Divorce attorney Jeffrey W. Bennett had legally represented Joseph R. Larocca in his divorce proceedings. The plaintiff has alleged that his former client had signed a contract which stated that the defendant would pay attorney fees on a monthly basis at the rate of $250 per hour.
However, Bennett claims that Larocca has not paid him for his legal services for the months of December 2014 and January of 2015. The plaintiff has considered a $4,000 payment that Larocca had made and claims Larocca still owes him $16,605.32.
The lawsuit accuses Larocca of breach of contract and seeks $16,605.32 plus a 12% interest on the amount.
Missouri Divorce Laws
According to St. Charles Missouri divorce attorneys, Missouri is a no-fault state when it comes to divorce litigation. No-fault denotes that it is not mandatory to prove that one of the parties were at fault or are at fault to obtain a divorce certificate successfully. In a no-fault divorce, the couple only needs to state that the marriage is broken irretrievably. It is not necessary to prove fault to be granted a divorce in Missouri. Both fault and no-fault divorces are recognized.
However, if one of the spouses is not in agreement and maintains that the marriage is not irretrievably broken then the other spouse will have to prove fault. Here is a list of actions that can be considered faults:
- Unacceptable behavior
- Continuous abandonment for a minimum period of 6 months
- Agreement to live separately and have lived separately for a minimum period of 12 months
- Lived separately for a minimum period of 24 months
Divorce attorney – should you hire one?
While there is no legal mandate which dictates that each party should hire a St. Charles Missouri divorce attorney, anyone that chooses not to hire one may soon regret their decision. The court will not treat you differently because you are representing yourself. They will expect you to know the finer aspects of the law in addition to being aware of the filing requirements.
They will expect you to know property laws, rules of evidence, and other technicalities which can get over-whelming for someone who is not an experienced professional. When property, assets, money, and children at stake, it is strongly recommended that you hire an experienced divorce attorney. Do not lose sight of what is really important while trying to save a few bucks or you could end up with an unfair settlement.
To be eligible to file for a divorce in Missouri, at least one of the parties must have been a resident of Missouri for a minimum period of 90 days before filing for divorce.
In the event you are not able to serve your spouse with divorce paperwork, Missouri divorce laws allow you to obtain a divorce by publication. A public legal notice will have to be made in a legal newspaper declaring that you are filing for divorce.
A legal website for you
The notice should appear consecutively for at least thirty days. The drawback of this kind of divorce filing is that the court will only be able to dissolve the marriage, and will not be able to rule in matters of child custody, property division, spousal support, and such issues. To hire the most competent and local divorce attorneys, simply check out USAttorneys.com.