The American criminal justice system is diverse enough to accommodate alternatives to jail and prison. An alternative to jail and prison is any kind of punishment, other than imprisonment, given to the perpetrator of a crime. As the average American might be aware, not every crime will result in jail time. For instance, when caught speeding, you will not necessarily go to jail. Therefore, our legal system does have room for imprisonment alternative punishments.

The law recognizes that harsh and stringent penalties are very often not the best way to deal with crime. Since our criminal justice system is focused on rehabilitating perpetrators as opposed to simply punishing them, there are alternatives to imprisonment recognized by the law. If an individual is convicted of a crime, he can be sentenced to jail; however, this approach does not always work when it comes to reducing future crime or keeping the community safe. And that is where alternatives to imprisonment come in. Such alternatives are known by various names, like alternative sanctions, deferred adjudication, etc. No matter the name, the goal of any such alternative is the same, to not imprison the defendant but to provide him with counseling, education, or treatment so he can be rehabilitated.

What are the alternatives to imprisonment?

Such alternatives can consist of treatment programs, diversion programs, or deferred prosecution. Treatment/Diversion programs seek to divert the defendant away from the criminal justice system by “treating” the defendant to the point where he is rehabilitated to become a functioning and productive member of society. Generally speaking, non-violent drug or alcohol offenses for first-time offenders may be eligible for such programs. Therefore, if you have committed such a crime, then your lawyer should make a case for an alternative to imprisonment.

The judge and the prosecutor on the case will generally make the determination on whether a defendant is eligible to participate in a Treatment/Diversion program. If a defendant is deemed to be eligible, then the judge will explain the program to the defendant, as well as go over the requirements for completing the program and the consequences if the defendant fails to complete the program. Ultimately, the decision of whether to participate in the program rests on the defendant. If the defendant decides to participate in the program, the court may condition such participation on the defendant pleading guilty to the crime and then commencing the program. Usually, if the defendant then successfully completes the program, the court will simply dismiss the case, thereby preventing the formation of a criminal record for the defendant. Failure to complete the program, however, could result in the defendant facing jail time.

Another alternative recognized by Missouri law is that of home arrest or confinement, where the defendant is confined to his home instead of prison. Community Service is another alternative recognized by Missouri, wherein the defendants are assigned to non-profit or tax-supported agencies to perform work for the public’s needs. This work is performed as an alternative to imprisonment and has thus far resulted in nearly $3 million in free labor and services for the state of Missouri. Some of these programs might not be complete alternatives to imprisonment but are enacted concurrently with serving prison time. One example of such a program is the restorative justice program. As part of the restorative justice program, for instance, defendants might be able to volunteer at a farm to give back to the community whom they have harmed through their actions. Another form of a restorative justice program could be defendants taking classes where they learn about the impact of their actions on victims and the community at large.

Contact experienced attorneys if you have any questions

If you have any questions about the criminal justice system or are facing your own criminal defense case, then reach out to the attorneys of Marler Law Partners today. Depending on your situation and the facts of your case, a punishment alternative to imprisonment might be available to you. Do not hesitate and contact us today for a free consultation.

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Our legal system is versatile enough to incorporate different ways to resolve our legal disputes. While trials are commonly known to be a staple of our legal system, another method of resolving disputes is through the mediation process. Mediation is a quick process that allows the parties to circumvent the more complicated, and often very expensive, route of litigation and reach a solution. It is a process in which the parties who are in conflict sit down with a mutually selected neutral person, the mediator, to resolve their differences and reach a mediated settlement. This impartial person assists in negotiating and thereby reaching a resolution of the issues at hand. Therefore the mediator – unlike your attorney – is not advocating for your interests but rather, trying to reach an impartial decision.

Mediation can be private or court-ordered and usually can be undertaken in all types of civil disputes. The primary difference between private and court-ordered mediation is that private mediation is optional wherein the parties decide whether to undergo mediation, the time and place of the mediation, as well as who will be the mediator. Whereas a court order mediation is ordered by the court and is therefore mandatory with the court deciding the time, place, and location, as well as the mediator who will preside over the process.

