Law Offices of June Clark, LLC

11/26/2024

Next month it will be 45 years since I graduated from law school. I then began working as an attorney in the private sector. The time has come for me to retire. My office doors will officially close for the last time December 31, 2024. Although I will still be wrapping up a few last cases, I am taking my last bow.

Thank you to the many memorable people -clients, lawyers, employees and judges - who I have been fortunate to meet along the way. Each of you have helped me to grow and to learn.

I count myself blessed to start the next chapter in good health and with joy.

Thank you all.

08/18/2023

A new provision in Missouri law regarding child custody goes into effect in ten days. Every person in a Missouri who has a cae involving child custody currently pending or who is considering such a case should be aware of the change.

Under revised statute 453.375, there will be a rebuttable presumption that equal or approximately equal periods of parenting are in the best interest interest of the child. This change in the law arguably makes it more difficult for a parent proposing that the other parent does not receive approximately equal parenting time to prevail in a trial..

Before this change, the court was already required to make a custody award that was in the best interest of the child. That has not changed.

The practical effect of the new provision will likely be decided on a case-by-case basis. What evidence is sufficient to overcome the presumption will be a process that will be determined over the coming years by the courts.

This change in the law applies to any case which remains pending on August 28, 2023, even if the case was filed before that date.

04/19/2023

This article has great advice for how to behave toward your spouse/former spouse during and after the divorce. So simple, yet few people choose to follow this path.

This is my dad, mowing my mom’s lawn. They’ve been divorced 28 years. https://cafemom.com/lifestyle/215265-dad-mows-moms-lawn-after-divorce?utm_source=facebook_photo&utm_medium=sm&utm_content=littlethings&utm_term=text_photo

11/29/2021

The holidays can be difficult if you are going through a divorce or are newly divorced. It can seem that everyone else is coupled up except you. It can seem as if the world is full of joy just when you are sad. You miss your children when they are spending part of the holidays with the other parent.

So . . . do something kind and unexpected for someone else.

Simply put, we feel better by being kind.

Kindness to others benefits our emotional wellbeing and improves our overall happiness. Desreen N. Dudley, PsyD, a licensed clinical psychologist points out that “Doing a kind act for another person can increase the sense of feeling connected to another person, which in turn helps people see the worth and value in their own lives.”

Practicing random acts of kindness makes people feel helpful, optimistic, and boosts self-esteem.

Do a random act of kindness for someone every day in the month of December. Drop coins into an expired parking meter. Bring a snack to share with your officemates. Hold the elevator for someone. Be a Secret Santa.

"The rewards of acts of kindness are many," says Dr. IsHak. "They help us feel better and they help those who receive them. We're building better selves and better communities at the same time."

Happy Hannukah.

Happy Kwanza.

Merry Christmas.

June Clark

08/23/2021

You want an experienced, aggressive attorney on your side. June Clark is a tough lawyer with over forty years experience. June cares about every client and fights for each one.

08/09/2021

Making the decision to end your marriage is one of the most important decisions you will ever make. Unless abuse is involved, make reasonable efforts to reclaim a healthy marriage.

A divorce affects many aspects of your life: when you will see your children, your financial circumstances, where you will live, if or how long you will work, your emotional health, your physical health and your social life.

The right lawyer will guide you through the process as your vigorous advocate who keeps an eye out for your future well-being in many areas rather than just checking off the legal boxes.

05/02/2021

The most important thing in any case is credibility.

If a witness is shown to be untruthful, the judge can take that into account in determining the case. There is never a reason to lie under oath. Never. No matter what.

Yes, people lie under oath daily. There will rarely be a criminal prosecution for perjury. The penalty is much more likely to be the judge weighing how the case as a whole will be decided in light of untrue testimony.

04/12/2021

The division of assets and debts is a part of every divorce.

Some assets in a dissolution of marriage action are classified as marital. Marital assets, as a general rule, are assets acquired during the marriage other than by gift or inheritance or from assets which existed before the marriage.

Non-marital, or separate assets, as a general rule, are assets acquired prior to the marriage or during the marriage by gift or inheritance. This may also include assets purchased during the marriage with non-marital assets.

These general rules have numerous exceptions and can be complicated.

Also, some assets may have both a marital and a non-marital component.

It is important to seek the advice of an attorney who deals frequently with these issues. It is critical that you protect your non-marital assets and also that you receive a share of all marital assets to which you are entitled.

04/02/2021

Many potential post-divorce disagreements can be avoided by a detailed Parenting Plan. Every Parenting Plan should have a schedule oft the days and times that the children spend with each parent. This includes a holiday schedule and a summer schedule.

For example, an Easter holiday parenting time could say from 6:00 p.m. the Friday prior to Easter Sunday until 6:00 p.m. on Easter Sunday.

Generally, the parents alternate holiday periods of custody.

The Parenting Plan should also state that in the event there is a conflict between the regular custody schedule and the holiday schedule that the holiday schedule will take precedence.

03/01/2021

Many believe that because Missouri is a "no fault" state that marital misconduct - - items such as physical or mental abuse, infidelity, financial misconduct, drug or alcohol abuse, along with other acts of misconduct - - are not relevant in a divorce.

That is not correct.

A "no-fault" dissolution of marriage means that neither party has to allege or prove grounds for a divorce. A party must merely allege or prove (if disputed) that the marriage is irretrievably broken and that there is no reasonable likelihood that the marriage can be preserved,.

Marital misconduct is relevant evidence in a dissolution of marriage proceeding for purposes of (1) division of assets and debts and (2) the amount and duration of an award of maintenance.

The judge will determine what weight, if any, the misconduct should be given.

01/22/2021

Many people believe that there is an age (12 or 14 usually) at which a child of divorce can choose the parent who they will live with under Missouri law. That is not correct. Custody is to be awarded based on the best interest of the child. The statute lists eight (8) factors to be considered by the court in determining custody. The wishes of the child is only one of those factors.