Tomich Law Firm, LLC Tomich Law Firm, LLC 2026-05-30T05:55:27Z https://www.tomichlawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1503192/2022/10/cropped-OG-32x32.png On Behalf of Tomich Law Firm, LLC <![CDATA[How to limit financial damage during a high-asset divorce]]> https://www.tomichlawfirm.com/?p=254889 2026-05-30T05:55:27Z 2026-05-30T05:55:27Z Start with a clear picture of the marital estate A high-asset divorce often involves real estate, business interests and stock compensation. These items can be hard to value, so small errors may lead to serious financial loss. Several steps can help you reduce costly mistakes:
  • Build the right professional team: A divorce attorney, financial analyst or valuation expert can review tax issues, investment accounts and complex pay structures.
  • Organize financial records early: Tax returns, bank statements and business reports can show the full scope of marital property.
  • Check for unusual account activity: Large withdrawals or sudden transfers can raise concerns about wasted or hidden funds.
  • Use independent valuations: Professional appraisals for businesses and investment holdings can reduce disputes over value.
  • Consider mediation or collaborative talks: These options often cost less than long litigation and may keep private financial details out of court.
In Missouri, courts generally divide marital property in a way they consider fair. That does not always mean an equal split. Courts review each spouse’s economic circumstances, contributions to the marriage, separate property and conduct during the marriage.

Protecting your financial footing after divorce

A high-asset divorce can affect your finances long after the case ends. Business value, property division and settlement terms can shape your investments and future stability. Careful preparation can help protect your interests as the case moves forward. Organized records and reliable values may also make settlement talks more focused. With a clearer financial picture, you can make decisions that support life after divorce.]]> On Behalf of Tomich Law Firm, LLC <![CDATA[5 reasons your Missouri prenup may need updating]]> https://www.tomichlawfirm.com/?p=254884 2026-02-26T16:31:05Z 2026-03-05T16:25:34Z Life changes quickly, and your prenup may no longer reflect your current situation. You may have new property, investments or business interests. You may also have a growing family or higher income. Missouri courts enforce prenups only if they were voluntary and conscionable when signed. Reviewing your agreement ensures it still reflects your situation.

How life changes affect your prenup

Life and finances rarely stay the same, so you may wonder when to update your prenup. In Missouri, courts enforce prenups only if they were signed voluntarily, with full disclosure and without unconscionable terms at the time of signing. Life changes do not automatically weaken your prenup, but they can create pressure points that make updates worthwhile. After you marry, you must make any changes in a written amendment or a postnuptial agreement. Ideally, you provide updated disclosures and each spouse works with separate counsel. The need for periodic review highlights key times to consider making an update.

When to consider updating your agreement

Even a well-drafted prenup can become outdated. Common reasons to update your agreement include:
  • Major career or income changes: Your earnings may increase or you may receive executive bonuses that shift financial balances
  • Significant new assets: Real estate, stock options or business equity can raise questions about classification and valuation
  • Changes in Missouri law or court interpretations: State law updates or case rulings may change how courts enforce agreements
  • Family expansion: Children or stepchildren may prompt you to rethink financial plans or property arrangements
  • Previous clauses no longer reflect your goals: Lifestyle changes, retirement planning or charitable intentions may not match what your prenup says
It is important to remember that Missouri law does not allow a prenup to finally set child support or custody. Courts keep authority and can reject agreements that conflict with a child’s best interests. Each reason highlights a potential gap. Updating your prenup can help keep your assets secure and intentions clear.

Keeping your plan relevant

Your prenup is a crucial part of your wealth plan. As your career and assets grow, boundaries can blur. Regularly updating your Missouri prenup does two things. First, it keeps your separate, non-marital assets safe. Secondly, it ensures you manage joint property exactly as you both planned. In financial matters, staying in control is everything. A current prenup reduces uncertainty as life changes.]]> On Behalf of Tomich Law Firm, LLC <![CDATA[What are the steps to finalize a divorce in Missouri?]]> https://www.tomichlawfirm.com/?p=254883 2025-11-25T16:19:15Z 2025-11-25T16:19:15Z Ending a marriage can feel overwhelming, but understanding the process helps you know what to expect. In Missouri, divorce follows specific legal steps that guide how couples move from filing to finalization. Knowing each stage keeps you organized and informed throughout the process.

Filing the petition

The process starts when one spouse files a Petition for Dissolution of Marriage with the circuit court. This document lists basic details about the marriage, property, and any children. The spouse who files becomes the petitioner, and the other spouse is the respondent. After filing, the petitioner must formally serve the papers on the respondent, who then has 30 days to respond.