The main difference between private mediation and traditional litigation is that in litigation the process is controlled by a judge who will issue a decision on the dispute at hand. The parties do not have much autonomy when it comes to the litigation process and must follow the oftentimes strict evidence rules to have their position heard. In mediation on the other hand, the parties have more autonomy, especially when it comes to determining where the mediation should take place, who will be present at the mediation, how the mediation will be paid for, how the mediation will communicate or interact with the parties, etc.

It is also worth pointing out that just because you agree to undergo a mediation does not mean that you are forfeiting or withdrawing from the litigation process. You can proceed with mediation concurrently with the litigation process. In other words, you do not relinquish your right to litigate your dispute just because you agree to go through a mediation that turns out to be unsuccessful. If the mediation does not end up resolving the dispute you can continue with existing litigation or you can commence to litigation.

What happens after Mediation?

The goal of the mediation is to reach a mutual agreement on the resolution of the disputes at hand. It can also include the commitment each party is making to the other, a summary of the understanding reached between the parties, the remedies available to the parties if they feel the agreement is not being honored by the other side, etc. A mediation agreement is an enforceable contract, akin to a court order, with which the parties must comply. In other words, a mediation agreement is a binding contract that is enforceable in a court of law. So, if a party simply tries to get out of a mediation agreement just because they have had a change of heart that party could liable to the court and the other side, possibly resulting in sanctions.

We believe there is more to the mediation process than all parties reaching a mutually agreed-upon resolution to their disputed issues. While that’s a common view of mediation and its goals, we understand the conflicts and issues that lead to legal actions often cause extreme stress and trauma. Trauma caused by abuse can take extensive work by professionals to resolve. This is why our firm is committed to providing our clients with trauma-informed legal services.

A key to these services is recognizing the trauma our clients and their families may have experienced prior to our involvement with the client. Understanding this, we make a deliberate effort to reduce the trauma of the legal process, minimize the “re-living” of traumatic experiences, and connect clients with experienced, trauma-informed mental health resources.

In short, we don’t see our partnership with our clients as beginning and ending with legal services.

Call experienced attorneys today

If you are looking for proficient and experienced attorneys to accompany you at a mediation or help you by providing you with trauma-informed legal services, call Marler Law Partners. We are experienced in helping clients in all types of civil mediation and advocating for their interests. Contact us today for a free consultation.

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Parenting is complicated but add to that a mix of former partners who might not be on the best terms and a court-ordered parenting plan, and you have a potential recipe for disaster. In such a situation, one of the parents will often end up violating the parenting plan.

Parenting Plan Explained

After parents separate or divorce, a parenting plan is entered into to decide the parenting rights and responsibilities pertaining to any of their children. Such a plan will cover things like custody, visitation, childcare, school, health care, major decisions for the child, etc. For instance, a parenting plan will delineate how much time each parent will spend with the child. However, just because there is an agreement to such effect does not mean it will always be honored by the parties. A parenting plan can be violated in multiple ways, for instance:

• Arriving late to pick up the child or completely missing the scheduled parenting time
• Exposing the child to potentially dangerous situations
• Not seeking consent from the other parent regarding major decisions for the child
• Preventing the other parent from seeing the child as laid out by the parenting plan

Seeking relief: Holding the violating party in Contempt of Court in Missouri.

Not following a parenting plan is essentially a violation of a court order. However, just because your ex has violated such a court order does not automatically entitle you to relief. Instead, you must ask for it. Depending on the circumstances, if you believe your child is in danger because the parenting plan is being violated, you may need to call the police and then consult with an experienced family law attorney to help you determine what sort of relief to which you may be entitled. Under Missouri Law, you have two options at your disposal.

