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Cole County Divorce Lawyer

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Cole County Divorce Lawyer

Cole County Divorce Lawyer

I am a Cole County Divorce Lawyer. I regularly represent clients in divorce proceedings in Jefferson City, Cole County, Missouri. I appear before Cole County judges at least weekly and sometimes multiple times a week. Jefferson City is the seat of government for Cole County as well as the State of Missouri. I am familiar with all of the judges which provides a benefit to my clients. I understand the expectations of the judges as well as their views on certain issues. This insight allows me to better represent my client in a divorce proceeding.

My office is located on the same block as the Cole County Courthouse. My office’s convenient location saves my client money because I do not incur travel expenses that other people will incur in hiring a lawyer further away from the courthouse. Avoiding unnecessary travel expenses is one way a person can save money when it comes to hiring a divorce lawyer.

What Are the First Steps to Hiring a Cole County Divorce Lawyer?

I have encountered many individuals who are surprised to learn that there are laws that must be followed in connection with a divorce proceeding. I can assure you that there is nothing simple about litigating a dissolution of marriage case. There are always details to be addressed. Many times, my clients may have given some thought to certain aspects of their divorce, but not in the detail the law requires. Or sometimes, there are issues that I need to address that my client hadn’t considered at all. For example, we cannot resolve a child custody dispute without also resolving the issue of child support.

My job begins with first speaking with my client to figure out why my client wants a divorce. Even though Missouri is what I consider a modified no-fault state, it’s still important to learn why my client wants or is considering a divorce. By a modified no-fault state, I mean that Missouri doesn’t require an individual to prove a particular reason for a divorce. Most of the time, it’s sufficient to claim that the marriage is irretrievably broken as grounds for a divorce. Occasionally, one spouse may contest the divorce, claiming that the marriage is not irretrievably broken. In those situations, I am then required to prove grounds for divorce. This is one of many reasons why it’s important to learn as much as I can about my client and what has occurred in the marriage leading up to this point.

What Do You Mean That I Must Follow Rules to Obtain a Cole County Divorce?

I am always amazed by the reactions of individuals when they learn that there are laws that must be followed in order to obtain a divorce. I acknowledge that it’s easier to marry than divorce. Getting a divorce does not mean that a person gets to do whatever they want. I am further amazed by individuals who ignore or refuse to follow the orders of the court. A court order has the same effect as if a law was enacted by the Missouri General Assembly. Failure to follow a judge’s order can result in a person losing their divorce case. A judge has considerable authority under the law to make rulings. These rulings can result in a court awarding some or all of the marital assets in a divorce to the other spouse where a party fails to comply with the court rules.

The Circuit Court of Cole County has numerous local rules that must be followed in addition to statutes, court cases, the Rules of Civil Procedure, and the Rules of Evidence. Suffice to say it’s not enough for a client to simply understand what has occurred in their marriage. What has occurred during a person’s marriage that has led to this point is only one part of a divorce proceeding.

How Does the Divorce Process Begin?

The divorce process begins by filing a petition for dissolution of marriage. The petition for dissolution of marriage is the document that is filed with the Cole County Circuit Clerk’s Office that begins the divorce. Missouri law requires that the petition set forth the facts that support why the court should grant the divorce as well as the relief a person is seeking. By relief, I mean that a court cannot grant a person’s request in a divorce if the person has not set forth information in their divorce petition.

The Cole County Circuit Clerk’s office will then prepare a summons. A summons is a legal document that must be delivered to the other spouse. The summons notifies the other spouse that a divorce petition has been filed with the court. The summons also provides notice that a person must respond to the petition. Failure to respond to the petition for dissolution of marriage can result in the court taking action to rule in favor of the person who filed for the divorce.

What Happens in a Cole County Divorce Proceeding?

What happens next in a Cole County divorce proceeding often depends on how the other spouse reacts once they have been served. I often don’t know how the other spouse feels about the divorce. A divorce is an emotional process. A spouse’s emotional or mental state plays a significant role in the divorce. Some spouses may have anticipated the filing of a petition for dissolution of marriage. Spouses may have already physically separated, with one spouse having already moved out. Sometimes, spouses have not left the home, but they may be staying in separate bedrooms. Usually, in these unique situations, a spouse is not surprised by the filing of a divorce petition.

There are other times when the service of a divorce petition is unexpected. These particular divorce proceedings tend to be emotionally challenging. One spouse may be emotionally done with the marriage. The other spouse, though, was unaware that the divorce petition was filed. That spouse may experience a range of emotions, including anger, disbelief, and grief. There is an emotional process a person may go through before that person ever gets to the point of acceptance. In this case, a divorce may take much longer to resolve because a person is not ready or willing to cooperate in the divorce process.

Cole County Divorce Lawyer Representing Clients in Centertown, Jefferson City, Taos, and Wardsville, Missouri

There are numerous communities and towns in Cole County. I have represented individuals in many communities and towns in Cole County, including, but not limited to, Centertown, Jefferson City, Taos, and Wardsville. Many of my clients also reside outside of Cole County because they may have moved before the petition for divorce was filed. I also represent individuals who live in other parts of Missouri and other states who have divorce cases filed at the Cole County Courthouse.

Contact Me If You Need a Cole County Divorce Lawyer

I have more than two decades of experience representing clients in Cole County, Missouri, as their divorce lawyer. I regularly appear before numerous judges in Cole County. I am knowledgeable of the judges’ views regarding divorce as well as the Cole County Local Court Rules. Please contact me to assist you with your divorce case. I can be reached at https://scotthamblinlaw.com.

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Scott will keep you up to date on all important developments in your case. When you need to get in touch with him, he will be there to answer your call or return it promptly.

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Scott A. Hamblin

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