Even in this tough economy, divorce courts in Missouri continue to have the authority to order the sale of the marital home in a proceeding for dissolution of marriage. In a recent opinion, the Court of Appeals, Western District of Missouri, held that a trial court has the authority to order the sale of the
The physical and emotional betrayal inflicted by a cheating spouse is one of the main causes of divorce. The spouse suffering the extra-marital affair often desires punishment. Courts will punish the cheating spouse in certain circumstances by financially compensating the non-cheating spouse. The non-cheating spouse may also have an improved opportunity to obtain child custody.
A person arrested for a criminal offense, including driving offenses such as driving while intoxicated, has certain constitutional and statutory rights. Among those rights is the right to remain silent. A law enforcement officer is not required to advise a person of the right to remain silent unless that person is arrested or detained and
The Fourth Edition of the MoBarCLE Missouri Administrative Law (2011) deskbook has been published. The Missouri Bar states that “The Supreme Court of Missouri has noted that ‘administrative law is an increasingly important area of practice in Missouri.’ Weber v. Firemen’s Ret. Sys., 872 S.W.2d 477, 478 (Mo. banc 1994). . . . This two-volume
I recently obtained a favorable ruling following a hearing on a motion to suppress evidence and statements in connection with a traffic stop. My client was arrested following a traffic stop for the criminal law violation of felony possession of a controlled substance. I argued that the law enforcement officer violated my client’s rights under the Fourth
Scott Hamblin recently served as a panelist for the MBCH Children and Family Ministries Foster Care Services. Mr. Hamblin addressed an audience of foster parents who were completing licensing requirements. Mr. Hamblin discussed issues and answered questions concerning the court process and procedures for adoption, guardianship, and permanency planning. Scott Hamblin is a shareholder with Brydon, Swearengen
Cole County, Missouri has a new program for individuals arrested for driving while intoxicated (DWI) creatively named the “DWI Court.” The DWI Court was created following enactment of law by the Missouri General Assembly. Despite the statutory provisions allowing for participation in a DWI court by first time DWI offenders, only individuals with repeat DWI
Scott Hamblin was appointed to serve as legal counsel for the Missouri Jaycees for the 2011 year. The Missouri Jaycees is a not-for-profit corporation. The United States Junior Chamber (JCs or more commonly Jaycees) is a leadership training and civic organization for people between the ages of 18 and 41. Areas of emphasis are business
On January 19, 2011, John Borgmeyer, an attorney from Brydon, Swearengen & England’s firm, helped a client prove her case at an appeals hearing before the Social Security Administration. The client suffered from severe and recurring depression as well as anxiety that prevented her from working her job. In the past, Borgmeyer has also successfully
May peace, prosperity, and happiness be yours throughout the holidays and new year. From all of us at Brydon, Swearengen & England P.C.
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