If you want the non-complying parent to comply with the parenting plan, you can file a Motion for Contempt with the Court. For instance, if your ex is not picking up the children for school as required by the parenting plan, you can file a Motion for Contempt. By filing a Motion for Contempt, you ask the Court to hold the non-complying parent in contempt and enforce the parenting plan. As a penalty, the noncompliant parent could be subject to sanctions like attorney’s fees or the costs incurred by you to make the motion.

A second option at your disposal is to file a Family Access Motion. However, this Motion is only filed if the custody or visitation rights granted to you by the parenting plan are interfered with by your ex without good cause. Under a Family Access Motion, a hearing will be held to determine whether there has been a violation of the order for custody or visitation without good cause, and appropriate relief may be offered.

Contact experienced family law attorneys today

Suppose you believe your ex is violating the parenting plan or are being prevented from seeking the rights granted to you within it. In that case, you should reach out to the experienced family law attorneys of Marler Law Partners. Our lawyers here at Marler Law Partners are experienced in family law. We will work with you to develop the best legal strategy for your case to obtain the best outcome. Call us today for a free consultation.

The post Contempt Of Court: What to Do If Your Ex Violates the Parenting Plan? appeared first on Marler Law Partners.

While embezzlement is a form of theft, there is a significant difference between embezzlement and corporate theft. Embezzlement occurs when someone entrusted with possession of someone’s property, due to their role or employment, breaches that trust by using the property for personal gains. The embezzler, therefore, breaches the trust and fiduciary duty that he had to those who trusted him. Contrary to popular notions, embezzlement does not always occur in high-profile environments like international banks, but it can happen in many environments. A classic example of embezzlement is when an employee whose duty is to make bank deposits uses those funds for his benefit rather than depositing them into the appropriate bank account.

On the other hand, corporate theft is more widely encompassing than embezzlement. It is defined as any form of stealing, using, or misusing an employer’s assets by an employee without the employer’s permission. So, corporate theft is employee theft and can also include embezzlement. Corporate or employee theft can be as simple as stealing the office computer or taking money out of the cash register. Just so it happens, corporate theft is one of the fastest-growing crimes in the United States. Whether you are accused of embezzlement or corporate theft, it should not be taken lightly, as such accusations can have serious repercussions.

What to do if you are charged with corporate theft or embezzlement?

Under Missouri law, no separate statute covers embezzlement, but it is recognized as an offense under the state’s theft laws. The same can be stated for corporate theft. Missouri has no corporate theft-specific statute; it is covered under the state’s theft laws. Accordingly, both embezzlement and corporate theft are punishable offenses under Missouri law. The severity of the punishment will depend on the value of the property or services which have been embezzled or stolen. For instance, if the value of the property or services is $500 or less, it is considered a misdemeanor, punishable by up to 1 year in jail and/or fines up to $1,000. Whereas if the value of the property or services under consideration is $25,000 or more, it is considered a Class B felony, punishable by up to 15 years in prison and/or fines up to $20,000.

However, like with all accusations, you have a right to defend yourself when accused of embezzlement or corporate theft. You may have valid defenses depending on your situation. For instance, when accused of embezzlement, you might be able to protect yourself by arguing that the transfer of funds you undertook was done in error without any malintent. You also may have other valid defenses to accusations of embezzlement or corporate theft, like the accusation being an outright lie, entrapment, or not knowing that the employer owned the assets under consideration. Regardless of your situation, you should consult with a qualified criminal defense attorney who has experience in defending embezzlement and corporate theft charges. An experienced lawyer will not only help you develop the best defense but will also know how to deal and communicate aptly with all the parties involved, including the prosecution.

Contact experienced criminal defense attorneys today

If you are being accused of having engaged in embezzlement or employee theft, then you should reach out to the experienced criminal defense attorneys of Marler Law Partners. Our team of criminal defense attorneys will meticulously go through any pertinent evidence to develop the best defense strategy for you. Call us today for a free consultation.

The post Corporate Theft vs. Embezzlement in Missouri appeared first on Marler Law Partners.

