Question 1

How do I know if I need an attorney?

Accepted Answer

A qualified, experienced attorney can help protect your rights in a case. If you’re wondering whether or not you really need one, consider the stakes: if it is a matter of child custody or criminal defense, you’ll want to have quality representation in a court of law.

Question 2

What experience do you have?

Accepted Answer

Scott Hamblin has nearly two decades of experience as a trial lawyer and has been extensively recognized by his peers and colleagues as a strong advocate for his client base. He practices in the fields of family law, criminal defense, and personal injury.

Question 3

How much is your legal fee?

Accepted Answer

Right from the start, Scott will have an open and honest conversation with you about the fees you can expect to incur over the course of your case. Fees are typically dependent upon the type of case, the length of it, and other factors that vary depending on the legal practice field your case falls under.

Question 4

Do you accept any case?

Accepted Answer

Scott practices in the fields of family law, criminal defense and personal injury. It is best for you to connect with a lawyer who specializes in the field your case falls under. Even if your case is within one of these categories, there are other factors like conflict of interest or not enough proof that can cause a case not to be accepted.

Question 5

Will I have to go to court?

Accepted Answer

There are often times where cases do not make it all the way to court. An experienced lawyer like Scott can often settle favorably beforehand during negotiations, and sometimes that is the better option. However, if you do make it to court, Scott will be a firm advocate for your rights throughout the trial.

Question 6

What do I do if I have a question about my case?

Accepted Answer

If at any point you have a question about your case, don’t hesitate to give Scott a call. He understands the complexities of your case and the resulting anxieties you may feel. He is always available to answer questions and inform you of the legal processes.

Question 7

How Quickly Can I get Divorced?

Accepted Answer

A court can grant a divorce thirty days after the other spouse has been served. Of course, the courts are not always available on day 31 to grant a divorce. Generally, a divorce granted this fast is usually done by an agreement where the spouses have worked out all their issues. Occasionally, a divorce can also be granted where the other spouse simply fails to participate which is fine in cases where there are no assets, debts, and children and people simply need to be divorced.

Question 8

How Much Will the Divorce Cost?

Accepted Answer

The cost of a divorce is generally driving by how much time we spend working on the case. A divorce where the spouses have agreed upon all the issues is going to cost substantially less than a divorce where the spouse doesn’t agree or is not speaking to the other. We do not have the ability to make a spouse agree to a divorce settlement. Some spouses are simply disagreeable. The more complicated issues will result in more time in a case. Divorces that involve businesses, substantial investments, and retirement accounts, and issues of child abuse or neglect are generally more complex and require more time.

We charge a fee deposit. The fee is deposited into our trust account. We then bill the time we spent working on the case and subtract from the fee deposit at the end of the month. We then generate a billing statement at the beginning of the following month that shows the time we spent working on the case, what we earned, and the balance of the remaining fee deposit. If we can resolve the case by a settlement and there is money remaining in the trust account, then the person who paid the deposit will receive a partial refund of the unearned deposit. If the time spent working on the divorce case exceeds the initial fee deposit or if the divorce continues to trial, an additional fee deposit will be required.

Question 9

What Can I Do to Help Save Money During Divorce?

Accepted Answer

We allow our clients to help by collecting documents and evidence that we generally need in a divorce. Certainly, we have the ability to obtain most of the information we need through discovery, but to the extent that our client is willing to help, this can be a cost savings feature that may allow us to consider settlement much earlier in a case.

It’s helpful to collect all the financial information that you can obtain in advance of filing for a divorce. This will include bank account statements, retirement account information, tax returns, and pay stubs. Be sure to obtain your spouse’s financial information. If your spouse owns or has an interest in a business, it’s helpful to obtain the tax returns for the business. If you don’t know anything about the finances in your relationship, you need to attempt to educate yourself.  You also need to obtain the documents of the marital debt that is owed.

Question 10

How Do I Start the Proceedings for a Divorce?

Accepted Answer

A divorce begins by filing a petition with the court. Your attorney will draft the petition for the dissolution of marriage based upon the information you provide. We will also draft the other documents that the court requires based upon the information that you provide. For example, spouses may have children together. We will create a parenting plan which will contain a child custody schedule. In order to prepare a parenting plan, we will need information from you. We obtain this information after meeting with you and also through additional documentation we provide once we have been hired in your case. You should give some thought to the following questions:

What kind of parent is your spouse?
What kind of relationship does your child have with his father or mother?
Does the child have any special needs? What?
What kind of custody schedule do you envision creating, i.e. where will your children live?
Why do you want that particular custody schedule?
What is your plan for exercising custody during the holidays?
Where will the children attend school?

Question 11

How Quickly Can I File for Divorce?

Accepted Answer

A person must have been a resident of the state of Missouri for at least ninety days before you can file a petition for divorce. Generally speaking, the children must have been residents of the state of Missouri for six months before the courts have jurisdiction of a child. Therefore, divorces with children are treated differently than divorces without children.

We can prepare the petition and accompany documents for filing with the court in a matter of a day, assuming that we have all the information from you that we need to draft the petition and accompanying documents.

Question 12

Have You Considered the Consequences of a Divorce?

