Jackson County General Law Blog

Can you maintain ownership of assets during divorce?

As you and your spouse go through the process of getting a divorce in Missouri, you will be faced with many important decisions regarding your future. Often, these critical choices involve topics related to who will have full custody of your children, if you or your spouse will be required to pay alimony, and how your shared assets will be split. When it comes to dividing property and financial assets, chances are you will not be able to maintain full ownership of these things, but you may be able to split the benefits with your ex. 

While there are many different categories that can be considered assets depending on who you ask, Fidelity Investments shares several common ones that you and your ex may need to consider during divorce proceedings. These include the following:

  • Retirement accounts
  • Your home or other shared property
  • Insurance policies (home, auto, health and life)
  • Social security
  • Taxable investments

Suggestions for protecting children at amusement parks

Each year, hundreds of families' flock to amusement parks all throughout Missouri for the thrill and adventure of big rides. While many visits are successful and leave people laughing about the memories made, there are also times when unfortunate accidents can result in serious injuries. When people are aware of the risks they assume as part of their decision to visit an amusement park, they can be better prepared to make responsible decisions to keep themselves and their children safe. 

According to USA Today, family and adult rides are where a bulk of accidents and injuries occur. In the year 2014, 58 percent of all injuries happened on these types of rides. People who were injured in these types of incidents most commonly suffered head and neck injuries.

How do you get your license back after a DUI?

In many places in Missouri, you have to be able to drive in order to do anything. Taking business trips, getting to work or even running a simple errand all require some time on the road. Public transportation is often inadequate, and chartered services, such as taxis or online ridesharing services, are non-existent, inconvenient or prohibitively expensive as a solution to your daily transportation necessities.

If you need to drive, then it is likely you have some option to reclaim your driver's license— even if it is on a contingent basis. The Missouri Department of Revenue controls the license reinstatement process, and the DOR website lists three steps you might take if you want to attempt to reclaim your driving privileges:

  1. Review your driver's record or the revocation letter
  2. Determine the reasons you lost your license
  3. Take any actions necessary in order to apply for your reinstated license

Did your loved one suffer abuse in a Missouri nursing home?

Nursing homes have a legal obligation to protect residents and provide a certain standard of care to the people who live in these facilities. Sadly, some nursing homes fail in this duty, and the results are injuries and other complications for innocent patients.

If you placed your loved one in a Missouri nursing home, you likely had the expectation that he or she would receive proper care and medical support. It can be devastating to learn that your loved one suffered from medical errors, neglect or abuse, but you do not have to deal with these issues on your own. You may have a valid reason to move forward with a civil claim on behalf of your loved one. 

Knowing patients' rights can help prevent nursing home abuse

Many families go out of their way to take care of aging relatives. They remodel guest rooms, add access ramps to their homes and welcome their new guests. Some Missouri families may not have the resources for so many adjustments, though, even with an abundance of desire to care for elderly parents well.

What that means is they need the services of a facility where their mother or father can have the 24-hour care she or he needs. Making the decision to enlist those services is difficult enough, so when families do decide, they want to know the nurses and assistants at the facility will make their family member's care a top priority. 

Factors that can affect Breathalyzer accuracy

If you are currently facing a drunk driving charge in Missouri, you may have concerns about the penalties you potentially face and how a possible conviction will impact your life. Chances are, you received your charge after blowing into a device called a Breathalyzer, and while, if calibrated and used correctly, Breathalyzers are often accurate, there are a number of factors that can throw off test results. At Kelly, Symonds & Reed, LLC, we are well-versed in the factors that can affect Breathalyzer reliability, and we have helped many Missourians facing drunk driving charges defend themselves.

Per BACtrack.com, one of the most common factors that can impact Breathalyzer accuracy is calibration. To perform correctly, these devices require functional batteries and regular testing and calibration. If a Breathalyzer is not, in fact, calibrated correctly, its results typically are not reliable. Furthermore, like computers, Breathalyzers rely on an electronic software system, and in some cases, the software can be prone to glitches, which can also affect test results.

Grocery stores are more dangerous than they seem

Missouri grocery shoppers know to a certain extent that their food stores are places where injuries might occur. However, it is the responsibility of the supermarket owners to create an atmosphere in which the largest and most predictable risks are controlled. Slips, falls and contact with merchandise-- a box falling onto a customer's body, for example-- are among the leading causes of grocery store injuries, and they are largely preventable.

Besides these obvious injuries, there are subtler forces at work that make a supermarket a dangerous place to be. This is especially true for those who spend the most time in grocery stores: the workers. According to an article in Safety+Health magazine, a publication of the National Safety Council, grocery stores have a higher incidence of occupational injury than many other industries. Even construction workers are safer on the job, statistically speaking. 

Weighing the options concerning your business during divorce

If you are the owner of a small business, chances are, you may have invested a great deal of time and money into making your company successful. After all this effort, you probably don't want to see your company come to harm, but planning for certain life scenarios can be challenging at best.

If you and your spouse have decided to part ways, you might be wondering how the outcome of your divorce will affect your company. While divorce can be a stressful and daunting process, it doesn't necessarily have to spell the end for your business.

Bars should not be violent: part 2

Previously, we discussed two Missouri bar fights, both with dire consequences for those involved. At Kelly, Symonds & Reed, LLC., we believe that a quick drink or an evening of relaxation should never degenerate into shooting, stabbing or other forms of violence. 

Unfortunately, our clients often encounter bar owners and event organizers with a different attitude towards tranquility. One of the more common forms of evidence we see of this violent disposition is when bar owners hire extremely aggressive bouncers. If you have been out drinking in the state recently, especially on busy weekend nights, then you have probably seen one of these burly individuals guarding the gates of every pub and club. 

Bars should not be violent: part 1

Bar patrons in Missouri usually do not expect violence to erupt while they are out having a good time. However, sometimes situations get out of hand. It is the responsibility of the entities that facilitate drinking to prevent these altercations from happening, but they occasionally lapse in their duties.

This was likely the case when a local man was shot as a result of a seemingly innocuous argument. ABC 13 reported about the alleged assault, which escalated quickly and ended in the death of one of the participants in the local alcohol-related incident. This is a rare and extreme case of violence surrounding alcohol, but less extreme events are common. 

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