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Marta J. Papa

Marta Papa’s Answers

3 total

  • Can an affair be held against me in a divorce if we have opened up our marriage sexually in the past?

    I recentlly told him about it bacause I want the divorce. The affair happened after years of us experimenting sexually with other people.

    Marta’s Answer

    Since Missouri is a "No-fault Divorce "state, it is possible for you and your spouse to have a non-contested divorce, wherein "affairs" are not even taken into consideration by the Judge.
    "Misconduct" by both spouses can be seen as "leveling the playing field" so that the misconduct is not a big issue. The specific county and specific judge assigned in your case will be very important in deciding how much weight will be given to the marital misconduct. A lawyer who knows the judges' backgrounds in your jurisdiction could be very helpful to you.

    Marta Papa, J.D.

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  • Can I go through mediation instead of expensive contested divorce if there are no assets together?

    I tried to file for uncontested divorce by husband refused to sign because he wants me to "spend" for it. We have a son that resides with me but no assets together. He assists with paying for daycare but that is all he conributes. I heard that ...

    Marta’s Answer

    It sounds like you are wonderful candidates for mediation. Not only is it a more efficient and cost-effective process than litigation, but mediation allows YOU to stay in control of YOUR divorce rather than being at the mercy of a Judge or the court system. In mediation negotiations, both spouses have veto power and have the freedom to customize their decisions in order to find a mutually agreeable solution. Even though you are divorcing, you will still need to find ways to work together to parent your children after the divorce. A good mediator can give you the skills to co-parent and help you plan for a future you can live with. You are making a wonderful choice for yourself and your family. Best of luck!

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