A fellow in the American Academy of Matrimonial Lawyers, she … read rest of article

By Susan S. Jensen

Pratt, Fossard &  Jensen, LLC.

Divorce in Missouri is a comprehensive, easy to read guide to all things divorce in the Show-Me state.    Published by Acorn House, the authors provide a direct, no holds-barred directory to family law in Missouri.  From a useful overview of the divorce process to hints on negotiation, Divorce in Missouri gives the reader a realistic and detailed view of the family law system, and how to maintain your sanity as you navigate your way through it, in just 238 pages.

The authors are Alan Freed and Alisse Camazine, two noted family law practitioners who are partners in St. Louis.  Providing assistance to them is John Pavese, who coauthored Divorce in Vermont in 2003.  Freed and Camazine are both members of the American Academy of Matrimonial Lawyers, and are included in The Best Lawyers in America, as well as in Missouri-Kansas Super Lawyers.  Both have interests outside the law, with Freed having served as assistant director of the St. Louis Symphony Chorus, and Camazine having spent several summers assisting at a village hospital in Nigeria.  Both show particular interest in children with their involvement in organizations that assist kids in family court.  All of this experience is put to good use in their drafting of Divorce in Missouri.

The book is organized in clearly defined chapters, beginning with an overview to help the litigant understand what are, and aren’t, grounds for divorce.  The overall structure of the divorce process is explained well.  A handy diagram is included in the appendix for more visual learners.  The authors give advice on finding a lawyer, including a thorough list of what to bring to the first appointment.  Anyone who followed this list would be a dream client for any family law practitioner.

Next they turn to alternative dispute resolution.  The chapter contains a good overview of how mediation works, which can be a difficult process to explain, as it can vary depending on the parties.  Also included is a chapter on the collaborative law process.  Used more in the St. Louis area of the state, this process is still relatively new and not yet used by many Missouri family law practitioners.  This chapter provides a thorough explanation of the concept and practice of collaborative law that will benefit many attorneys interested in this method for resolving a family law case.

The authors then give the reader detailed chapters on the nitty-gritty of divorce.  Comprehensive discussions on custody, child support, maintenance, and property division give not only a review of the law on each topic, but suggest strategies for resolution as well.  Their recitation of the law is up to date.  Like their dispute resolution section on collaborative law, they continue to suggest the most current strategies used in family court, such as parent coordinators for high conflict families.  The child support section is very detailed, including a discussion on the subject of variable expenses versus duplicated and non-duplicated fixed expenditures that makes most family law attorney’s head spin.  The property chapters go from simple to complex as well, including topics that many seasoned family law practitioners consider to be advanced property law issues.  Although some of the concepts may be difficult for lay people to understand, at least the information is there for them to think about, and ask their attorneys about at the next meeting.

It is such detailed information as this that makes this book useful to both litigants and attorneys.  This book would be an excellent manual for any attorney new to family law.  Not only does it explain the law well, but it gives a great deal of practical advice useful to lay people as well as attorneys advising them.

What is not complex is the author’s use of language.  If it can ever be said that reading about family law is a pleasure, it should be said after reading this book.  The authors use an easy to read, conversational, casual writing style throughout.  For example, the authors point out that “when it gets down to a certain judge on a certain day, well, nothing is certain.”  A subchapter concerning how hiding income does not usually work out well for litigants is entitled, “The Spy Who Loved You.”  The author’s use of sports analogies in their section concerning divorce strategies clarifies their points magnificently.

Although this book certainly would give a reader an in depth understanding of Missouri’s divorce process, it is not written as a do-it-yourself guide.  Throughout the book the authors warn about the perils of self representation.  They strike a good balance between acknowledging and assisting those individuals that will try the pro se route, and pointing out the many benefits of hiring an attorney.  For example, the authors make the point that spending money on a lawyer might be more important to those with less money to lose, than to those with high assets.  They suggest that even if parties work out an agreement on their own, it would be comforting to obtain a professional opinion to make certain nothing is being overlooked.  This is not a book written to put fellow lawyers out of business, by any stretch of the imagination.

Not only do the authors give the readers an understanding of the divorce process, but they also pepper their chapters with helpful advice about the mental process of divorce.  For example, in the section regarding the grounds for divorce, they point out that it is usually much more beneficial for people to exert their energy dividing property and determining a good custody arrangement than laying blame.  Clients who read this book will likely be much easier to work with than those coming to the process blind.

The authors caution the reader in their Author’s Note that they can only speak in generalities, and that the reader’s individual situation may be different than what is usually the case.  While the recitation of the law is spot-on throughout the book, there were some references to procedure that do not apply across the state.

This book is highly recommended to any person about to enter the world of family law, both layperson and attorney alike.

