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Frequently Asked Questions about Family Law

Q: What is the legal definition of marriage?

A: Most states define marriage as a civil contract between a man and a woman to become husband and wife. The standard way to marry is to get a marriage license from a state-authorized official and participate in a formal civil or religious wedding ceremony. As of June 6, 2007, Massachusetts is the only state that issues marriage licenses to same-sex couples.

Q: What are the legal effects of marriage?

A: There are several federal and state laws that benefit married couples. Some examples include the right to file joint income tax returns, create a family limited partnership (FLP) under federal tax laws, create a marital life estate trust, receive survivor benefits, receive a share of your deceased spouse's estate under intestate succession laws, and claim the estate tax marital deduction.

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50% of all marriages will end in divorce.

Understanding Your Rights in a Divorce

St. Peters Missouri Divorce Lawyers at the law firm of Farrell & Martin

It’s important to understand what your rights and obligations are in a divorce. At the St. Peters, Missouri law office of Farrell & Martin, our family law attorneys meet one-on-one with clients in order to explain what is involved and what you can expect. Understanding the perspective of the law and how judges view certain facts in a case is crucial for identifying options and preparing accordingly. Since the court always places the interests of children first, preparation of financial records, debts, income reports, and asset portfolios for both parents for the court’s review is essential. Our family law lawyers guide clients through this process, advising them on what will be important to document in custody matters, spousal support motions, and in other family law motions.

Family Law - An Overview

Family law is the term applied to the laws and rules developed regarding family relationships. Family law rules define not only the relationships between members of a family but also between a family and society as a whole. More than any other area of the law, family law reflects the values society shares regarding how people who are related should treat each other. When you are faced with an important life decision regarding a key family relationship, the advice and assistance of a family law attorney often proves crucial to your understanding of the issues involved and your satisfaction with the ultimate outcome of your family law matter.

Typically, family law attorneys assist people in making and breaking family relationships. Specific areas of representation include marriage and relationship planning, divorce, paternity, child custody, and child support. Some family law attorneys also provide assistance in the area of adoption.

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Child Support

There are millions of divorced parents who have sole custody of their minor children. Federal legislation and uniform state laws exist to make enforcement and collection of child support easier for America's single parents. Because every state uses its own guidelines for establishing child support and each has various methods to set support amounts and recover support when it is overdue, it is often important to consult with a family law attorney who is familiar with the child support guidelines and child support enforcement laws in your state. If you have questions about the child support laws in your state, the rules for child support collection and enforcement that apply to your particular situation, or the process to establish paternity, contact a family law attorney at our firm to schedule a consultation.

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Divorce

Deciding to pursue divorce is one of the most difficult and emotional decisions you will ever make, particularly if you have children. Divorce also involves financial matters that must be resolved and legal issues that must be addressed. A family law attorney at our firm can help you to understand the basic issues involved in divorce and to use a rational approach to the divorce process.

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Custody and Visitation

When parents divorce, it is important to learn about the child custody and visitation options that are available and the legal standards that apply. In many cases, divorcing couples can ultimately agree on custody and visitation issues without the need for a court order. When an agreement cannot be reached, knowledgeable advice and representation from a family law attorney can often make the difference.

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Marriage

Marriage is a voluntary, private contract between two adults. While it is a personal and emotional commitment, it is also a legal relationship that changes the legal status of both parties. A family law attorney at our firm can help you to understand the legal technicalities of marriage.

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For more information about how our family law attorneys can help protect and inform you of your rights in a divorce, contact the law firm of Farrell & Martin today. Representing clients throughout St. Peters, O'Fallon, St. Charles, Wentzville, and Lake St. Louis, as well as all of the communities of St. Charles and St. Louis counties, we offer free consultations and are available for weekend and evening meetings by appointment.