Clients have asked over the years what they can do to save money in their divorce or child custody cases. I always have suggestions. I am sharing my most common suggestion – which also happens to be common sense. The largest expense a client incurs in a divorce and/or child custody case is the attorney fees incurred in preparing for trial and trial itself. Eliminating the trial eliminates the expense of those attorney fees. The easiest way to reduce the attorney fees is to avoid trial by entering into a settlement agreement.
A settlement agreement, also known as a separation agreement, is a written agreement whereby Husband and Wife are able to agree how the marital assets and debts are to be divided. In child custody cases, the settlement includes discussing where the child or children will live, how much time they are going to spend with each parent, where the child or children will attend school, etc. The key to a compromise settlement is for husband and wife to be able to communicate. Maintaining the ability to communicate helps facilitate the possibility of settlement rather than trial. Discussing with your spouse what assets or items each person wants are extremely helpful. As you might imagine, incurring attorney fees to argue as to who should be awarded the pots and pans, linens, etc. is not the best use of a client’s financial resources because many household items can be replaced with new items for the amount of money a client will spend in attorney fees. Clients will generally save money in their divorce cases if they can openly discuss with their spouse how to divide certain assets and debts.
Sometimes a husband and wife are unable to communicate with each other during a divorce, either because a restraining order has been entered or because the circumstances leading to the divorce make communication difficult. A compromise settlement can still be achieved even under these circumstances. The key to a compromise settlement is maintaining a reasonable approach to the division of the marital property and debts. Nobody really wants to take all the marital debts but receive none of the marital assets. In other words, a spouse is not as incentivized to settle the divorce case if they can only benefit from a trial.
This article is not intended to suggest that you should abandon obtaining a lawyer. A divorce is filed with a court. Courts are always involved even though lawyers can sometimes obtain a divorce for a client without the client actually attending court. Courts are not user-friendly to those people unfamiliar the rules, procedures and laws which judges are required to follow and uphold.
For more information regarding your rights in a divorce and/or child custody case, please contact me at (573) 821-4013 or by email at scotthamblin@brydonlaw.com.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
Scott was honest, he was straightforward, and the best of all he was good at what he does. He's very knowledgeable and practices his craft well. I had a 10/10 experience with Scott and will trust no other attorney to handle my case.
Scott Hamblin is a great attorney. Between Scott and his legal assistant Madasyn, I felt like all my questions were answered promptly and thoroughly. Scott is very knowledgeable and was very well prepared for trial. I would recommend Scott to anyone needing an attorney.
Can't say enough good things about Mr. Hamblin and his team. They're responsive, treat your case like it's their own, and are personable as can be. Court can be daunting, but they are there to help you through every step of the tough process. Madasyn is part of this team and deserves to be recognized too, as she was friendly and encouraging from beginning to end. They handle it all with ease and you won't regret coming to them for help and advice along your journey.
10/10 recommend Mr. Scott Hamblin. Mr. Hamblin and his legal assistant Madasyn have been wonderful throughout my whole case and very prompt, and helpful the whole time. He was very thorough and left nothing missed during my whole case. Questions were answered quickly throughout the process whether through email, phone or in person. As well as the whole process was explained step by step. I highly recommend Mr Hamblin for any family law matters! I couldn’t of asked for better representation for my case.
I came across Scott Hamblin on the internet and read his bio and was very impressed. I have not been disappointed with his knowledge and understanding. If you are in need of a great lawyer, this is the call to make. You will not regret hiring him. Thank you, Scott.
Scott recently provided outstanding representation for my divorce. He was well-prepared throughout the course of the litigation and trial, resulting in a very favorable outcome for me. Scott is a very bright attorney who takes pride in his work, and it shows. He is truly in a league of his own.
Scott is a phenomenal attorney, no sugar-coating straightforward and to the point. As an older man I found myself in a custody case, and had little hope of any outcomes in my favor. This guy knows his law and his business, and is about it. His personality is soothing and his office is always on point. To say I’m ecstatic with his ability is an understatement.
Scott is the best attorney, hands down! My husband had a fairly difficult case, he had little hope that he’d be able to receive anything he was asking for and Scott helped him achieve everything, very quickly. He’s very professional, compassionate and understanding and works hard to help you achieve the best possible outcome. We are very thankful.
Scott came highly recommended by an attorney friend of mine after I received an unfavorable outcome working with a different lawyer in the area. Scott was smart, pleasant to work with, and achieved the best possible outcome for me. I only wish I would have used him sooner.
We had a very unique case. It was confusing and complicated. Scott stepped in, helped and guided us on our journey. He was knowledgeable, professional and very honest with us. I highly recommend him if you are put in a circumstance where you need an attorney. His integrity is amazing. The entire firm was wonderful to us.
For accessible and experienced representation, contact attorney Scott Hamblin today.