 There is hardly anyone in the United States who has not heard about the reversal of the landmark 1973 Supreme Court decision rendered in Roe v. Wade. The same court, albeit with different judges, proclaimed in 1973 that the United States Constitution grants the right to abortion, has reversed itself. In the recent court case of Dobbs v. Jackson Women’s Health Organization, the Supreme Court overturned Roe v. Wade. However, it is important to note that this 2022 decision does not say that abortion is now illegal. Instead, it says that abortion is not a protected right as far as the United State Constitution is concerned. This decision lets the states decide and rule on the legal status of abortions. Therefore, a state can choose whether to designate abortion as legal or illegal, as many states do.

Will same-sex marriage rights be overturned?

Now the next question is what effect will the overturning of Roe v. Wade have on other rights, for instance, same-sex marriage? In the 2015 landmark decision of Obergefell v. Hodges, the Supreme Court ruled that, per the U.S. Constitution, the right to marriage is a fundamental right, whether it be same-sex or opposite-sex marriage. This meant that any state, or for that matter, federal legislation prohibiting same-sex marriage is illegal. Therefore, this decision legalized same-sex marriage throughout the Union. What is interesting to note is that the Supreme Court upheld both the right to abortion and the right to same-sex marriage under the due process clause of the 14th Amendment of the US Constitution, which protects against deprivation of the right to life, liberty, and property.

Now that the Supreme Court has ruled that the 14th amendment does not protect the right to abortion, the right to same-sex marriage could also lose its status. In other words, in the future, the Supreme Court could rule that same-sex marriage, like abortion, is not a constitutionally protected right. This is exactly what Supreme Court Justice Clarence Thomas insinuated in his opinion in Dobbs v. Jackson Women’s Health Organization, wherein he stated that he would like to reexamine whether other rights granted through the 14th amendment have been done legitimately.

Therefore, there is a known cause of concern here. With that being said, however, nothing is guaranteeing that one day the Supreme Court will rule that there is no right to same-sex marriage in the U.S. Constitution or vice versa, for that matter. Therefore, there is no need to panic now; if you are concerned, you should be vigilant about the Supreme Court and related news. Only time will tell what sort of tangible effect the overturning of Roe v. Wade will have on same-sex marriage rights. If you are in a same-sex marriage, perhaps now would be a good time to contact qualified attorneys to discuss your rights and options if, one day, the Supreme Court were to overturn same-sex marriage rights.

Contact experienced attorneys today.

If you are concerned about Roe v. Wade’s overturn on the right to same-sex marriage, contact the attorneys at Marler Law Partners. Call us today for a free consultation.

The post How will the reversal of Roe v Wade affect same-sex marriage? appeared first on Marler Law Partners.

The recent reversal of Roe v. Wade has ripple effects throughout the world of law and beyond. Whenever any right is taken away, there is a possibility that any similarly protected rights could be taken away as well. For those who might not be too familiar, in 1973, the Supreme Court issued a decision in the case of Roe v. Wade, wherein it declared that the United States Constitution grants the right to abortion. This meant that any law prohibiting abortion was unconstitutional and therefore illegal.

The Supreme Court has recently reversed the decision rendered in Roe v. Wade. In the 2022 case of Dobbs v. Jackson Women’s Health Organization, the Supreme Court stated that abortion is not a right protected by the U.S. Constitution. What this means on the ground is that a state can decide whether to designate abortion as legal or illegal, as many states are doing. A natural concern is what effect the overturning of abortion rights will have on other similarly situated rights like access to contraception, same-sex marriage, etc. These other similarly situated rights, like the right to same-sex marriage, have all been upheld by the Supreme Court under the 14th amendment’s due process clause. However, the Supreme Court has now stated that the 14th amendment does not grant any right to abortion. Therefore, there is a danger that other rights, like same-sex marriage, which were previously given through the 14th amendment, could also risk losing their constitutional status.

