Showing posts from October, 2015

Halloween - How It All Began

Halloween is one of the most highly anticipated holidays of the year. As the second highest grossing holiday in the States (right after Christmas), Halloween has people planning their costumes and stocking up on candy weeks in advance. You will probably spend a lot of time planning for and anticipating this great holiday, but do you know how it all got started in the first place? This week, the team at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. are here to take you on an exciting journey through the history of Halloween.

A Changing Of The Seasons
The annual summer and the resulting harvest was an important moment in many traditional countries and cultures. After a long and fruitful summer, families harvested their crops in order to prepare the upcoming winter. October 31st marks the end the harvest and the beginning of the long, cold winter. Many cultures held annual festivals celebrating their successful harvests, giving thanks for a plentiful year and preparing…

What Can Be Included In Your Prenup?

Prenuptial agreements are a key talking point for anyone thinking about getting married in the near future. We have talked about prenuptial agreements and their general purpose in the past, but this week, we're going to take a closer look at which specific elements you can (and cannot) include in this important document. If you need help establishing a prenup at the Lake of the Ozarks, contact the team at Phillips, McElyea, Carpenter, & Welch, P.C.

What CAN Be Included In Your Premarital Agreement?

Prenuptial agreements are powerful documents that can help you enforce several important decisions. Here are some examples of the types of things that can (and should) be included in your prenup:
How property and assets will be divided in the event of a divorceHow financial responsibilities will be handled during the marriageWho will be responsible for paying off premarital debtsWhich property or assets are considered "community property" or "separate propertyHow propert…

Filing A Lawsuit: 5 Mistakes

As with most things, there is a right way and a wrong way to go about filing a lawsuit at the Lake of the Ozarks. In order to be successful, you have to pay close attention to the little details. If you miss even one, you risk jeopardizing your entire case. Here is a quick list of some common mistakes people make and how to avoid them, courtesy of the team at Phillips, McElyea, Carpenter, & Welch, P.C.

Mistake #1: Talking About Your Case
When you're in the middle of a lawsuit, you will probably be contacted by several different parties, including insurance adjusters and your opponent's attorney. The important thing to remember is that you are generally not required to speak to them about your case - and saying the wrong thing could hurt you more than it will help. We recommend eliminating this risk by deferring all communication to your Lake of the Ozarks attorney.

Mistake #2: Waiting Too Long To File Your Case
The Statute of Limitations limits the amount of time you can wait …

4 Myths About Child Custody

Getting a divorce is challenging for a lot of reasons, but custody disputes are quite possibly the most stressful proceedings you will have to go through. As much as we might like to convince ourselves otherwise, it is not necessarily up to us to assign custody of our children after the divorce. The court will make this decision after evaluating which parent will be able to provide for the child's best interests. This week, the team at Phillips, McElyea, Carpenter, & Welch, P.C. is here to dispel some common myths about custody disputes.

Myth #1: Moms Get Preferential Treatment.
This is quite possibly the most widely believed myth about custody disputes - probably because it used to be true. Decades ago, the courts believed that mothers could provide better care to their children than the fathers could, and custody was assigned accordingly.

Today, however, this ruling has changed drastically. Stay-at-home dads are becoming increasingly common, and there is no evidence claiming th…

Do You Need To File A Property Lien?

If you have ever purchased a house, you're probably familiar with the concept of a property lien. Essentially, a lien is a financial hold that is placed against a property when someone has refused to pay the money they owe to another party. With the lien in place, the party who should receive the money can be confident that the current owner will not be able to sell the property without first paying them the money that they owe.

What if you are that person who deserves to be paid, but the other party isn't cooperating? How can you decide if you do need file a property lien - and if you do, how do you know which type of lien to file? The team at Phillips, McElyea, Carpenter, & Welch, P.C. is here to help.

Different Types of Property Liens

Property liens come in several different forms, and each one is specific to a different situation. Most of them are rather self-explanatory, but here are a few examples.

Mechanic's Liens
What happens if you fail to pay the construction work…