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Jefferson City Family Law Attorney

Scott A. Hamblin is an experienced family lawyer practicing all aspects of family law in Jefferson City and the surrounding mid-Missouri area. Here, Attorney Hamblin explains his approach to family law matters and offers an overview of some of the most common legal issues his family law firm handles.

Get to Know Jefferson City Family Law Attorney Scott A. Hamblin

If you are facing a family law problem such as a divorce, child custody dispute, child custody modification, child support dispute, spousal maintenance dispute, adoption, or guardianship, I  can offer you experienced family legal guidance and determined advocacy.

Divorce can be especially difficult because it affects many areas of your life. The way divorce is handled can affect everything from your financial picture to the structure of your family.

Jefferson City Family Law & Divorce Solutions

I handle a wide range of family law matters for clients throughout Jefferson City and surrounding areas. The scope of my family law practice includes:

Our High-Net Worth & High Asset Representation:

With more than two decades of experience handling family law matters, I am equipped to handle complex divorces involving highly valued assets and contentious disputes, including, but not limited to:

  • Businesses, corporations, corporate holdings;
  • Capital gains;
  • Real estate holdings, farms, crops, cattle and farming operations;
  • Retirement plans, including defined benefit plan, defined contribution plan, pensions, 401k, Individual Retirement Accounts (Roth, Simple and Traditional);
  • Brokerage and investment accounts;
  • Stock awards, stock options, and stock holdings; and
  • Prenuptial agreement challenges.

How Can a Jefferson City Family Law Attorney Assist Me?

The legal issues in a family law case depend on the unique circumstances of the parties. Some of the most common family law matters include:

Divorce

Divorce, including high-net-worth divorce, and child custody disputes, are the most difficult legal situations our clients face. All court cases are stressful, but divorce is emotional and frequently unpleasant for the person experiencing it. I am a compassionate but aggressive advocate for my clients. I utilize my compassion to assist clients with the stress and confusion that is common in divorce, division of marital assets, child custody, and child support cases. Clients often experience some anxiety or nervousness about family court. I work to provide reassurance to my clients.

A divorce can be a costly, disruptive family legal affair, but with experienced legal guidance, it can be resolved in an efficient and effective manner. I am financially conscientious, and I strive to spare my clients the expense and acrimony of a prolonged divorce whenever possible. As an experienced trial attorney, I am always prepared for litigation when necessary.

Property Division

Many spouses purchase items during their marriage. Most of the items purchased in a marriage are marital property. Marital property is subject to division in a divorce proceeding. Sometimes, spouses agree about who is taking what asset. Other times, spouses will disagree about who should receive certain items of property. Whether spouses agree or disagree oftentimes determines how a divorce case will proceed toward a resolution.

Child Custody

Spouses will sometimes become pregnant during their marriage. In a divorce, disputes often arise as to where the children will live. How frequently and under what circumstances children will see their parents may be an issue. Parents may agree to a custody schedule. Other times, parents may disagree. Regardless of whether parents agree or disagree, there are legal issues that must be addressed to determine that the child custody issues comply with the law.

Child Support

Child support considers the gross income and finances of a child’s parents to determine how much one parent will pay to the other parent to assist in raising a child. Child support is one of the most frequently litigated issues in a divorce. One parent may need child support to help raise a child. The other parent may want to avoid paying child support or avoid paying as much child support as the other parent may expect.

Maintenance

Maintenance is spousal support. Some people think of maintenance as alimony. Maintenance can be requested in both divorce cases and legal separations. Maintenance is complicated to both advocate and defend because of the numerous factors involved.

Legal Separation

A legal separation does mean that spouses have stopped living together. A legal separation is obtained through a court process resulting in a judgment. A legal separation is different than a divorce because the parties will remain married. But, a legal separation still involves the division of marital assets and liabilities.

Prenuptial and Post-Nuptial Agreements

I assist clients in preparing prenuptial agreements prior to marriage and also postnuptial agreements. Prenuptial and post-nuptial agreements state how marital assets and debts will be divided in the event of a divorce. These documents eliminate disputes that later arise during  a divorce.

How the Family Law Process Begins

I begin my representation in family law cases by meeting or speaking with our clients. I do not necessarily lay out the strategy for resolving all issues during our first meeting. My initial goal is to obtain a better understanding of what is occurring, what needs to be addressed, and identifying the areas of family law on which I need to focus my efforts to best represent my client. I ask my clients to assist me with their case if they are willing. I have found that my clients are a significant asset and resource in obtaining information to assist me. I do not expect the client to know the law. However, my clients are the experts in their own lives and have valuable information and knowledge.

