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Cuba Missouri Legal Blog

Why does divorce cost more for women over age 50?

While divorce rates have fallen for the general population in recent years, many studies have shown that rates have remained high or even increased for Americans over age 50. Some commentators have referred to the phenomenon as "gray divorce."

A recent study by the National Center for Family & Marriage Research at Bowling Green State University found that gray divorce can take a larger financial toll on women. This is because women typically make less than men and are often reliant on a husband's income. A divorce after 50 cuts a person's wealth roughly by half, but since women make less than men, they have a harder time making up for the loss. Thus, their standard of living tends to drop 45% while men in this age group experience a drop of only around 21%.

Child custody and allegations of abuse

There are many reasons why parents in Missouri part ways. One reason may be due to domestic violence. This can be a very concerning, scary and dangerous situation, causing some parents to take legal action to ensure their safety as well as the safety of their child. Unfortunately, these child custody matters can get extremely emotional and complex.

A recent study, which is the first of its kind, sheds light on the unfortunate child custody issue. In matters that involve allegations of domestic violence and child abuse, the study found that the court is more likely to place the child in the care of a dangerous parent rather than believe these claims and take appropriate measures to ensure the safety of the children involved.

Asserting a strong defense against a DWI charge

When motorists in Missouri are stopped by law enforcement, it may not always be clear why he or she was stopped. However, if a driver is suspected to be under the influence of alcohol, this could result in serious charges. Depending on the circumstances around the stop and allegations, one could face harsh penalties if a conviction results. Thus, it is imperative that those accused of a DWI understand their rights and defense options, as this could help them clear their name and avoid criminal consequences.

In order for law enforcement to make a lawful stop, there must be probable cause. At Paulus Law Firm, LLC, our skilled attorneys will take the time to ensure a lawful stop was conducted. In addition, we will explore any steps and procedures taken during and after the stop. This includes the field sobriety test, breath tests and even blood tests. If police failed to follow proper protocol, this could give cause to challenge them and the evidence collected by these steps.

Isn't a DWI checkpoint a violation of a driver's rights?

Under Missouri state and federal law, as well as case precedent, law enforcement officials are permitted to use drunk driving checkpoints to stop drivers and assess them for possible intoxication. During the 4th of July holiday week, drivers may notice more of these checkpoints as police look to stop drivers that they perceive to be dangerous. However, the random stopping of drivers at checkpoints may seem contrary to individuals' personal right to privacy and the protections provided to them in the Fourth Amendment to the United States Constitution.

Under the Fourth Amendment individuals are to be protected from the unreasonable searches and seizures of their persons and property. During a sobriety or DWI checkpoint, it is important that law enforcement officials execute their tasks with these considerations in mind. In order for a checkpoint of this nature to be permissible, it must balance a strong public need against the invasion of privacy individuals may experience.

Will separate bank accounts protect you during divorce?

It may seem like an obvious statement, but a major part of divorce is dividing the assets of the spouses. In marital property states like Missouri, all the assets you acquire during your marriage belong to both spouses in the eyes of the law. This means that if you and your spouse divorce, the court will divide your marital assets in the most fair and equitable way possible.

You may want to take every precaution for protecting yourself financially in case your marriage comes to an end. You already know that divorce can create financial struggles, so you may want to keep your own assets separate from your spouse's. However, some methods of protecting your wealth are much less effective than others.

Drug paraphernalia and possible criminal charges

Possession of drug paraphernalia in Missouri can land a person with a misdemeanor charge and some serious consequences to face if they are convicted. Even as some drug laws are changing throughout the nation, it is still illegal in many places to possess certain drug-related items that may be used to inject, ingest, grow, cultivate or otherwise use illegal substances. Drug paraphernalia can take on many forms and can sometimes be mistakenly identified as such when individuals actually own innocuous items.

For example, a person may be charged with possessing drug paraphernalia if they have on their person a pipe that law enforcement officials associate with marijuana use. Even if the person does not have marijuana on their person they may still be charged with drug paraphernalia. However, if their pipe is actually only used for tobacco then their charge may be based on faulty grounds.

What is the purpose of alimony?

There are many different reasons that Missouri residents decide to end their marriages. While fault may serve as the bases for some divorces, other marriages may simply breakdown over time and leave the parties more interested in moving forward on their own. When two married people formally split up and engage with the legal process of dissolving their union, they will be confronted with many important issues to resolve.

One of the most significant issues that parties can face when they divorce is alimony. Alimony is the payment of money from one formerly married person to their ex. Alimony exists because not everyone is financially able to support themselves when they exit their marriage and they may need help to get back on their feet for their future.

Understanding a parent's role as a child's physical custodian

When a married couple has a child there is no question that the partners are responsible for raising and caring for their offspring. The child's parents must provide them with food and shelter, love and comfort. When their parents are married the child may have the benefit of living with two adults and having the support of both their mother and father in the same home.

However, as readers of this Missouri family legal blog know, not all marriages last and not all couples choose to stay together. When divorce affects a family, the care and welfare of a child may be of the greatest importance to their parents. Finding a way to provide that care, though, can be a challenge when parents no longer want to associate with each other.

Marijuana charges are serious legal problems

Although some people may not view marijuana as a serious drug, it is significantly punished under the laws of the state. Individuals should not take marijuana charges lightly, which is why they may benefit from legal counsel and criminal defense planning.

Marijuana charges can come from different forms of allegedly illegal conduct. Possession of marijuana may be considered criminal, and people who are accused of selling marijuana may also face criminal sanctions. Individuals who are involved in the alleged trafficking or distribution of marijuana can be prosecuted by state and federal authorities, which may lead to significant periods of incarceration upon conviction.

Cocaine-related accusations can lead to felony charges

Many people in Missouri know someone who has a substance abuse problem or have a problem themselves. Though these individuals often need help to get their lives back under their own control and not be at the beck and call of an illegal drug, it can be difficult for them to receive that help or even want that help before they face a serious predicament.

If you or a loved one is facing charges for cocaine-related allegations, you may feel at a loss. Cocaine charges can come with severe consequences in the event that the court hands down a conviction on the allegations. As a result, you may want to gain information on state laws regarding this type of scenario in efforts to help yourself or your loved one better understand this predicament.

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