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February 2017 Archives

Understanding finances is critical in property division

A Missouri resident who is contemplating divorce, or who has been served with divorce papers, needs to take some steps to prepare for the property division process. One of the first and most important steps is getting a handle on one's own financial situation. A spouse facing divorce will have to figure out what they own, what it is worth and whether it will be categorized as marital or non-marital property.

Don't let an ex-spouse bully you into unfavorable situations

Divorces by their very nature are seldom ever free of disagreements, animosity and ill-feelings between both spouses. After all, if each side were able to work things out and stay happy together, they would not be getting divorced. For divorcing couples who don't children from the marriage, when the papers are signed and the divorce is official, it is possible to walk away without looking back to start your life over. But, if there are children from the marriage, you will inevitably need to maintain some relationship with your child or children's other parent, which means that you will still need to communicate and meet with the ex-spouse for child custody reasons, such as visitation rights.

What is paternity fraud?

The birth of a child is nearly always met with happiness and joy for the parents of the newborn, as well as each's respective families. For married couples, the child's father is presumed to be that of the mother's husband, and this presumption is immediately acknowledged after birth on the child's birth certificate. For unmarried parents, a father can claim paternity as long as there is no dispute as to the paternity of the child with the mother of the child. For births where there may be a question as to who the father is, it is not uncommon to use DNA testing, which can be done immediately after birth or even in the child's pre-natal stage, to determine who the child's paternal father is.

Joseph J. Porzenski
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