• Promissory Note – Original or Copy
• Deed of Trust – Original or Copy
• Name and address of the note debtor
• Account status information with the date of default and current payoff information
• Written authorization to proceed with foreclosure

Each claim we received is immediately assigned to one of our staff attorneys. Under his guidance, our lien filing professionals work to prepare the lien documents and notices immediately. Our real estate professionals examine the file to ensure that proper notice is being given. Finally, our in-house production and administrative teams see to it that your liens are filed in the proper county.

If you are a subcontractor or material provider, you must personally deliver a notice to the owner of the property at least 10 days before you file your lien of your intent to file the lien if you are not paid.  This is very important.  There is only an exception to this notice in the event the owner cannot be found, or resides outside of the State of Missouri.  Without the 10 day notice, your lien will be invalid.  This 10-day notice is not an actual filing of a Mechanics Lien but establishes the right to file that lien later on if you are not paid in full by your customer.

A Mechanics Lien prevents the owner (who requested the improvements) from selling the property without first addressing the lien claimant’s interest in the property (unpaid receivable). A properly filed mechanic’s lien can ensure the lien holder is paid before a mortgage holder if the property is sold or foreclosed upon.

The filing of a mechanic’s lien will not guarantee payment.  After a lien is filed, if you are not paid, you have 6 months within which to file a lawsuit to enforce the lien.  This is another critical deadline that you must keep in mind.

Because it may take time to properly prepare a valid lien, it is suggested that the lien claimant always get all the information and documents to our firm well in advance of the expiration of the six month window for filing liens.  It is suggested that if you are not paid within no greater than 90 days of your last day on the job, then you contact our firm to discuss the filing of a lien.  We will be glad to help in any way we can.

CONSENT OF OWNER

CONSENT IS HEREBY GIVEN FOR FILING OF MECHANIC’S LIENS BY ANY PERSON WHO SUPPLIES MATERIALS OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT ON THE PROPERTY ON WHICH IT IS LOCATED IF THEY ARE NOT PAID.

OWNERS SIGNATURES: _________________________________________

It is a good idea to the Contractor put it on his notice as well!!

This is only required of subcontractors doing remodeling, repair work, or adding an addition on to an owner-occupied residential property of four units or less.  “Owner-occupied” means currently occupied, intends to occupy, or does occupy within a reasonable time after the completion of the work.  It is only necessary to obtain the signature of one owner.

Regardless of whether you are a contractor or subcontractor, it is a good idea to put the “Consent of Owner” form on all invoices, bids, contracts and statements.  There is no time limit on when you have to obtain the signature on the consent, it can be anytime.

If you are a contractor, i.e. someone dealing or contracting directly with the owner of the property, you must give a very important notice in order to be able to file a lien later in the event of non-payment.  This is what is called the “Notice to Owner”, and it is required by Section 429.012 RSMo.  This must be provided by all original contractors dealing directly with the owner, and it is a good idea to have it on all of your invoices and contracts.  The notice is as follows:

NOTICE TO OWNER

FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC’S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMo.  TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR “LIEN WAIVERS” FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THE CONTRACT.  FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.

This notice must be given by the original or general contractor to the owner 1) at the time the original contract is signed, 2) when the first materials are delivered, 3) when the work is commenced, or 4) with the first invoice.

Second, add this language to your contracts and invoices:

IN SIGNING THIS CONTRACT OR INVOICE, IN THE EVENT OF NON-PAYMENT OF AMOUNTS OWED FOR WORK AND MATERIALS PROVIDED TO YOU BY _____________________, YOU AGREE TO PAY ANY ATTORNEY FEES AND COURT COSTS THAT _____________________ INCURS IN COLLECTING ANY SUMS OWED.

Be sure and have the owners, all of them, sign the contract for the work and it would be good if they signed the invoices also, if possible.  That may be hard to do on every invoice, that is why it is important to at least have them sign the initial contract on the job.

At the time you file your lien as a subcontractor or material provider, you will need to list in as great a detail as possible, all the materials and labor that went into the project, including hours worked by the employees and hourly rates paid.  This needs to be itemized in considerable detail if you are a subcontractor or material provider.

• Name and address of Claimant
• Names and address of all of the owners of the property
• Name and address of contractor
• Section 429.012 notice must have been provided by the Contractor, (usually done with all invoices)
• What deeds of trust are there on the property?
• What is the legal description of property?
• What is the street address of property?
• First day on the job
• Last day on the job
• Attach copies of all invoices with a detailed listing of all materials, labor and pricing
• Amount owed

It is usually best to avoid discussing with the child where he or she wants to live.  Children most often love both parents, no matter how bad one or both may be.  Asking them to say where they want to live puts too much pressure on most children, and actually could end up damaging your  relationship with them.