Effect of Roe v. Wade being overturned on second parent adoption

Therefore, a valid question on the mind of many is what sort of impact will this have on second-parent adoption? To try and answer that question, we first need to understand what second-parent adoption is. Second parent adoption is a procedure under which a same-sex partner can legally adopt his partner’s biological or adoptive child even if they don’t have a legally recognized partnership. Second-parent adoption is not a constitutionally protected right but is governed by the states as they deem fit.

Not all states enable second-parent adoption for couples who are not legally married or not in a legally recognized domestic partnership. So, in the future, if same-sex marriage is not deemed a constitutionally protected right, allowing states to designate it as illegal, then second-parent adoption might no longer be viable for same-sex couples. This will most likely be the case for states which don’t allow second-parent adoption for unmarried couples or couples not deemed to be in domestic partnerships. Hypothetically, in a state which does not allow a second parent adoption for unmarried couples and same-sex marriage is prohibited, a same-sex couple will not be allowed to undergo a second parent adoption.

If you have already or are contemplating undertaking a second-parent adoption, now would be a good time to contact qualified attorneys to discuss your rights and options if, one day, a future Supreme Court decision could impact your situation.

Contact experienced attorneys today.

If you are concerned about the effect Roe v. Wade being overturned will have on your rights, then reach out to the attorneys at Marler Law Partners. Call us today for a free consultation.

The post How Will the Reversal of Roe v Wade Affect Second-Parent Adoption appeared first on Marler Law Partners.

If you are confused by the term second parent adoption, you are not alone. Many find this term not only confusing but outdated as well as outright discriminatory. However, before we get into all the details we need to first define “second parent adoption.”  A second parent adoption is a legal procedure that allows a same-sex parent, regardless of whether they have a legally recognized relationship to the other parent, to adopt her or his partner’s biological or adoptive child without terminating the first parent’s legal status as a parent.

As per the legal presumption the parental rights over a child go only to the biological or adoptive parent of the child. Therefore anyone who does not have such a relationship with the child will need to technically adopt the child. This is precisely what is known as a second-parent adoption.

Why getting a second parent adoption might be right for you?

So under what context would a second parent adoption might be desired? The need for a second-parent adoption would arise where one partner is biologically related to a child, or where one partner previously adopted a child. The parent who is biologically related to the child or adopted him would be known as the “first parent” in this context. The other parent in such a context would be considered the “second parent.” The second parent would not have any rights when it comes to the child unless he/she formally adopted the child, under a second parent adoption. This is particularly noteworthy for same sex couples who can might need to undergo a same sex second parent adoption to protect their rights. Without such an adoption the “second parent” would not have any rights over the child.

A second parent adoption, therefore, would be a way to ensure that both parents are legal parents and have the same rights over the child in question. Such an adoption would secure the legal parental relationship as well as provide some important rights to the second parent like the right to :

• Consent to medical care for the child
• Make educational, financial decisions
• Protect the relationship with the child should something happen to the “first” parent

Besides from the aforesaid there are other contexts as well which would warrant a second parent adoption, such as:

• When a parent brings a children from one relationship to another
• When a donor sperm or eggs are used to conceive a child who is ultimately parented by those who are not biologically related to him.

While the process of how to go about a second parent adoption would vary depending on the state in which you are in there are some commonalities. Generally speaking, you would file an adoption petition with the local Family or Surrogates court which would then rule on it.

Contact same sex second parent adoption attorneys

If you want to protect your relationship with your child then a second parent adoption might be the best option for you. Therefore, it is very important to work with lawyers who are experts in handling such adoptions. Our team of lawyers here at Marler Legal Partners is well versed and experienced in handling such cases. We aggressively fight for the rights of our clients in order to get the best outcome for them. Call us today for a free consultation.

The post Second Parent Adoption in Same Sex Marriages appeared first on Marler Law Partners.

Domestic Violence is an unfortunate reality which many women and men face throughout the country. Domestic violence, contrary to popular notion, can be physical, verbal, mental and/or emotional. Missouri’s definition of domestic violence is widely encompassing, as domestic violence, under Missouri law, can consist of assault, abuse, threat of abuse etc.