Meeting residency and waiting requirements

At least one spouse must have lived in Missouri for 90 days before filing for divorce under RSMo § 452.305.1. The law also requires a 30-day waiting period after filing before the court can finalize the divorce. This time allows both spouses to exchange financial documents, discuss terms, and reach agreements without a court hearing when possible.

Resolving key issues

You and your spouse must resolve several issues before the court grants the divorce. These include dividing property and debts, setting custody and parenting time, and determining child support and spousal support. Couples who agree on every issue can submit a written settlement agreement to the judge. When spouses disagree, the court decides under RSMo § 452.330 for property division and RSMo § 452.375 for child custody, based on fairness and the child’s best interests.

Attending the final hearing

After resolving all matters, the court schedules a final hearing. The judge reviews your agreements or rulings, confirms that you met every legal requirement, and signs the Decree of Dissolution of Marriage. This decree officially ends the marriage and sets the final terms for property, custody, and support. Once the decree takes effect, both spouses must follow the court’s orders for finances, parenting time, and other responsibilities. Reviewing the decree and updating documents like insurance, tax forms, and estate plans helps you move forward with confidence.]]> On Behalf of Tomich Law Firm, LLC <![CDATA[When does school schedule prompt custody tweaks?]]> https://www.tomichlawfirm.com/?p=254882 2025-08-26T14:18:36Z 2025-08-26T14:18:36Z Balancing a child’s education with parenting time can feel challenging when school schedules change. Sometimes those changes are small, but other times they may create tension or confusion for families. Understanding when a school calendar may call for adjustments helps ensure children thrive both at home and in the classroom.

Changes in school start and end times

A new school year often brings different start and dismissal times. If one parent handles morning drop-offs and the other manages pick-ups, even a minor shift can create problems. Adjusting the schedule to match the new routine helps children avoid stress and keeps transitions smooth.

Extracurricular activities and sports

Clubs, sports, and after-school programs add another layer of complexity. Practices, games, and performances may conflict with a parent’s scheduled parenting time. If one parent lives closer to the activity or has more flexible hours, modifying the arrangement might make participation easier for the child.

Academic needs and study time

Older children may need quiet evenings for homework, tutoring, or test preparation. If a current custody plan doesn’t allow for consistent study time, families may consider making changes. The goal is to support the child’s education without overburdening either parent.

School changes and longer commutes

Switching to a new school, whether due to grade level or district changes, often means a new commute. Longer travel times can make the current plan unrealistic. Adjusting custody to account for the commute helps reduce late arrivals and ensures the child has more time for rest and learning. Every family’s situation looks different, and adjustments often come down to what most supports the child’s growth. Staying flexible when school demands shift shows children that their education matters and that both parents are willing to work together for their well-being.]]> On Behalf of Tomich Law Firm, LLC <![CDATA[Are child wishes considered in Missouri custody cases?]]> https://www.tomichlawfirm.com/?p=254881 2025-05-29T22:59:19Z 2025-05-29T22:59:19Z Missouri's approach to child custody Missouri has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law ensures consistent enforcement of custody orders across state lines. Yet, Missouri state laws primarily govern custody decisions. Missouri courts emphasize the child's best interests more than anything else when evaluating custody cases. The court encourages parents to reach an agreement on custody arrangements. These include decisions about the child's upbringing and how parents will share time. If parents cannot agree, the court steps in to decide based on Missouri's custody laws.

Considering child wishes

Missouri courts do consider the child's wishes in custody cases. The child's preference is one of many factors that judges evaluate. The court assesses the child's age, maturity, and ability to express a clear and reasoned preference. While the child's wishes hold weight, they do not solely determine the outcome. Judges may talk to the child directly or appoint a guardian ad litem to represent the child's interests. The court looks at the child's overall well-being, family dynamics, and stability in home and school environments.

Best interests of the child

The central focus in Missouri custody cases is the child's best interests. The court considers several elements, such as the child's emotional and physical needs, parental capabilities, and each parent's willingness to support a positive relationship with the other parent. The child's wishes are part of the equation, but the court also evaluates factors like family relationships and the child's adjustment to living arrangements. Decisions aim to create a nurturing and supportive environment for the child. Missouri courts value the child's wishes in custody decisions but balance them with other factors. Consulting a knowledgeable family law attorney can help families understand these considerations and prepare effectively for custody proceedings. An attorney can provide guidance and advocacy to achieve the best outcome for your child's future.]]> On Behalf of Tomich Law Firm, LLC <![CDATA[5 ways to protect your business in divorce]]> https://www.tomichlawfirm.com/?p=254880 2025-03-12T15:49:58Z 2025-03-12T15:49:58Z Owning a business is a major achievement, but divorce can threaten everything you’ve built. Without the right precautions, Missouri’s equitable distribution laws may classify your business as marital property. Taking proactive steps now helps you maintain control and secure your financial future.

