- DivorceMany divorcing couples wage a long and costly battle through attorneys. When it's finally over, they feel exhausted and embittered, and the children feel hurt and confused. Divorce doesn't have to be a battle. It can be a settlement negotiated by the couple themselves. The mediator helps people examine their situation in terms of their needs and interests. Relevant information is gathered which may include budgets, business records, tax returns, and property valuations. Settlement options are developed and discussed to be sure they fairly meet everyone's goals. Decisions are made which allow each person to realize a positive result. While the primary goal of divorce mediation is to resolve differences, divorce mediation also...
- Child SupportIn Missouri, child support is based on the combined income of the parents, the needs of the child, and the costs of child care and health insurance. In determining whether to order child support, a court will consider...
- Child Custody and VisitationChild custody disputes can be emotionally and financially taxing. Attempting to maintain stability for your child and ensuring his or her well-being, while facing the legal process of instituting or modifying a parenting plan is overwhelming. Hiring a compassionate child custody attorney can take some of the weight off of your shoulders during this difficult process.
- AdoptionThe step-parent adoption process is much easier if both of the child's biological parents consent to the adoption. However, a problem arises where one biological parent consents to the adoption, but the other parent's consent cannot be obtained. Reasons for this include...
- PaternityPaternity disputes arise when there is an issue as to the identity of the biological father. Usually, the issue of paternity concerns unwed couples. Sometimes, it may arise in a divorce case where a third party is alleged to be the father. Under these circumstances, it may be necessary to have the parties undergo blood testing or DNA testing to determine the actual father. It is important to understand that in these cases the Courts are convinced that the rights and future of the child are paramount. Paternity typically revolves around the following issues...
- Premarital AgreementMany couples contemplating marriage, especially a second or subsequent marriage, create pre-marital or prenuptial agreements outlining the rights and responsibilities of each partner.
- GuardianshipA conservatorship is a legal relationship whereby the probate court gives a person (the conservator) the power to make financial decisions for another (the protectee). The court proceedings are very similar to those of guardianship except the court determines whether an individual lacks the capacity to manage his or her financial affairs. If so, the court appoints a conservator to make monetary decisions for the individual. Often the court appoints the same person to act as both guardian and conservator for the individual. Like the guardian, the conservator is required to report to the court yearly.
- Spousal SupportDivorces are stressful. Not only are you ending your relationship, but you're also dealing with things like child custody, spousal support, and division of assets. Navigating the uncertainties of your divorce can be overwhelming without the help of legal counsel. If you need an experienced divorce attorney in Independence, Missouri, you can depend on James Piedimonte, P.C. He also serves clients in Lee’s Summit, Blue Springs, Liberty, and Kansas City.
- MisdemeanorsViolation of the Order of protection is a Class A misdemeanor (455.538 R.S.Mo) -(jail for more than 6 months). If you have a prior conviction of violating an Order it is a Class D Felony. (jail up to 10 years)
- Restraining OrderUnder Missouri's Adult Abuse Law, a person who has been the victim of domestic violence or stalking may obtain from a judge an "order of protection," sometimes called an "ex parte order" or a "restraining order." This order will forbid an abuser from having further contact with the victim. Obtaining an "order of protection" is a separate matter from the criminal prosecution. The prosecutor's office does not represent the victim's efforts to obtain an order of protection; rather, the victim must request it from the court themselves or through a private attorney.
- Personal InjuryA minor needs a guardian/conservator of his or her estate when he or she has or is about to receive, any money or property with a value such as from insurance, from an inheritance, or from the settlement of a personal injury case. A guardianship of the estate is not needed if the only asset of the minor is the right to collect social security benefits.
- Estate Planning
- Power of AttorneyA power of attorney is a document in which you state that you give someone else (usually a relative or friend) the authority to make certain decisions and act on your behalf. The person to whom you give these powers is called an "agent" or "attorney-in-fact." The person giving the power of attorney is called the "principal." Just because the word attorney is used does not mean that the person you give authority to has to be a lawyer.
- Probate