How domestic violence can affect divorce proceedings

If you are someone you love is a victim of domestic violence, Missouri Law allows you to seek a restraining order or order of protection against the perpetrator. This order can direct the abuser to refrain from doing many things including: contacting you, coming within a set number of feet from you, entering upon the premises of your residence and employment, abusing you, etc. An order of protection would be enforceable in every state and also carries with it criminal penalties. Such an order can be sought at the same time as a divorce or custody case. Domestic violence can also have a wider impact on divorce proceedings and can play an integral part in divorce proceedings. Courts will usually take into consideration domestic violence when making decisions regarding division of marital property, child custody, spousal maintenance, etc. Custody of the child is decided as per the best interests of the child, under Missouri law. One of the factors a Judge will consider, when deciding custody, is domestic violence. The Judge will take into consideration whether one spouse has a proclivity towards perpetrating domestic violence, and if so then he/she might be denied custody of the child. An abusive parent can even be denied visitation rights to visit the child, even without a hearing.  Further, a finding of domestic abuse requires a showing of rehabilitation in order to later modify a child custody order.

Filing for divorce based on domestic violence

If you have been a victim of domestic violence you can file for divorce, which is called a dissolution of marriage in Missouri. While Missouri is a no-fault divorce state, Domestic violence is a common reason for individuals seeking divorce in Missouri. Dissolving a marriage will end the marital relationship, put a child custody and child support order in place, as well as divide assets and debts.

In order to file for divorce you will need to file a Petition for Dissolution of Marriage. This is a legal document which asks personal questions about your marriage as well as the reasons for filing a divorce.

We also want you to know that simply filing paperwork regarding being a victim of domestic violence is not typically sufficient; you must be ready to prove it. You may be able to prove that you have been the victim of domestic violence through a number of ways. In Missouri, testimony of one person is enough to prove domestic abuse, provided the judge believes that one witness, and that one witness can be you. However, we typically present supporting evidence to bolster our case if it is available. There may have been a police report made if you had called the police or there may be medical records, or photographs of your injuries as well. There also may be eyewitnesses to your abuse.

Contact domestic violence attorneys

If you have been a victim of domestic violence at the hands of your spouse or partner and want to seek a divorce, then it is very important to work with lawyers who have experience in handling such sensitive cases. Our team of lawyers here at Marler Law Partners is well versed and experienced in handling such cases. We aggressively fight for the rights of our clients in order to get the best outcome for them. Call us today for a free consultation.

The post How Domestic Violence Impacts Divorce appeared first on Marler Law Partners.

While laws recognizing rape as a crime have been around for millennia, marital rape has only been recognized as a criminal category in its own respect very recently. 

Marital rape might be a confusing term, so it is important to first define what marital rape is. 

Marital rape is basically nonconsensual sexual intercourse between a married couple. Some might refer to it as spousal rape. 

Consent is required to have sexual intercourse, even between a married couple, otherwise it could be considered a case of marital rape. 

Various acts could fall under the umbrella of marital rape, such as forcing your spouse to engage in sexual intercourse, threatening or harming your spouse to make them engage in sexual intercourse, or using drugs to make them lose consciousness to perform sexual acts. 

Perhaps a textbook definition of marital rape is when a person outright forces their spouse into having sexual intercourse. However, in certain situations marital rape, can be more complicated than that. 

Oftentimes, marital rape allegations arise when a spouse may have expected consent due to a history of unspoken consent between the couple. Marital rape allegations can also arise when a spouse claims marital rape took place despite not expressing their lack of consent or making it obvious that they are not interested in sexual intercourse. 

Is Marital Rape illegal? 

Marital rape falls under the umbrella of state law as opposed to federal, and each state has its own laws regarding marital rape. While there is no specific law in Missouri which makes mention of “marital rape,” these cases falls under the category of rape in general.

Under Missouri Law, rape can either be first degree or second degree. 

