Practice Areas...

DIVORCE & FAMILY LAW

--Divorce

Our philosophy is that the marriage relationship is sacred.  It is literally a covenant between you, your spouse and God.  It is a relationship which is intended to be until “for better, for worse; for richer, for poorer; in sickness, and in health; until death do us part”.  Therefore it should not be entered into lightly or ended lightly.  We do, however, recognize that there are circumstances under which a marriage cannot continue.

In some cases, it is your spouse who believes that the marriage is “Irretrievably Broken”.  In today’s legal arena, that is required to file for a divorce.  Despite the fact that you might not want a divorce, if your spouse wants one, it is almost certain that he/she will be granted their request.  While this is unfortunate, it may put you in the position of being divorced whether you agree or not. In these circumstances you need good legal counsel as to the many aspects of divorce to consider. This will enable you to plan to move on with your life with the best possible result.  

In all cases, we encourage our clients to seek wise counselors to assist them through this difficult time in their lives and to assist in the healing process. Make no mistake that regardless of the circumstances; a divorce is an emotionally trying process.  It will affect all parties, as well as numerous others for a long time to come.  If there are children involved it will effect who they live with, where they live, where the go to school, how they see life, and will no doubt change their life tremendously.  If everyone understands these facts, it assists in either working harder on the marriage or moving ahead toward a new life.

--Legal Separation

The same issues which are addressed in a divorce are addressed in a Legal Separation action.  Issues of maintenance (alimony), child custody, temporary custody, visitation, child support, property division, and debt division are all things which must be determined.  The primary difference is that in the end the Decree of Legal Separation does not finally “end” your marriage.  There is a separate action which is required to convert a Legal Separation into a Divorce.  This can occur at the earliest 90 days from the date of the Decree of Legal Separation upon the filing of a motion by either party. The Decree of Legal Separation can also be set aside upon a joint motion by the parties. 

Many people pursue this type of action in place of a divorce for religious or personal reasons.  Others are attempting to keep health insurance and other insurance benefits in place even after the Decree of Legal Separation.  Caution should be used to determine if, in fact the goal for which the Legal Separation is being pursued can be accomplished.  In recent years many insurance companies, employers and other benefit providers have eliminated the distinction between a Legal Separation and Divorce Decree in order to limit their obligation to continue with certain benefits.  Parties should investigate this issue thoroughly prior to choosing to pursue a Legal Separation as a mechanism to continue any benefits.

Some disadvantages are that the parties of a Legal Separation are not free to remarry until the Decree is converted to a Dissolution; the property division is not modifiable, and one usually needs to hire an attorney to file the proper paperwork to convert the Legal Separation.  Despite these disadvantages, many people prefer this type of action to a Divorce.  

--Annulment

This method of ending a marriage is not often utilized in today’s legal arena.  While the attorneys at Myers Law, LLC have over the years filed and completed annulment proceedings, most attorneys may have never even dealt or considered the possibility.  The essential difference between this and a Legal Separation or Divorce is that it requests the court declare the “marriage” void from the onset.  It essentially declares that a valid marriage never occurred.  While this distinction may not seem significant, it can have long standing effects many issues such as: inheritance rights, maintenance (Alimony), division of property, child custody and support of any children born during the relationship, as well as other important aspect relative to the ending of the relationship.   

There are only a limited number of grounds under which a person can request an Annulment in Missouri.  Some of these include:

1.  Fraud
2.  Lack of capacity to Marry
3.  Spouses are Relatives
4.  Lack of Assent
5.  Impotency
6.  Duress
7.  Age
8.  Criminal Conviction which Precludes Marriage
9.  Lack of Consummation and
10.  Bigamy

There are also defenses and limitations to this type of action.  There are numerous pitfalls and other evidentiary challenges relative to proceeding with this type of action.  It can; however, in the right circumstances better protect your interest than either a Legal Separation or Divorce.

JUVENILE LAW and CHILDREN REPRESENTATION

--Juvenile Law

There are many different aspects of Juvenile Law.  Our firm represents parents, as well as minor children when there are allegations of abuse or neglect which are being pursued by the State of Missouri.  These types of action are generally initiated by someone making a “hot line” call to the Missouri Division of Children’s Services.  After this an investigation is conducted by a Children’s Division worker who then must either substantiate or unsubstantiated the allegation of abuse or neglect.  Thereafter the case is screened for formal court involvement and if sufficient is pursued by filing a formal petition in the Juvenile Court.           

