No two family law cases are identical, but there are some common requirements or steps that all cases must complete. Here’s what to expect in a typical Missouri Divorce or Custody case.
If you’re considering a divorce, even if you haven’t made a final decision yet, it is a good idea to begin planning for your life after a potential split. It may become more difficult to find and gather important records like financial documents, insurance or health policies, and account numbers if you move out of the family home or your spouse becomes secretive once they suspect divorce is possible. For more divorce preparation tips, please visit our blog.
The divorce and child custody process in Missouri can be extremely complicated, and it is important to have an experienced Missouri family lawyer on your side. Our firm handles a wide variety of legal matters concerning divorce and child custody, and we can begin working with you today on your case.
The process of filing for divorce in Missouri is known as filing a petition for the dissolution of marriage. Missouri is a no-fault state, which means that neither party should plan to allege grounds for the divorce. Rather, instead of stating grounds for a divorce, spouses in Missouri get divorced on the basis of irreconcilable differences. In order to be eligible to have a divorce granted in Missouri, you must be a resident of the state for at least 90 days prior to filing. After you file for divorce, Missouri law also requires that you wait 30 days until the court can grant the divorce.
The spouse who receives the divorce petition is known as the respondent, and they will have 30 days to file an answer to the petition. In some cases, if the respondent denies that the marriage is broken, counseling and/or legal separation can be ordered before a divorce will be granted, although not common.
While the terms of a divorce settlement are being negotiated, some issues will need to be resolved temporarily. For example, as you and your ex work out a parenting plan, your children will need a stable home in the meantime. Temporary motions are often used to address issues like custody, use of marital assets, and financial support while a divorce is pending. These orders remain in effect until a final settlement is reached.
The process of gathering and verifying the information provided by each spouse is known as discovery. This commonly involves collecting documents like tax statements, insurance policies, and retirement account information. Your attorney may also be able to require your former spouse to turn over certain documents related to the divorce. In more complex cases, like when couples have high value or unusual assets or one spouse is concealing assets, discovery may be more complex and take more time.
Most divorce cases end in a settlement, but if the parties cannot reach a compromise, then a trial is required to have the court decide on a settlement and/or parenting plan. For a divorce, the issues covered in the settlement may include:
Missouri is an equitable distribution state. Accordingly, all property will be classified either as separate property or marital property, and then all marital property will be divided between the spouses in a manner that is fair to both parties. While equitable distribution can result in a 50/50 split, property does not need to be split equally since “equitable” means fair. Courts consider a variety of factors to determine a fair distribution of marital assets and debts.
Courts make child custody decisions by focusing on the best interests of the child. Parents can share legal and physical custody, or these forms of custody can be awarded to just one parent who will have sole custody. Legal custody gives parents the right to make important decisions about the child’s upbringing, while physical custody gives the parents the right to spend time with the child and participate in day-to-day care.
Missouri uses the “income shares” model to calculate child support, which means the net incomes of both parents will be used to calculate a total child support obligation.
Spousal maintenance—also known as support maintenance, spousal support, or alimony—is a payment that the court orders one spouse to pay to another as part of the divorce case. Missouri courts may order maintenance that is temporary, periodic, or permanent given the facts of the case. Maintenance will only be awarded in cases where the court finds that the spouse seeking it needs the support.
Divorce and custody orders may be modified in certain circumstances. To have an order modified, the party seeking the modification must be able to show that there was a substantial change in circumstances that renders the existing order unreasonable. For child custody modifications, the modification also must be in the best interest of the child.
If you have questions about divorce or custody and need assistance, the best place to seek advice is from an experienced Missouri divorce and child custody attorney. Contact Scott A. Hamblin for more information about the family law services we provide.
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.
I was going through a contested divorce case and custody battle. When I hired Scott I felt my world was crashing around me. Scott jumped in and handled the case very professionally and to the point. He argued the facts and made sure that my rights was not violated. I am happy to report that…
I hired Scott in the middle of my 2 yearlong custody modification case. After discussing with Scott about how I felt I did not have an aggressive enough lawyer with my first lawyer for the case, I was fighting against ex-husband, Scott gladly took the case. Scott and Madysn were extremely responsive with questions that…
Scott was knowledgeable and efficient, expertly guiding us through the process. He took the time to explain every step clearly and made sure we felt informed and confident in our decisions. Beyond his professionalism and attention to detail, Scott was also incredibly kind and personable, which made working with him a genuinely positive experience. His…
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…
I originally hired a family attorney in Columbia, who said he would fight to keep my rights with my young daughter. After a month, this Columbia attorney stated that I should just settle and do 50/50 custody with my daughter's biological father. I was not satisfied with this response so I hired Scott Hamblin instead.…
I would highly recommend attorney Scott Hamblin. Mr. Hamblin was very easy to work with, explaining all my options as the case progressed. He took into consideration my priorities, what was most important to me, and skillfully negotiated them into an ideal settlement agreement. And his legal assistant, Madasyn, is such a delight to interact…
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…
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…
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…
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…
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…
For accessible and experienced representation, contact attorney Scott Hamblin today.
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