Keep business and personal finances separate

Mixing personal and business finances weakens your claim that the business is separate property. Maintain separate bank accounts, credit cards, and financial records. Paying yourself a reasonable salary instead of reinvesting all profits back into the business also shows a clear boundary between business and personal finances.

Use a prenuptial or postnuptial agreement

A prenuptial or postnuptial agreement outlines how the business will be handled in a divorce. These agreements specify whether the business remains separate property or define a fair division if needed. If you don’t have one, you can still create a postnuptial agreement while married.

Establish a buy-sell agreement

A buy-sell agreement sets rules for what happens if an owner divorces. This agreement, often created with business partners, includes provisions that prevent a spouse from gaining ownership or require a spouse to sell any interest back to the business.

Get a proper business valuation

If the business is part of marital assets, an accurate valuation ensures fairness and prevents inflated estimates that could result in losing more than necessary. Hiring a neutral financial expert provides an unbiased assessment.

Negotiate trade-offs in asset division

Rather than splitting business ownership, negotiate other assets to offset the business’s value. Offering real estate, retirement accounts, or investments helps maintain full control of the business. Structuring a buyout plan with scheduled payments also serves as an option. Proactive planning and clear financial boundaries safeguard your business from the impact of divorce.]]> On Behalf of Tomich Law Firm, LLC <![CDATA[How do courts decide spousal maintenance amounts and duration?]]> https://www.tomichlawfirm.com/?p=254875 2024-12-12T16:06:13Z 2024-12-12T16:06:12Z When couples divorce, a court may order spousal maintenance, or alimony, to help the spouse who earns less money. The amount and length of these payments depend on different factors, including the financial situation and roles of each spouse during the marriage.

Looking at financial resources and needs

Courts look at both spouses’ incomes, assets, and debts. They also think about the standard of living the couple had during the marriage. The goal is to make sure both spouses can avoid serious financial struggles. This helps courts decide on an amount that is fair and meets the needs of the spouse receiving the payments without making it too hard for the spouse paying.

Checking earning ability and job skills

Judges consider each spouse’s age, health, education, and work history to see how much money they can earn. If one spouse gave up their career to care for the family or support the other’s career, the court may give them time and financial help to get job training or go back to school. This allows them to become financially independent.

Considering the marriage length and contributions

How long the couple was married before divorce matters a lot. Longer marriages usually mean longer maintenance payments. Courts also look at non-financial contributions, like taking care of the home or supporting the other spouse’s career, when deciding how much maintenance is fair.

Deciding how long maintenance will last

Spousal maintenance can be temporary or permanent. Temporary maintenance lasts until the spouse receiving it can support themselves. Permanent maintenance happens if self-support isn’t possible due to age or health problems. Courts may set an end date or allow changes later if circumstances change.

Changing spousal maintenance

A spouse can ask to change the maintenance terms if something big happens, like losing a job, becoming ill, or remarrying. Courts require proof to make any adjustments, ensuring the payments stay fair for both sides. Understanding these steps can help explain how courts decide on spousal maintenance and ensure fair results for both spouses.]]> On Behalf of Tomich Law Firm, LLC <![CDATA[The importance of self-care during your divorce]]> https://www.tomichlawfirm.com/?p=254872 2024-09-03T18:25:47Z 2024-09-03T18:25:47Z middle of the chaos, it is critical to prioritize self-care. Nurturing yourself physically, mentally and emotionally can help you get through this challenging time in a much better state.

Understanding self-care

Self-care refers to any practice that promotes a person's well-being. It is about making conscious choices to feed your body, mind and spirit. Especially during an experience like divorce, self-care can completely change your experience and make it much easier because caring for yourself makes you stronger.

