. Charles Local Rules
Divorce means a complete reset for the family. Even when the couple agrees on most items, the children will start spending separate time with each parent. How much time and when is determined through the parenting plan.
Under Missouri law, your parenting plan is a legally binding written agreement that outlines how separated or divorcing parents will share custody and expenses for children under 18.
Every plan must include the following core elements:
Physical Custody
This will be a detailed calendar showing where the child sleeps on weekdays, weekends, holidays, and summer breaks. Missouri family courts start with the baseline that parenting time will be split 50/50. The exception is if the parents agree to a different plan.
For instance, it might be in the children’s best interests for them to stay in the family home with one parent during the school year, with weekend visits to the other parent. Then over the summer, the kids can stay with their other parent. Other common splits are one week on and one week off.
Legal Custody
Legal custody determines how parents will make major choices about the child’s school, medical care, and religious upbringing. This type of custody can be shared or ordered as the sole responsibility of one parent.
Expenses
Parents must agree on how much each parent will pay for monthly child support, health insurance, childcare, and school expenses.
Support is calculated by combining the monthly income from wages, self-employment, and other benefits. Adjustments are then made for other children outside this marriage or spousal maintenance (alimony) paid by one parent. The non-custodial parent also receives overnight custody credits.
You can use the Missouri Schedule of Basic Child Support Obligations to get a sense of what is expected for support based on the combined income.
Once the court issues a child support order, you can revisit it if your employment circumstances change.
Practice Areas
- Divorce
- Child Custody
- Child Support
- Father's Rights
- Restraining Orders
Find the Help You Need Near You
Frequently Asked Questions
Family law matters in St. Charles County are primarily handled at the St. Charles County Courthouse, located at 300 North Second Street in St. Charles, MO. This facility houses the 11th Judicial Circuit Court, which oversees divorce, custody, and support proceedings.
Missouri is an equitable distribution state, meaning the court divides marital property in a manner it deems fair, though not necessarily a perfect 50/50 split. Factors include each spouse’s economic circumstances and each party’s contribution to acquiring the marital property.
While you may represent yourself, St. Charles County family law cases involve complex local rules and Missouri statutes that can significantly affect your financial future and parental rights. An experienced attorney ensures all filings meet 11th Circuit standards and protects your interests during negotiations or trial.
Mediation and Alternative Dispute Resolution in St. Charles
When presented with a petition for the dissolution of marriage, one of the first questions the judge will ask is if the couple has worked things out.
If not, the judge can resolve all the issues, or the couple can go through mediation.
When the judge takes on the case, everything becomes a matter of public record. It also means you’ll have to wait for an opening on the court calendar to present your evidence.
That can prolong the process by several months.
With mediation, your records are kept private. You can also present your case outside the pressure of a courtroom. You and your spouse will mutually agree on an independent mediator who will act as the “go-between.” You can share your needs with the mediator, and they will present options for compromise.
When you reach an agreement, you’ll draft it into a memorandum of understanding. You’ll present this to the judge for final approval.
Sometimes you and your ex may agree on everything through mediation except for one final issue. You might think letting the judge decide is best. However, a judge will often rule rigidly because they won’t have the relationship with the couple that a mediator would.
A mediator will look for creative trade-offs. The goal is to secure your future while resolving these issues so you can start the next chapter of your life. You’re entitled to have legal representation throughout the mediation process.
The family law attorneys at Davis & Associates understand how this process works and can help you get your life back on track.
Pursuing Parental Rights
Under Missouri law, when a child is born to a woman while she is married or within 300 days after the termination of marriage, her spouse is presumed to be the legal father.
If that issue is in question, a petition may be filed asking the court to find that the spouse is not the biological father or legal parent of the child or children born during the marriage. Once paternity is established, the father can seek visitation.
On the other hand, a mother can petition the court for a paternity test to compel the true father to provide financial support. These father’s rights issues are often contentious and should be handled with the support of a family law attorney.
Meet Our Attorneys
Getting the Right Support from a St. Charles Family Law Attorney
Family law matters rarely affect just one part of your life. A divorce can change your finances, living arrangements, relationship with your children, and future plans. Even after an agreement or court order is in place, circumstances can change and require modifications or enforcement. Having an experienced attorney who understands Missouri law and the local court process can help you make informed decisions at every stage.
The attorneys at Davis & Associates provide guidance for a wide range of family law matters, including divorce, child custody, child support, property division, mediation, and parental rights.
Our approach begins with understanding your circumstances, concerns, and long-term goals. From there, we can help you evaluate your options and gather the documentation needed to support your case. We will negotiate with the other party and pursue a practical resolution whenever possible. If we cannot reach an agreement, we can also prepare to advocate for your interests in court.
You do not have to navigate an uncertain family law situation without experienced legal guidance. Contact Davis & Associates today to schedule a consultation. We can discuss what you are facing and help you determine the appropriate next steps to protect your family and your future.
Expert Strategies, Industry Trends, & Firm News
Get In Touch
Change Starts With a Conversation
Schedule a Consultation
Schedule a Consultation
Schedule a call now to discuss your situation with caring legal professionals.