Gibbons Law Firm: Answers To Common Legal Questions: Family Law

Most people are more emotionally invested in family law cases than cases of any other nature, and for good reason. As their name implies, family law cases deal directly with people's families. If you are preparing for or already in the midst of a family law case, you probably have several questions. Our family attorney at the Lake of the Ozarks is here to help ease your concerns by providing answers to some common questions about family law cases.

Question #1: Do I Have To Have A "Cause" For Divorce?
Answer: Missouri is a no-fault divorce state, which means that couples do not have to have a specific reason for filing for divorce. All that is required is for at least one spouse to testify that the marriage is "irretrievably broken" or that there are "irreconcilable differences" between spouses.

Question #2: What Can I Do If My Spouse Refuses To Pay Child Support?
Answer: If the court has ordered your spouse to pay child support, you can seek legal recourse through your attorney for missed payments. Do not retaliate directly by attempting to withhold visitation rights, as this type of action may be subject to legal consequences of its own.

Question #3: Do I Have To Get An Attorney To Get Divorced?
Answer: When it comes to whether or not you will work with an attorney, you always have the right to make your own choice. However, we encourage you to consult with a family attorney in Camden County MO before moving forward with your divorce. Your attorney will be able to advise you on the best way to proceed in order to protect both your and your children's interests.

Question #4: How Long Does It Take To Get Divorced?
Answer: Because every divorce is different, it's impossible to provide a straight and simple answer to this question. As a general rule of thumb, the quicker you and your spouse can come to agreements, the shorter your divorce process will be.

Question #5: Will My Spouse And I Get To Decide How Child Custody Is Divided?
Answer: If you and your spouse can come to an agreeable compromise regarding division of custody, the court may respect your decision. If you and your spouse cannot come to an agreement, the court will be required to make arrangements on your behalf. This will be done with the child's best interests in mind; your and your spouse's differing opinions may have little weight in the final decision.

Question #6: Can I Get Child Support Even If I Was Never Married To The Child's Other Parent?Answer: Typically, yes. The individuals who are legally recognized to be a child's parent are generally both required to provide financial assistance if possible. If you were never married, you may be required to order a paternity test in order to legally identify the father. Once this has been achieved, you should be able to seek child support.

More Questions? Contact Gibbons Law Firm.

If you have further questions about family law at the Lake of the Ozarks, the team at Gibbons Law Firm would be happy to extend our services. We can be reached online at www.RGibbonsLawFirm.com or by phone at (573) 348-2211. Your initial consultation is always free.