Caring for your body

There are things you can do to strengthen your body and promote health, even during times of stress. Caring for your body during difficult times can help make it less burdensome on you physically. For example:
  • Eating well and maintaining a balanced diet can help stabilize your mood and energy levels. Whole foods like fruits, vegetables and lean protein help your body stay healthy.
  • Avoid too much sugar and caffeine, which can lead to energy crashes and unstable moods.
  • Exercise, even if it is just walking, at least three times per week. Physical activity is one of the most effective ways to combat stress.
  • To maintain good sleep hygiene, sleep 7-9 hours each night, or however much your body needs. Check-in with your doctor if you sleep too much or too little.
  • Speak with your doctor about personalized health advice tailored to your specific body and lifestyle.

Caring for your emotions

During this challenging time, it is very likely that you will experience an entire range of emotions. Make sure that you:
  • Have a strong support group you can lean on for help and advice
  • Establish healthy boundaries with everyone around you
  • Reconnect with hobbies or activities that you enjoy and that interest you.
Divorce is a taxing journey, and it can take a lot of energy from you. Having an awareness of this can help mitigate stress by consciously interrupting bad habits and replacing them with healthier ones, as well as creating new ones and doing things that support your health and happiness.]]> On Behalf of Tomich Law Firm, LLC <![CDATA[Common reasons for modifying a prenuptial agreement]]> https://www.tomichlawfirm.com/?p=254862 2024-06-04T19:52:13Z 2024-06-09T17:00:27Z Financial situation One common reason for modifying a prenup is a big change in financial circumstances. This can include a sudden increase in wealth, a major financial loss, or the start of a new business venture. When financial situations change drastically, updating the prenup ensures it reflects the current economic reality.

Birth of children

The birth of children often leads couples to reconsider their prenuptial agreements. Parents might want to include provisions for child support or inheritance to secure their children's financial future. By adjusting the prenup, they can ensure better protection and clarity for their family's well-being.

Relocation

Moving to a different state can affect a prenuptial agreement, as each state has its own laws regarding prenups. For couples moving to or from Missouri, it may be necessary to modify their agreement to comply with the legal requirements of the new state.

Health issues

Serious health issues can also lead to modifications. If one spouse faces a significant medical condition, the couple might adjust their financial arrangements. This can ensure the sick spouse receives proper care without financial strain.

Career changes

Career changes often lead to prenuptial modifications. If one spouse leaves a job to support the other or to become a stay-at-home parent, the couple may update their prenup. This adjustment can reflect the new financial dynamics and contributions within the marriage.

Inheritance

Receiving a large inheritance can prompt a prenup modification. Couples may want to protect this new asset or decide how it should be managed. Modifying the prenuptial agreement can address these concerns and provide clear guidance.

New assets

Over time, couples may acquire new assets such as property, investments or businesses. Updating the prenup to include these assets ensures both parties have a clear understanding of ownership and distribution in case of divorce. Reviewing and modifying a prenuptial agreement helps couples adapt to life's changes while ensuring their arrangements remain fair and relevant.]]> On Behalf of Tomich Law Firm, LLC <![CDATA[What constitutes marital property?]]> https://www.tomichlawfirm.com/?p=254861 2024-03-11T22:07:31Z 2024-03-12T22:06:54Z Marital property Marital property refers to assets and debts acquired during the course of a marriage. This typically includes earnings, real estate, personal property and even retirement benefits accumulated by either spouse during the marriage. It is important to note that the emphasis is on the time of acquisition. Anything obtained before the marriage or after the divorce filing generally falls outside the realm of marital property.

Separate property

While marital property includes most assets accumulated during the marriage, separate property is exempt from the division process. Separate property comprises items owned by one spouse before marriage, gifts received individually, inheritances and personal injury awards that are specific to one spouse. It is helpful to gather records and documentation to distinguish between marital and separate property during the divorce proceedings.

Commingled assets

The mingling of separate and marital assets can complicate matters. For instance, if one spouse combines an inheritance with joint funds, determining the exact origin of the funds becomes challenging. Clear record-keeping and communication are necessary to avoid misunderstandings and facilitate a smoother division process.

Equitable distribution

Missouri follows the principle of equitable distribution when dividing marital property. Equitable distribution does not necessarily mean equal distribution, but rather a fair and just allocation based on various factors. These factors may include each spouse's financial contributions, the length of the marriage and the economic circumstances of both parties.

Debt division

In addition to assets, debts incurred during the marriage are subject to division. Both spouses are generally responsible for shared debts, including credit card debts, and the court aims to distribute them fairly. Understanding the nature and amount of debts accumulated is key when navigating the division process. As couples navigate the intricacies of their divorce proceedings, gaining a clear understanding of these concepts can contribute to a smoother and more informed process.]]>