Friday, August 14, 2020

Is THIS True About Divorce?

Divorce can feel really intimidating to someone who doesn't know what to expect. It's not something you really plan for because you don't see it coming when you choose to get married. When you marry someone you don't think about divorcing themes you are pledging your vows "until death do you part". Divorce happens and about 50 percent of marriages end that way. There are many myths about divorce. Our divorce lawyers at the Lake of the Ozarks are here to clear up a few of these myths and set the record straight in this week's blog. If you are in need of an experienced divorce attorney at the Lake of the Ozarks, please give us a call. Gibbons Law Firm can be reached at (573) 348-2211, your first consultation will be free.


Is THIS True About Divorce?

MYTH: PREVENTING YOUR EX FROM SEEING YOUR CHILDREN IF THEY DON'T PAY CHILD SUPPORT IS LEGAL.
If one parent has been awarded full or primary custody, the other parent may be ordered to pay child support to help shoulder the financial responsibility of raising children. If the one parent neglects to provide the child support payments as directed, the other parent may decide to withhold visitation rights until the money is received. However, this is an illegal act that can result in legal consequences on the custodial parent's part. If your spouse is neglecting to pay child support, you should consult with an attorney to determine the best course of action.

MYTH: YOU CAN'T GET DIVORCED UNLESS ADULTERY WAS COMMITTED.
Missouri (along with most other states) is a no-fault divorce state. This means that you can file for divorce even if your spouse has not committed some form of marital misconduct, such as adultery. All that spouses are required to prove is that there is "no reasonable likelihood that the marriage can be preserved, and that the marriage is irretrievably broken."

MYTH: YOU HAVE TO GET DIVORCED IN A COURTROOM.
The media likes to sensationalize high-stakes, highly combative divorces as they are battled out in the courtroom, but the truth is that many divorces can be settled outside of court. This process, known as mediation, involves an attorney serving as an impartial third party serving as the liaison between the spouses as they determine how their assets and responsibilities should be divided. This method of divorce is often much more efficient, cost-effective, and less stressful.

MYTH: FULL CHILD CUSTODY WILL BE AWARDED TO THE PRIMARY PARENT.
Though you may have been your children's primary caregiver in the past, this fact will not guarantee your right to full custody of your children after the divorce. The Court will award custody to the parent who is believed to be able to best provide for the child's best interests. During the proceedings, you and your attorney will have to prove to the Court that you fit this description.


Divorce is tough but you CAN get through it and not be taken advantage of financially. Our divorce lawyers in Mid-Missouri can help you. Give us a call at Gibbons Law Firm today. We can answer your questions and guide you through this difficult process. We can be reached at the number listed below and you can follow us on our social media platforms listed below to stay up to date on our latest legal tips and announcements.


Remember, your initial consultation with Gibbons Law Firm is always free.



Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049

(573) 348-2211

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