FAQ

Answers to common questions.

The questions below come up often in initial consultations. They are general information, not legal advice for your specific situation.
How do I know if I need a lawyer for my family law matter?+
If your case involves children, a contested divorce, division of significant assets, or any disagreement that the parties cannot easily resolve themselves, having a lawyer is almost always worth it. Family court orders are binding and difficult to undo once entered. An experienced attorney helps you understand the long-term implications of decisions made in the short term, and ensures the resulting orders are clear, enforceable, and reflect what you actually agreed to. Even in uncontested cases, having counsel review your paperwork can prevent expensive problems later.
How does Missouri calculate child support?+
Missouri uses the income shares model, applied through a worksheet known as Form 14. The court considers both parents' gross incomes, the cost of work-related child care, the cost of health insurance for the children, the number of overnights each parent has, and certain other adjustments. Form 14 produces a presumed amount, which the court generally orders unless someone can show it would be unjust or inappropriate. Small differences in the inputs can produce meaningful differences in the result, which is why getting the calculation right at the outset matters.
What is the difference between legal and physical custody?+
Legal custody is decision-making authority for major issues affecting the child: education, non-emergency medical care, religious upbringing, and the like. Physical custody is the schedule that determines where the child lives and when. Either form of custody can be joint or sole. It is common in Missouri for parents to share joint legal custody while one parent has primary physical custody, but every family is different and the right arrangement depends on the specifics of the case.
How long does a divorce take in Missouri?+
Missouri requires a 30-day waiting period from the date of filing before a divorce can be finalized. In a fully uncontested case with no children and limited assets, the entire process can take a couple of months. Contested cases involving custody, business interests, or significant property typically take six months to a year, sometimes longer. The realistic timeline for your case depends on what is in dispute and how cooperative both sides are willing to be.
What does a real estate attorney do that a realtor does not?+
A realtor markets, shows, and negotiates the basic terms of a property transaction. A real estate attorney reviews the legal terms of the contracts you are signing, identifies risks in title and disclosures, advises you on contingencies and inspection responses, and is positioned to actually defend you if something goes wrong. Realtors are not licensed to give legal advice, and they cannot represent you in litigation. For high-value or unusual transactions, having an attorney review documents before you sign is one of the most cost-effective protections available.
What is a title claim and how do I know if I have one?+
A title claim arises when something on the public record clouds your ownership of a property: an old mortgage that was never released, a lien from a prior owner, a boundary issue, or a missing heir on a deed. You may discover a title problem when you try to sell or refinance, or when a title insurance company refuses to issue a policy. If you receive notice of a title defect, an attorney can usually evaluate whether it is fixable through routine paperwork or whether a quiet title action in court is needed.
What counts as a breach of contract in Missouri?+
A breach occurs when one party to a valid contract fails to perform an obligation the contract requires, without a legal excuse. The classic examples are non-payment, non-delivery, or failure to perform a service on the agreed terms. Missouri courts can award money damages, and in some circumstances may order specific performance or injunctive relief. The first step in any contract dispute is a careful read of the agreement itself: many contracts include notice provisions, cure periods, and dispute-resolution requirements that have to be followed before suit.
What is the difference between guardianship and conservatorship?+
Guardianship is authority over the person: where they live, their care, their day-to-day decisions. Conservatorship is authority over the estate: bank accounts, real estate, investments, and financial decisions. The same individual can be appointed to both roles, or different people can serve in each capacity. Both require a court process in Missouri and ongoing oversight, including reports to the court.
How do I get started with Knight Law?+
Most matters begin with a phone call to (636) 947-7412 or a message through our contact form. We will ask a few questions about your situation, identify whether there is any conflict that prevents us from representing you, and schedule an initial consultation. We will be candid about whether your matter is something we can help with, and if it is not, we are usually able to point you in the right direction.
What should I bring to my first consultation?+
Bring any documents that relate to your matter: contracts, correspondence, court paperwork, deeds, prior orders, anything in writing that gives context. If you cannot lay hands on everything before the meeting, that is fine: bring what you have. We would also recommend writing a short timeline of events. Even a one-page summary of what happened, in order, makes the consultation far more productive.
What areas does Knight Law serve?+
We are based in St. Charles and represent clients throughout St. Charles County, including St. Charles, St. Peters, O'Fallon, Wentzville, Lake Saint Louis, and the surrounding communities. We also handle matters in surrounding Missouri counties.
Does Josh Knight handle cases in courts outside St. Charles County?+
Yes. Josh is licensed to practice throughout the State of Missouri and regularly appears in courts in St. Louis County, Lincoln County, Warren County, and elsewhere in eastern Missouri. If your matter is outside the immediate area, we are happy to discuss whether we are the right fit.

Talk With an Attorney Who Knows This Community

Knight Law has been part of St. Charles County for more than two decades. When the stakes are personal, that experience matters. Reach out to start the conversation.