With the escalating tension between spouses, the upset of any children involved, and the anxiety of confronting such a life-changing event, divorce is stressful. Legal hurdles can intensify the pressure, which is why it is so important that you hire an experienced and reliable divorce attorney.
What is a divorce?
Divorce is defined as “the legal dissolution of a marriage by a court or other competent body.” Missouri is a no-fault divorce state, which means that you do not need to prove that your spouse did something wrong in order to file for divorce. Most people claim irreconcilable differences, but in certain circumstances, other grounds for dissolution are appropriate.
Why do I need a divorce attorney?
Divorce can be stressful, emotional, and complicated, so you will appreciate the sound legal advice a divorce attorney can offer. Recognizing that every divorce is different, your divorce attorney will provide personalized support, identifying unique issues and formulating a strategy to solve any problems that arise. Plus, you will become a part of a team consisting of you (the client), your divorce attorney, and the divorce attorney’s legal staff. So instead of confronting divorce on your own, you will be able to rely on experienced experts for guidance and advice. Hiring a divorce attorney will also help you avoid mistakes, complete the process quickly, and remain calm and confident throughout.
How do I file for divorce?
To file for divorce, contact Replogle, Tyrrell, & Robertson to find a skilled divorce attorney. Then, with your divorce attorney’s help, prepare a petition for divorce and file it with the correct state court. You could also file a joint petition for divorce with your spouse.
How should I address property division?
Under Missouri law, the court must fairly divide all marital property and debt. Although the court may presume a 50/50 split, most divorcing couples end up with a unique and personalized division of property. For example, if one spouse will retain the residence, the other will likely receive some other portion of equity. In addition, extensive debt can be quite difficult to divide, so some couples decide to file for bankruptcy relief along with divorce. In the end, a variety of factors will influence property division during a divorce, and your divorce attorney should be able to help you acquire your fair portion of the marital property through an agreement or a court decision.
How should I address child custody?
If you and your spouse have children and cannot privately agree on who will retain custody, the issue will arise during your divorce proceedings. Most courts focus on the best interests of the child when deciding who will be given custody. Other influencing factors may include your child’s age and health, your child’s education, your health, your lifestyle, your ability to provide proper care, your child’s preference, and the emotional bond that exists between you and your child.
Your divorce attorney can help you assess your chances for custody and present a strong case. Or, if you would prefer to avoid trial, you might pursue an alternative form of dispute resolution like mediation or arbitration.
Should I consider family law mediation?
It never hurts to consider your options. Litigation can be stressful, complicated, and expensive, so you may want to discuss family law mediation with your spouse. If you pursue this option, you and your spouse will make the final decisions in your divorce or child custody case instead of a judge. Some cases are better suited to this type of resolution than others. However, if you are able to resolve your case with the assistance of a mediator, you could save thousands of dollars and retain control over your future.
Your divorce attorney can help you decide whether family law mediation is appropriate based on your unique case, your interests, and your relationship with your spouse. If you choose to pursue it, your divorce attorney will develop a strategy, prepare you for mediation, and guide you through the process.
Contact the Divorce Attorney Team At RTR
Are you preparing to file for divorce? To get started, please contact Replogle, Tyrrell, & Robertson. Our attorneys understand that every marriage dissolution case is different, and with our experience and dedication, we can help you prepare for the case, make sensible decisions, and address any problems that arise. Give us a call at 417-859-3979 (Marshfield office) or 417-893-5121 (Springfield office) to get started.