Accepted Answer

A divorce is a life-altering experience. People separating in a divorce will often experience a change in lifestyle transitioning from a two-income household to a one-income household. Life is going to be different. You need to plan accordingly.

Some people will have lived separately and apart before filing for divorce. Those spouses have usually divided up many of their assets and debts. For people still living together who are contemplating divorce, the process can be more cumbersome.

Question 13

What Is the Difference Between a Contested Divorce and an Uncontested Divorce?

Accepted Answer

Divorces are either the divorce is contested or uncontested. An uncontested divorce occurs where both spouses reach an agreement on all their issues such as who is receiving what assets and who is taking certain debts. This would include an agreement as to child custody and child support where children are involved. We will prepare a settlement agreement. Uncontested divorces are generally resolved faster and cheaper than a contested divorce.

A contested divorce occurs where spouses are unable to agree. A contested divorce involves a trial. A trial is where evidence is presented to the judge. The evidence will include hearing from both spouses along with any other witnesses. The judge will receive documents that are presented. A judge listens to the evidence and then the judge decides the outcome.

Assuming your spouse is not a narcissist, it’s helpful to discuss the subject of a divorce before filing for divorce. Discussing divorce with your spouse before filing for divorce can help you gauge whether your spouse also wants the divorce or if he or she is going to contest it.

Question 14

Can We Use Just One Lawyer for our Divorce?

Accepted Answer

We do not represent both spouses in a divorce. We can only have one client. In a divorce, there is too much risk that spouses disagree, even if the spouses initially believe they have an agreement worked out. For example, if a meeting were to occur where both spouses were present and one spouse would ask a question that is harmful to the other spouse, and that spouse would not want us to answer the question, then there is a conflict. Consequently, we do not represent both spouses. And we will not meet with both spouses.

We frequently will draft all the divorce documents and settlement documents for our client. Our client can then present the proposed settlement to the other spouse for his or her review and signature. This is a method that we frequently use to resolve divorces quickly where our client believes the divorce can be resolved by an agreement. This way, we maintain our duty of loyalty to our clients. But, we also provide the service that our client needs which is to get the divorce resolved efficiently and cost-effectively.

Question 15

What is medical marijuana?

Accepted Answer

Most people are familiar with Missouri’s legalization of medical marijuana. The term “medical marijuana” relates to the laws in Missouri that permit licensed doctors to recommend marijuana for medical purposes to patients with serious illnesses and medical conditions. XIV Section 1. The Missouri Department of Health and Senior Services provides information on how to apply for a medical marijuana card. Department of Health & Senior Services. However, the possession of marijuana without a prescription is still illegal in Missouri. Section 579.015 RSMo.

Question 16

How does the use of marijuana by a parent affect a divorce or child custody case?

Accepted Answer

Courts still can consider a parent’s use of marijuana in divorce and child custody in Missouri. There is no law that prohibits a judge from considering a parent’s use of marijuana in a divorce or child custody case, including a parent’s use of medical marijuana. There are rules for the use of medical marijuana. Is a person following those rules? Or is a parent abusing his or her marijuana prescription?

There may also be evidence of marijuana use by a parent without a prescription. Each person’s divorce or child custody case is unique to those people or that family. Judges decide each case on the evidence presented at trial. There is no one-size-fits-all rule that applies to each case where there is evidence of marijuana use. Circumstances vary in each case, including whether a parent uses marijuana for his or her own personal use, whether a parent grows or sells marijuana, how the marijuana use affects a parent, and most importantly, how the use of marijuana affects the parent’s ability to care for the health, education, and welfare of a child.

Question 17

How can the use of other drugs affect a divorce or child custody case?

Accepted Answer

Drug use or drug abuse is not limited to marijuana. A parent’s use of cocaine heroin, methamphetamine, pills, and synthetic drugs can be presented in court. Judges in divorce and child custody in Missouri will be concerned with the use of these drugs, particularly in child custody cases. Reports exist of people who have died from the use of heroin. People who have attempted to produce methamphetamine create a risk of fire or explosion which creates a risk of harm to a child. And of course, the use of drugs can affect a parent’s ability to actually parent and care for a child. The parent who does not use or abuse controlled substances generally has the better argument to obtain custody of a child.

Question 18

Do I have any chance of keeping custody of my children if I use drugs?

Accepted Answer

Yes. But, not without a change in lifestyle. There are ways that a parent can redeem themselves to improve his or her argument to maintain or obtain child custody.

Question 19

What is the difference between DUI and DWI in Missouri?

Accepted Answer

In Missouri, there is no legal difference between driving under the influence (DUI) and driving while intoxicated (DWI). A DWI in Missouri is given to those drivers who are found to be operating a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. Even if you choose to pull over to the side to “sleep it off,” if you don’t turn off the ignition, you are still considered to be operating a motor vehicle and can be charged.

DWIs are also given to those drivers under the age of 21 who are found driving with a blood alcohol content of 0.02 or higher. Missouri also uses the legal term of Driving Under the Influence of Drugs (DUID). If you are charged with a DUID, whether it’s cold medication or illegal drugs, you will still receive a hefty penalty.

Filing First for A Divorce

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