Schedule A Consultation
Filing First for A Divorce
Filing First for A Divorce
Is there an advantage to filing first for a divorce? This question comes up occasionally in divorce cases. The answer to the question, like most answers to legal questions, depends on the circumstances of the divorcing couples. Venue (meaning the county where the divorce is heard) is initially established when the petition for dissolution of marriage is filed with the court. Where both husband and wife live in Missouri, a petition for divorce can be filed in the county in which either the wife resides or in the county where the husband resides. So why does it matter who is filing first for a divorce?
A strategic advantage may be gained by the person filing first for a divorce. For example if mother/wife lives in one county such as Boone County and father/husband lives in another county such as Cole County, filing first for a divorce initially sets up where the case will be heard, i.e. the case will be heard in Boone county where mother/wife lives if she files her petition first with the court. One of the obvious considerations for filing first for a divorce is to eliminate travelling to the other county for court. A more important consideration, however, is whether the attitude or perspective of the judges in one county is different than the habits of the judges in another county. Only an experienced divorce lawyer is likely to know the habits and tendencies of the judges from one county to another. But, if the husband and wife reside in the same county, then the advantage to filing first for a divorce is significantly diminished.
Even if one spouse is filing first for a divorce, there exists the opportunity for the other spouse to seek a change of venue or possibly a transfer of venue under the appropriate circumstances. A change of venue or a transfer of venue involves moving the divorce case from the county where the divorce is filed to a different county. When, where, why and how to file for a change or transfer of venue are matters of law that must be discussed with a lawyer. Again, there may be strategic reasons for the move such as having the case heard on your “home turf,” having the case heard by a judge who may be more favorable to your position, and/or eliminating travel expenses. The circumstances of the husband, wife and/or children will likely dictate whether a change or transfer of venue is appropriate or necessary.
For more information on the subject of divorce and child custody, please contact attorney Scott Hamblin at (573) 821-4013, www.scotthamblinlaw.com or www.brydonlaw.com. Scott Hamblin is an experienced trial attorney and a partner in the law office of Brydon Swearengen & England P.C. Scott regularly practices before the courts and judges in mid-Missouri.
Scott A. Hamblin
Criminal Law Case Result
DUI Charges Dropped
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.
Family Law Case Result
Mother Achieves Sole Custody
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.
Criminal Law Case Result
Client Charged with Drug Possession Received a Reduced Sentence
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.
Family Law Case Result
Divorce Client Avoids Court
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.
Criminal Law Case Result
Client Charged with Assault Deemed Not Guilty
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.
Family Law Case Result
Grandparents Receive Visitation Rights
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.
Personal Injury Case Result
Injured Client Receives Compensation
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.
Top-Rated Trial Attorney
What Our Clients Say
S.A.
I have been working with Mr. Hamblin for almost one and a half years and consider him to be one of the finest Lawyers I have ever done business with. Mr. Hamblin’s understanding of Missouri law is to say the least encyclopedic. His areas of expertise are broad and far-reaching. While working with Mr. Hamblin I found that he has an innate gift for what he does. His availability, presence in the courtroom, and demeanor with prosecutors, plaintiffs, witnesses and defendants are unparalleled in Missouri’s capital. Jefferson City is the epicenter of all legislation in this great state of Missouri,…
Excellent and Committed
Scott was efficient and knew his stuff. Very thorough and committed to our family. He had worked on two different cases for us and did an excellent job. No regrets!
ONE AWESOME ATTORNEY
I called Mr. Hamblin to represent my family member. When we went in to have a meeting, Mr. Hamblin was very honest said he felt that he could represent him and help with the matter that he had been charged with. I was so glad that I had contacted Mr. Hamblin on this matter, because he did just what he said that he would do. He did so in a timely and professional matter, and the expense was very minimal considering that this could have been a life-changing matter. I want to say a big Thank you Mr. Hamblin for…
Upfront and Honest
Very upfront and honest about the potential outcomes of my case.
Cannot Thank Scott Enough
Scott Hamblin represented my son in a high-profile case. Scott was highly professional throughout the course of the proceedings, prompt and thorough in answering all of our questions and, most importantly, was very prepared when he represented my son in the courtroom, which resulted in a very favorable outcome. Our family cannot thank Scott enough for a job well done and 5 stars is really not enough. He truly did a phenomenal job. I would have no reservations in recommending Scott should you ever need a criminal defense attorney.
Cared Enough to Really Fight
Mr. Hamblin succeeded in winning a child custody modification case for me that most lawyers I spoke with wouldn't even take on. Many told me that modifying a child custody agreement was nearly impossible. Due to the changes at my children's Father's house and the toll it was taking on their mental health, my children needed this modification and were begging for a change. Mr. Hamblin helped give my children a voice and get what they call "A Christmas Miracle" when we won full custody of them a few days before Christmas. I would recommend his counsel to anyone needing…
Life Saver!
I am so grateful that I hired him, he gave me hope to overcome my fear and anxiety. Now my case was dismissed because of his hard work. Thank you so much Attorney Scott. May God bless you, and keep continuing to save people's lives!!!
Exceptional Representation
There are no words to express how grateful I am for the opportunity to be represented by Mr. Hamblin. I have enjoyed working with him and his assistant, especially through some of the most challenging moments of my life. Selecting someone to handle your case can be a very difficult decision to make, but even from the moment I arrived at the office for my consultation, I knew I had found the right attorney. Thank you so much for a positive outcome, Mr. Hamblin!
Couldn’t Have Asked for Anyone Better!
I got stuck between a rock and a hard place in my situation as was in need of help. Scott was appointed to be via public defender for a federal case and I could not have wished for a better lawyer and overall individual. He would show up for me while I was incarcerated on the weekend when he had time and would also work around my work schedule to meet while I was not incarcerated. He extensively researched my case and talked to me like a human rather than another client. He's very kind and will tell you the…
Compassionate and Honest
Scott is a very compassionate but honest man. I have known Scott for 10+ years. I met him while fostering children with Cole County Children's Division. When he became the adoption lawyer for Cole County Children's Division in 2007 my husband and I were one of the first to use him to become adoptive parents to our then two-year-old foster son. Our son just turned 13 years old this year. In 2013, he represented my husband and me to get guardianship for our foster daughter. We are beyond blessed to have such a great guy like Scott to represent us.…
Capable Hands
Contact Us
For accessible and experienced representation, contact attorney Scott Hamblin today.
Office Location
NUVEW | Copyright 2022 All Rights Reserved | Accessibility Notice
The choice of a lawyer is an important decision and should not be based solely upon advertisements. Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.
