Family law refers to an area of law that helps family members resolve their disputes. Because these types of conflicts involve family members, they are often very emotional and can quickly become heated. When many people think about family law, they often first think of divorce. However, Moniteau County family law lawyers help with much more than that. In addition to divorce, an attorney can help with parentage issues, premarital and postnuptial agreements, and so much more. Below are just a few ways an attorney can help with your legal issue.
All divorces in Moniteau County, as throughout the rest of the state, are no-fault. This means that when someone wants to divorce their spouse, they must only state that the marital relationship has broken down and there is no chance of reconciliation. The petitioner, or the person who files for divorce, does not have to allege that their spouse was at fault for the breakdown of the marriage, nor do they have to prove such allegations. Once the divorce has been filed with the court, the couple must wait at least 30 days before their case can be finalized. Still, it typically takes much longer than that before a divorce case is final.
Although petitioners do not have to allege or prove fault when filing, this does not mean that fault is not involved in any part of the process. For example, if one spouse had a substance abuse problem and they used marital funds to support the addiction, that could result in their spouse obtaining more in property division hearings.
Property division is just one aspect of the divorce process. Spousal maintenance, child custody, and child support are just a few other areas a Moniteau County family law lawyer can help with.
Premarital and postnuptial agreements can remove a lot of the conflict associated with divorce and can make the process much easier. A premarital agreement is written and signed before the marriage, while a postnuptial agreement is drafted after a couple has gotten married. These contracts largely deal with property division in the event that a couple gets divorced. For the court to enforce these agreements, they must be drafted properly, and each party must enter into the contract willingly and without coercion or duress.
When couples in Moniteau County are married and have a child together, the law presumes that the man and woman are the biological parents of the child. This is not true for unwed couples. When an unmarried couple has a child together, paternity must be established. The parents can voluntarily establish paternity, or they can take the matter to court and have a judge order a DNA test.
Establishing paternity is very important. Not only does it allow the child to develop a relationship with each parent, but it can also help the parents, as well. Without establishing paternity, fathers do not have the right to child custody or visitation, and mothers cannot receive child support.
If you have a family law dispute, our Moniteau family law lawyer can help. Scott A. Hamblin has the necessary experience to help you through your issue and will give you the best chance of a favorable outcome. Call us now or contact us only to schedule a consultation and learn more.
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 and his office were so helpful, thorough and professional during a very adversarial divorce. He offers good solid advice. He does not pursue options which will more than likely not yield a good result ( unless the client insists). He strives to give his clients the best results for their money. He's personable but…
Mr. Hamblin is one of the best attorneys we have ever had the privilege to use. He is courteous and to the point. I would recommend him to anyone and we will continue to use his services.
Scott Hamblin is simply put - the best! Scott deserves 10 stars! He has all the qualities a person could ask for with legal representation and more. I even had a lawyer from another county tell me, Mr. Hamblin is an excellent lawyer. That remark alone told me how respected he is, by his peers.…
Scott Hamblin is the best lawyer that I have ever met. He really cares about his clients and does not sugar coat anything. He works very hard to help his clients, and knows the law very well, and he will work with you on your tab if he can. The staff there is very helpful…
I am very pleased with Mr. Hamblin. I needed an attorney for my custody case and I did not know who to use. I found Mr. Hamblin on the internet. All the reviews I read and now my experiences with him and his team are spot on. I was being denied reasonable time with my…
I was thoroughly impressed with Scott Hamblin and his team, Madasyn and Cameo, as they represented me in a very difficult case, involving multiple businesses and complexities. Scotts knowledge and expertise was invaluable. He and his team involved me every step of the way throughout the entire process. I was included in email correspondences, as…
Finding an attorney is not easy, and in my case I was in a child custody modification that was being dragged out and messy. This went on for a full 3.5 years. I had other representation at the time that I didn’t feel was doing what was best for me and my kids. I reached…
My divorce was with a difficult person, Mr.Hamblin handled every aspect of the divorce, professionally and quickly, his experience and knowledge was extremely helpful. thank you, Mr.Hamblin for your support.
Scott helped us with a very difficult situation with utmost professionalism and expertise. He was at all times very professional and considerate of our needs. He provided excelent advise.
Scott will forever be regarded by myself as the best divorce lawyer in Jefferson City bar none. His service, expertise, knowledge and dedication to all of his clients is top notch. I hope that no one ever finds themselves in a position of his services, but if you do, you cannot make a wrong choice…
For accessible and experienced representation, contact attorney Scott Hamblin today.