Family Law Attorney Moniteau County

Legal issues that affect families and their relationships with one another are often among the most difficult types of cases. Whether you are considering the possibility of divorce, need assistance with a child custody or support case, or have questions about prenuptial agreements or paternity, it is important to seek legal assistance. An experienced family law attorney in Moniteau County can learn more about your circumstances and provide you with more information about your options under Missouri law.

Common Family Law Issues Our Attorney Handles in Moniteau County

Scott A. Hamblin represents clients in a wide range of family law cases in Moniteau County, including but not limited to the following:

• Filing a divorce petition;
• Determining eligibility for divorce in Missouri;
• Equitable distribution of marital property;
• Classification of marital and non-marital assets and debts for property division;
• High net worth divorce;
• Complex property division cases;
• Spousal maintenance (also known as alimony or spousal support);
• Child custody;
• Establishing paternity;
• Child support;
• Adoption issues; 
• Premarital agreements;
• Postnuptial agreements; and
• Modifications of family law court orders.

Filing for Divorce in Moniteau County, Missouri

To file for divorce in Moniteau County, you do not need to prove grounds for divorce or fault since Missouri is a “no-fault” state. Instead of alleging or proving fault, the court only needs to find that the marriage is irretrievably broken. Divorces in Moniteau County can be classified as “uncontested” or “contested.” In an uncontested divorce, Missouri law clarifies that the parties have reached an agreement on all issues in the case, and there is no need to have the court hear from both sides to resolve any existing disputes. When the parties cannot agree to all issues, such as property division or child support, then they will have a contested divorce where a judge will need to decide on one or more issues.

In every Missouri divorce in Moniteau County, it is important for the spouses to know that all assets and debts they own will need to be classified as either marital or non-marital (or, separate) property. Then, all marital property will be distributed between the spouses based on the theory of equitable distribution. Missouri courts consider a range of factors when deciding what an equitable distribution of marital property looks like.

Moniteau County Child Custody

In divorces where there are minor children from the marriage, as well as in separations where the parties share minor children, the court will need to make a child custody determination. Under Missouri law, courts make decisions about child custody based on the “best interests of the child” factors. There is a wide range of “best interests” factors, such as:

• Parent’s wishes;
• Child’s needs;
• Mental health of the parties;
• Physical health of the parties;
• Each parent’s ability to encourage the child’s continuing contact with the other parent;
• Child’s current relationship with each parent and household members;
• Child’s adjustment to their current school, home, and community; and
• Child’s wishes when the child can make an informed or reasonable decision.

Child custody includes legal custody and physical custody, or parenting time. Generally speaking, Missouri courts presume that joint custody shared between the parents (as opposed to one parent having sole custody) is in the child’s best interests unless there is a reason to avoid joint custody.

Contact a Family Law Lawyer in Moniteau County

If you have questions about family law in Missouri or need assistance with your case, you should seek advice from a family law attorney in Moniteau County who can assist you. Contact Scott A. Hamblin today for more information.