Once I have enough information to begin, I will begin by drafting documents for my client to review. Family law cases involve unique facts. I require my clients to review the documents that we draft to ensure the information is accurate. I then discuss strategy moving forward. I seek my client’s input to determine how the client wants to proceed.

Can a Family Law Attorney Assist Me with a Legal Separation?

In my role as a Cole County Family Lawyer, I have represented many clients with legal separation. A legal separation is not a situation where two spouses simply live in different residences. A legal separation essentially involves many of the same issues as a divorce. But, when the legal separation is concluded, the spouses are still married. Spouses in a legal separation will identify and divide their marital assets and liabilities. Sometimes, issues of child custody and child support may also be addressed. If spouses later change their minds and want to divorce, that also can be accomplished by returning to court. The complexity of a divorce after a legal separation often depends on whether the spouses reconciled after the legal separation or whether they continue to live separately and apart.

My View of the Role of a Jefferson City Family Law Attorney

I have a number of responsibilities as a family law attorney. One of the most important responsibilities is providing legal advice. Legal advice includes explaining my client’s legal rights and obligations. Each Circuit Court has certain rules that apply to the practice of family law, especially when minor children are the subject of the court case. The judges will not allow cases to proceed if a person has not complied with the court’s local court rules. In some instances, a judge may even dismiss a case where a person has failed or refused to follow the court rules. A dismissal means that your case is over, and whatever temporary orders may have been entered are dissolved.

I also serve as an advocate for my Cole County family law clients. Advocacy is an important role. As an advocate, I assume and accept the responsibility for developing a strategy to help my client achieve their goals. Developing a strategy begins with understanding my client’s unique circumstances. This usually begins with an initial consultation.

Jefferson City Family Lawyer, Scott Hamblin

Do you need legal representation for a family law matter, including child custody, divorce, legal separation, or any matter pertaining to family law? Contact my law office today to speak with a knowledgeable divorce and family law lawyer.

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FAQs on Family Law and How a Family Law Attorney Can Assist You

What does a family law attorney do?

A family law attorney provides legal guidance, advocacy, and representation in various legal matters that families might encounter, including divorce, child custody, child support, spousal maintenance, adoption, and guardianship. Family law matters often have an emotional component that makes them different from other legal matters, and an experienced family law lawyer knows how to balance compassion with strong legal representation to find the best resolution in each case.

How can a family law attorney assist with divorce processes?

Your family law attorney will help you understand the divorce process and what to expect while advocating for you to receive favorable terms in matters like property division and child custody. The divorce terms can significantly impact your financial stability and family structure, and opportunities to renegotiate after the divorce is final are very limited, so it’s important to work with knowledgeable legal professionals to protect your rights and interests.

An experienced family law attorney can also handle complex divorces involving high-value assets, such as corporate holdings, businesses, real estate holdings exceeding $1 million, retirement and investment accounts over $3 million, and other high-value assets.

Additionally, if you and your ex can agree on most or all of the terms of your divorce, a family law firm can assist you in completing an uncontested divorce, which allows many couples to save time and money while still ensuring a fair, efficient divorce process.

Can a family law attorney help with child custody or support issues for unmarried parents?

Yes, parents who were never married can still pursue a child custody or child support claim against their child’s other parent. Missouri courts recognize that both parents are responsible for caring for and financially supporting their children, regardless of the relationship between the parents. If a parentage or paternity case is required to determine the child’s biological father, a family law lawyer can assist you in this process. A family law attorney can also help ensure that any child custody or support agreements reached comply with the law.

Can a family law attorney assist with legal separations?

Yes. A legal separation involves many of the same issues as a divorce but does not end the marriage. Our family law firm can guide you through the process of identifying and dividing marital assets and potentially addressing child custody and support issues.

Can a family law attorney assist with orders for protection?

Yes, if you need to request an order of protection, commonly known as a restraining order, to protect yourself or a child, a family law lawyer can help you.

If you are a parent being accused of abuse or harassment, having an order of protection entered against you could have serious consequences for your parental rights. As an attorney with experience in both criminal matters and family law cases, I am well-qualified to help clients resolve these matters favorably.

What is the role of a family law attorney in court proceedings?

Most family law issues are resolved outside of a courtroom through negotiation or mediation. However, at times, it becomes necessary to proceed to a hearing or civil trial, in which the remaining issues are decided by a judge. If this occurs, having a family law lawyer in your corner with courtroom experience can be invaluable. A local family law attorney who is familiar with the courts and judges in your area can help you better understand what to expect in court and ensure compliance with court rules.

For more information or to initiate a consultation, contact our law office today to speak with a knowledgeable family law attorney.

He’s On Your Side

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

Top-Rated Trial Attorney

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