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.
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.