Rape in the first degree occurs when a person has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. A person found guilty of rape in the first degree carries a range of punishment anywhere from 5 years to life in prison.

Rape in the second degree occurs when a person has sexual intercourse with another person knowing that he or she does so without that person’s consent. Rape in the second degree can be punishable up to 7 years in prison. If you are convicted of marital rape, you will also, likely, have to register as a sex offender. 

False Allegations Of Marital Rape 

Unfortunately, false allegations of marital rape are nothing new and are becoming more common. Being falsely accused of marital rape can ruin your reputation and life in many aspects. 

There could be many different reasons for falsely accusing someone of marital rape. Messy divorces or custody disputes might lead to false allegations of rape in an attempt to gain an advantage in the outcome of the case. 

Contact An Experienced Marital Rape Allegation Attorney Today

If you are facing allegations of marital rape, they absolutely should not be taken lightly. 

It is important to work with lawyers who are experts in defending allegations of marital rape. Our team of lawyers at Marler Law Partners are well-versed in defending such allegations. 

In fact, both Sara Marler and Ramona Gau are former prosecutors with extensive experience as criminal defense attorneys, so they understand what it takes to build a strong defense against allegations of marital rape.

Call us today for a free consultation. 

The post What To Do If Your Spouse Accuses You Of Marital Rape appeared first on Marler Law Partners.

This caused a lot of confusion to say the least, as a same-sex couple could have been recognized as being a married couple in one state but not in another. Another confusing aspect was that a same-sex married couple now residing in a jurisdiction which did not recognize same-sex marriages or divorces would have to travel to another jurisdiction if they wanted to seek a divorce. 

With the 2015 landmark Supreme Court decision, same-sex marriages, as well as any rights and privileges that come with it, are now the law of the land. 

A bitter reality for many marriages; however, is divorce, and same-sex marriages are certainly not immune to that (although, the same-sex divorce rate is lower when compared to the heterosexual divorce rate). 

According to at least one report, 15% of same-sex marriages end in divorce within the first 10 years of marriage, compared to 18% of heterosexual marriages.

Same-Sex Divorce Issues

The divorce process for same-sex couples is generally the same as that for heterosexual couples. However, when it comes to dissolving a marriage, there are multiple issues which could come up and would need to be dealt with. 

Some important critical topics which might need to be resolved when going through a same-sex divorce include: 

• The division of property: Any property, including real estate, personal property, bank accounts etc., may have to be divided. 
• Assignment of debt: If there is any debt in the marriage, it must be determined how it will be allocated.
• Spousal Maintenance: The issue of alimony must be resolved.
• Child support: It must be determined how much financial support any children must be given.
• Child Custody: It must be decided who will have custody of the child, as well as visitation rights. 

Some issues, however, are unique to same-sex divorces. If both parents are not the biological parents of the child who is the subject of the child custody dispute, then there could be some confusion on the rights of the non-biological parents in relation to the child. 

Spousal maintenance is another issue which could be tricky in same-sex divorces. Spousal maintenance is usually, partly, determined based on the length of the marriage. In the context of a same-sex couple who might have been together since prior to same-sex marriage being legal and only got married in 2015 or afterwards, the court will have to figure out which timeframe to apply when ruling on spousal support. 

Theoretically, same-sex divorce is handled under the exact same laws and statutes as other family law related issues. 

However, despite the landmark Supreme Court ruling recognizing same-sex marriage as well as the right to divorce, county and state officials could still create problems and difficulties for same-sex couples. Therefore, it is very important to work with lawyers who are experienced in working with same-sex couples. 

Contact Missouri Same-Sex Divorce Lawyers 

If you are going through a same-sex divorce, there will be many potential challenges to overcome. Therefore, it is very important to work with lawyers who are experts in handling same-sex divorce. 

Our team of lawyers at Marler Law Partners are well-versed and experienced in handling such cases. We aggressively fight for the rights of our clients in order to get the best outcome.

Call us today for a free consultation regarding a same-sex divorce or any other family law-related matter.

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