GAY MARRIAGE IN MISSOURI? OR GAY DIVORCE?
By Alan W. Cohen
Attorney at Law
Gay marriage is unlikely to happen in Missouri at any time in the near future, especially considering the latest polls and the results of Missouri’s presidential primary.
But Gay divorce is on its way, at least a Gay Motion to Modify.
The 9th Circuit Court of Appeals voted 2-1 to invalidate California’s ban on same-sex marriages. Since the Court invalidated the statute without addressing whether Gay marriage is a constitutional right, the Supreme Court is less likely to review the case. As a result, there will be thousands of same sex couples in California seeking to take advantage of this ruling. Eventually, many of these couples, as with straight couples, the marriage will come to an end, and there will be gay divorce in California (or other states that have recognized gay marriage).
So let’s assume that a gay couple has adopted a child, and the gay divorce, say in California, grants custody of that child to one or both parents jointly. Then assume that one of the parents relocates with the child to Missouri, and the other parent soon follows, seeking to enforce or modify the California judgment. Assume that other parent obtains a certified copy of the judgment, and registers it with the court in the county that the relocating parent resides.
Under federal law, Missouri courts must recognize California’s judgment. Thus, Missouri courts must recognize the underlying Gay Marriage.
So, no matter where you stand on the political spectrum, it will happen in Missouri. It’s just a matter of time.
Alan W. Cohen is an attorney licensed in the State Missouri who has practiced primarily in the area of Family Law for more than 20 years. His office is located in Clayton (a suburb of St. Louis).
Visit his website at: alanwcohen.com
By Alan W. Cohen
Attorney at Law
What ever happened to the relocation letter?
What was the hot topic for the past fifteen years is now so cold that we attorneys almost forget it exists.
More than 15 years ago, relocating with a child was strange. If a custodial parent lived in St. Louis City and wanted to move across the river, even if it were fifteen minutes away, you had to go to court to get permission. But if the same custodial parent wanted to move across the state to Kansas City, or the farthest corner of the state, they could do so without even giving notice to the other parent.
The Missouri legislature created a common sense remedy. Any relocation of a child would require notice, even if it was across the street. However, any parent with custody or visitation rights could modify an existing child custody court order with a simple letter, changing the terms of when each parent would see the other parent. No court, no attorney, no fuss.
The new Missouri law made good sense. Parents that wanted to move with their children miles away from the custodial parent would be subject to court sanctions if they failed to give notice. If the parent did give notice, the other parent had 30 days of receiving the relocation letter via certified mail to file an objection with the court. Failing to object meant that the other party no longer had the right to object to the proposed move.
There was a great hoopla throughout the state. TV stations were reporting stories from women who claimed that the new law made it more difficult for them, when, in fact, it made it easier because it placed the burden on the person objecting to hire an attorney and file the objection within 30 days of receipt.
Like many new statutes, there was a virtual explosion in litigation involving the relocation statute. Even if the original judgment did not inform parents of the requirement of written notification, they were held accountable if they moved without giving notice. Then suddenly judges were less and less interested in enforcing sanctions against parents who moved without notice, even if they were not aware that the statute existed. Judges that at first would have entered restraining orders against relocations without notice, then started ignoring the rule and making statements such as: “What do you want me to do, make her move back?” When attorneys answered “yes”, judges would scoff and refuse to enforce the statute. Thus, with the lack of enforcement, the objection became a thing of the past for many.
But this statute has many benefits attorneys choose to ignore. Recently, there was a case where a non-custodial parent purportedly sent a relocation letter to the other parent who had “sole” custody of a child, stating his intention to relocate with the child to California. The letter called for the child to reside mostly with the relocating father. One day, the mother discovered that her child was missing, only to find out from the California police department that the child was residing there and that the father had alleged that he had sent her a letter of relocation. According to the police, it was all legal.
While the mother denied receiving the letter and could challenge it in court, the father in that case shows us all the “lost” remedy is still alive and well.
We just have to use it.
Alan W. Cohen is an attorney licensed in the State Missouri who has practiced primarily in the area of Family Law for more than 20 years. His office is located in Clayton (a suburb of St. Louis).
Visit his website at: alanwcohen.com
SELF-MEDIATION IN A MISSOURI DIVORCE:
“UNCONTESTED” DIVORCES SAVES, TIME AND MONEY
By Alan W. Cohen
Attorney at Law
As a trained, certified Family Law mediator, there is but one basic rule of success. Reasonable people can work out their own agreement.
But real mediation is expensive, and has one huge problem. If it fails to reach an agreement, all of the money spent has been wasted. Two people can sit down with a mediator and agree to everything but the disposition of the family dog, and that issue (or any other financial issue) can be a deal breaker. Once the deal is fall through, however, there is nothing else to do but tool up, and pay up, for costly litigation.
Enter the “uncontested” divorce. It requires but one attorney, and one agreement. All of the negotiation depends on the parties themselves. For as little as $500 plus the filing fee (court costs), two people can get divorced easier than closing on a house, and with fewer forms to sign. All it takes is for an attorney to write up an agreement, called a “separation agreement,” that divides up all of the parties’ property and debt, the parties to sign the agreement before a notary, for the other party to sign a waiver of service, for the client to sign an affidavit and proposed judgment, and 31 days after filing, the parties can get divorced.
If the parties have minor children, a little more work is involved, including a parenting plan with a child custody schedule and child support calculations, with some additional costs, but the process is similar. Some counties require a parenting class at a minimal fee, but who can’t learn something about parenting?
Missouri law allows judges to grant divorces without a hearing, meaning often all that it takes is an agreement and a few signatures for a painless, or less painful, divorce.
After all, it pays to be reasonable.
Alan W. Cohen is an attorney licensed in the State Missouri who has practiced primarily in the area of Family Law for more than 20 years. His office is located in Clayton (a suburb of St. Louis).
Visit his website at: alanwcohen.com
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