Family Law

• Divorce
  Although the most common divorce process is for each spouse to hire an attorney and litigate the divorce, that is not the only way it can be done. Since more and more people would like to avoid a difficult path filled with conflict, drama, and collateral damage, different methods of moving through the divorce process have evolved. One method of amicable resolution is divorce mediation.
• Child Support
  “Paternity” refers to the process of establishing legal rights to children born outside of marriage.  Many people do not realize that parents of children born outside of marriage do not have the same rights of custody as parents of children born during marriage. In Missouri and Illinois, as in most states, when a child is born outside of marriage, without taking appropriate legal measures, a mother in this situation has no ability to make the father of her child pay child support, and the father has no ability to make the mother of his child provide custodial access.
• Child Custody and Visitation
  The very first question a court must address in any custody dispute is the issue of jurisdiction – which means whether the court has the authority to grant the requested relief. To address the issue of jurisdiction, Missouri enacted the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA.
• Adoption
  Even the intact family can have legal issues. For example, a child may get involved with the wrong group of friends and suddenly face charges in the juvenile court. Or a stepparent may wish to formalize rights to his or her stepchild and need a step-parent adoption. And, unfortunately, domestic violence and abuse can arise, requiring orders of protection.
• Paternity
  Do dads really face discrimination? We must remember that until the last twenty years, courts operated under the “tender years” doctrine, which presumed that children under seven needed to spend most of their time with their mother. And while the law has come far in equalizing rights for parents and enshrined a preference for joint legal and physical custody, presumptions continue, if under the surface. Culturally, we still tend to think of mom and the principal parent or caregiver, which can impact custody schedules in divorce and paternity actions.
• Premarital Agreement
  A prenuptial agreement is a certain type of contract that parties may enter in contemplation of marriage to address how to classify or distribute assets in the event of divorce.  A postnuptial agreement works just like a prenuptial agreement except the parties enter it after they have been married.
• Spousal Support
  Getting divorced can be one of the most challenging things you go through, but it may be especially hard if you are older and have been married for a long time. Divorce after 50, also called “gray divorce,” is not the same as a typical divorce. There may be several differences in the circumstances that may impact things such as spousal maintenance. At The Marks Law Firm, L.L.C., our experienced divorce lawyers recognize the challenges couples over 50 face during divorce – and we are focused on addressing the needs of our older clients. Our knowledge and understanding of the issues help us provide guidance and skilled representation to clients going through the process of a gray divorce.
• Legal Separation
  When a marriage begins to unravel, the parties may wish to separate, not with the intention of ending the marriage, but rather in the hope that the separation will give the parties time to repair the relationship and restore the marriage. In such a situation, the parties should take steps to protect themselves through the legal process. If no one files a Petition for Legal Separation with the court, the parties would be left to themselves to decide custody issues, handle property matters and contend with support, and this type of process easily can leave one party, even both parties, treated unfairly and ruining any chance of restoring the marriage. Bringing the court into the process through a legal separation helps to protect both parties and the children and create the breathing space necessary to give healing a chance to work.
• Annulment
  When a marriage ends, one party may wish to have the marriage annulled rather than pursue a divorce. For example, some religions make it more difficult for divorced persons to remarry within their particular faith. In other situations, the very brief duration of the marriage and the belief of the parties that they both made a mistake and want to “wipe the slate clean” may make annulment more attractive than divorce.

Criminal Law

• Kidnapping
  What can you do in a case of parental child abduction? Parental kidnapping is both a state and federal crime. If a parent takes a child without consent during a time when that parent does not have physical custody of the child, the police, the FBI, the State Department and even Interpol can be of assistance. From a custody perspective, if the abduction has occurred within the United States, the Parental Kidnapping Prevention Act (PKPA), the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) and a writ of habeas corpus can help to reclaim the child. If the abduction has occurred outside the United States, the international treaty known as the Hague Convention on the Civil Aspects of International Child Abduction creates a uniform method of retrieving the child. Both national and international abduction cases are sensitive, emotional and complicated, and require extensive knowledge of legal procedures with which few lawyers have real experience, let alone expertise. At The Marks Law Firm, L.L.C., we have successfully handled interstate and international child abduction cases in state and federal courts.  We have the experience and expertise to help guide you through the proper channels to secure the return of your child.

Business and Corporate Law

• Limited Liability Companies
  Professionals often have their practices in limited liability companies (LLCs), which act like corporations for liability purposes but more like partnerships for income purposes, with flow through taxation.  A tax return likely will not reveal the true income of the spouse or the real value of the business.  Experts, like forensic accountants, would need to be retained to perform these critical valuations.  Also, these experts can offer guidance as to the contribution made by the other spouse to the business.  Did the other spouse work while the “professional” spouse went to school?  Did the other spouse enable the practice to grow by caring for the children or making other contributions? Again, given the potential value of a professional practice, determining the proper valuation will be key to a fair and equitable division of all marital assets.

Health Law

• Social Security Disability
  In other situations, one or both spouses may be receiving Social Security benefits, including Supplemental Security Income (SSI) or Social Security Disability (SSDI). Maintenance payments can affect a spouse’s eligibility for SSI benefits, but the laws that govern such situations are very complex, so it is crucial to work closely with a qualified spousal support attorney as you go through the process.

Trusts and Estates

• Estate Planning
  Getting divorced can be one of the most challenging things you go through, but it may be especially hard if you are older and have been married for a long time. Divorce after 50, also called “gray divorce,” may require several unique considerations compared to a typical divorce, such as estate planning. At The Marks Law Firm, L.L.C., our experienced divorce lawyers recognize the challenges couples over 50 face during divorce – and we are focused on addressing the needs of our older clients. Our knowledge and understanding of the issues help us provide guidance and skilled representation to clients going through the process of a gray divorce.
• Wills
  Even healthy individuals over 50 should think about a future when they may not be so healthy. Statistically, people over 50 run a higher risk of significant health issues that could have a catastrophic financial impact if not addressed prior to divorce. If one spouse becomes ill and has no adequate health insurance, the illness could lead to losses of care or erasing the portion of the marital estate awarded in divorce to cover the medical expenses. Bankruptcy over health costs is increasingly common in retirees. Spouses must decide how to seamlessly assure affordable health coverage up to and through Medicare eligibility. Additionally, spouses need to revisit their living wills and health care directives to remove the former spouse. Finally, each spouse should determine what level of long-term care coverage would be required should one of them become ill and unable to work or provide court-ordered spousal maintenance.
• Trusts
  Any trust in the name of the former spouse will be considered a marital asset subject to division.  Any joint but irrevocable trust that does not have provisions in the trust for division upon divorce will be subject to division by the court.

Finance Law

• Bankruptcy