You must understand that a substantiated case of abuse or neglect by either the Missouri Division of Children’s Services or by the Juvenile court against you, or in some cases against your spouse, will result in your name appearing on Child Abuse/Neglect registry which is maintained by the State of Missouri.  This registry is available to law enforcement and possibly to potential employers which can limit and/or prohibit your employability in given areas.  Thus, quick and decisive actions must be taken from the onset of this type of case to protect your rights.

--Juvenile Delinquency

Often times a juvenile is suspected of committing a “crime” (felony or misdemeanor) or other related offense which if the child was an adult would be subject to potential jail time.  In Missouri, most of these “crimes” are pursued in Juvenile Court and not prosecuted under the general laws which apply to adults.  When this occurs, a case is opened and the juvenile will have to face the potential consequences of his/her actions.  Our law firm represents these juveniles within the Juvenile Court system to protect the juveniles' legal rights and to assure that the State of Missouri has a valid case.  Our law firm will represent the juvenile at all stages of this litigation and when necessary goes to trial to make certain that every juvenile is afforded the same rights that all citizens enjoy under Missouri law and the United States Constitution.

--Guardian ad Litem (GAL)

Our attorneys also serve as certified Guardian ad Litems’ (hereinafter referred to as a “Guardian”).  A Guardian is a licensed attorney who has received specialized formal training to deal with issues surrounding children in the family law area.  These attorneys must complete requirements in addition to that of regularly licensed attorneys each year and show proof of compliance each year to the Missouri Bar.

A Guardian must be appointed by the court in family law matters which involve allegations of abuse and/or neglect.  The court may also appoint a Guardian in other cases when custody is being disputed and it is determined that the Guardian can assist the court in determining the best interest of a minor child.  The sole responsibility of a Guardian is to represent the child’s “best interest”.  The court’s depend upon these Guardian’s to make recommendations regarding what is best for the child/children in any custody disputed to which they are appointed. 

Generally the Guardian will do many of the same things as the other attorney involved in the case; however, will normally meet with all parties to determine what interests and goals each has for the litigation.  The Guardian will also, when appropriate, meet with the minor in the litigation to determine their goals, interests and to assist them through the process.  All parties must keep in mind that a Guardian is not obligated to simply advocate the minor’s wishes, but is an advocate for what he/she determines to be in that minor’s best interest.  Thus, the Guardian’s role is different than simply saying that he/she is an attorney for the minor.  As you can see, the Guardian can be the most influential person involve in any custody dispute and should be dealt with accordingly.

PERSONAL INJURY

When we think of a personal injury case, we naturally think of an automobile or truck accident.  While these accidents occur frequently, they are only a portion of the personal injury cases pursued through our courts every day.  Serious injury can occur while using faulty or defective equipment or when someone around us is careless or negligent.  Some of these claims can be resolved through filing a claim with an insurance company, but how can you be sure that you are being adequately compensated for the pain you are suffering, your medical expenses and lost wages?  Our personal injury lawyers are experienced negotiators who will represent your best interests and resolve your case quickly and fairly. 

GENERAL CIVIL LITIGATION

While Civil Litigation contains many different areas under the law, our law firm can handle issues arising either personally or in your business which might arise at any given time.  This includes, but is not necessarily limited to, traffic violations, negotiation of contracts, enforcement of contracts, non-compete agreements, property rights, property damage, slander, libel, defamation of character, or even a conflict with a contractor, company or employee who you have hired.  Our law firm is equipped to handle a variety of different legal matters which come up unexpectedly during the regular course of life.

SIMPLE ESTATE PLANNING

While most people do not like to discuss the topic of death, for all of us it will come.  That is why it is important to address what will happen to the loved ones you leave behind. 

• Are your loved ones provided for? 
• Are they equipped with the knowledge necessary to take care of things
  when you are gone? 
• Do they even know what assets and liabilities exist? 

These are just some of the questions which they will face and you will not be here to help.  Our law firm is equipped to consult you about the different avenues to accomplishing your goals once your life has ended.  We can assist you in drafting simple estate planning documents which will direct everyone in granting your requests with  the issues you have left behind.  If the matter requires a more complex or intricate estate plan, our attorneys have numerous contacts to which we can refer you to assist with whatever your estate planning needs.