Divorce

Divorce dissolves the marriage and returns both spouses to their individual legal positions. While marriage entails the sharing of property and debts, divorce entails equitably dividing that property and debt. Divorce can also lead to changes to spouses residences,address spousal support, child custody, and child support.

Disputed Divorces 

A contested divorce occurs when a couple disagrees over matters such as child custody, child support, retirement benefits, property, or spousal support. Parties who can not agree will generally end up needing to present their dispute to the court at trial so that a Judge can make a final decision or ruling. It is highly suggested that if you are in a contested divorce that you obtain legal counsel to ensure that you do not get trapped into a disfavorable judgment or ruling due to not knowing the legal requirements. Not all divorces are contested battles. An uncontested divorce is a situation where both parties agree on all the terms including but not limited to property division, debt division, child support, child custody, and spousal support.. Couples with children who can agree to a parenting plan, child custody arrangement, and support issues tend to have greater control over the end result of the divorce. 

Parenting through a Divorce

Divorce is rarely stress free and can often involve two different parents who each have their own ideas on how parenting should be accomplished. This stress is not just directed toward parents but may also fall on children’s shoulders. Many courts have added local requirements to reduce the negative impact of divorce on children. One more common requirement is parenting courses or programs that divorcing parents must take prior to being able to get a judgment. Parents may not always agree on everything and parenting styles can differ drastically, but in Missouri all divorce cases involving children are required to put a parenting plan in place. This parenting plan details custody time, scheduling, exchanges, taxes, medical and school decision making, child support and more. 

Missouri Presumption

In Missouri, there is a presumption that both parents receive 50% of the time with their child(ren). This presumption is intended to ensure that a child gets to have the benefit of both parents. Our attorneys can help determine if the presumption may be rebutted. The court will determine what it believes is in the best interest of the child using multiple factors including things like which parent is more willing to allow the child(ren) to have meaningful and frequent contact with the other parent, abuse, distance between parties’ residences, and the child’s desire. It is up to the parent to present evidence on why equal time should not be granted. An attorney at Brydon, Swearengen & England can help determine whether there are grounds to rebut the 50/50 presumption. 

Divorces and the Time it Takes

Divorces can take more time than many people expect. In Missouri, at the time of filing an action against a spouse, one of the parties must have resided within the state for at least90 days. A petition for divorce must include all the information required by Missouri law, and in cases involving minor children, it should also include a parenting plan and calculation of child support. Once the petition for divorce has been filed with the court, a party will need to get the other spouse served or have the other spouse sign a waiver of service. Once service or a waiver is obtained, it begins a 30 day waiting period. The court will not grant the divorce for at least 30 days after the petition is filed and there is proof of service.

Property Division

During any divorce or legal separation, the court is required to create a division of all the nonmarital property of each spouse, as well as the marital property and debts, and then share them as the court considers equitable, considering all relevant factors. Equitable does not always mean “equal.” An attorney can lead you through asset division and factors involved in the distribution of assets. 

Knowing whether your property is identified as marital or non-marital can make decisions about proceeding to trial or settling easier. An attorney can explain what category your assets fall into. Some property may be non-marital, such as property that each spouse possessed before the marriage, or inherited, or was gifted or bequeathed to them in a pre-marital settlement. Some non-marital assets can become marital assets without a person realizing it. There can be significant amounts of money at stake; therefore, our lawyers conduct thorough investigations and train diligently to achieve the best results for our clients.

Although we have experience dealing with high-conflict divorces and are often fierce fighters or defenders, we are also aware that litigation is not the ultimate goal for all clients. Our family law practice is mindful of the emotional tension experienced by both adults and children, and strives to provide alternatives such as mediation or negotiate settlement instead of automatically assuming that a case needs to end in a trial.

Divorce Lawyers in Jefferson City, MO

Brydon, Swearengen & England P.C. attorneys are recognized as excellent, thoughtful, and innovative. The team members often give talks at the Missouri Bar events and community forums. We are qualified to pursue trials that are disputed due to complex property cases and those involving child custody, and we are diligent and efficient in our work.

We have an office in Jefferson City that provides services to clients all over Mid-Missouri in divorce and family law cases. We have clients that have come from the following cities and counties: Jefferson City, Columbia, Eldon, Linn, Fulton, Osage Beach, Lake Ozark, Camdenton, Versailles, Boonville, Mexico, Sedalia, Hermann, Rolla, Vienna, Waynesville, and Montgomery City, as well as Boone, Cole, Callaway, Cooper, Maries, Miller, Morgan, Moniteau, Osage, Camden, Gasconade, Audrain, Phelps, Pulaski, and Montgomery Counties.

You may call Scott Hamblin or Erin Wiseman with any questions about divorce, child custody, child support, or modification of custody and/or support, paternity cases, and any other family law case.