How Much Does Divorce Cost?

Financial challenges are a leading cause of divorce in the U.S. While divorce in and of itself does not have to be expensive, various factors can drive up the cost and result in a rather costly endeavor overall. Unfortunately, this often only adds to the financial stress each spouse is already carrying.

At our family law firm in Osage Beach MO, one of the most common questions we are asked is how much it will cost to get divorced. Each situation is different, so it is impossible to provide a cut-and-dry pricing amount that will apply to every case. However, there are certain factors that can influence the total cost. Gibbons Law Firm is here to help you examine some of these factors and how they may apply to your situation.

Cooperation

This factor will likely have the strongest influence on the overall cost of your divorce. If you and your spouse can agree on how you want to handle things, you will be able to sign agreements outside of the courtroom, which will likely save you thousands of dollars. If you cannot agree on things and instead decide to take various issues to court, you will be faced with expensive litigation fees.

Children

If you and your spouse share children, your divorce will almost inevitably become more challenging (and, consequently, more expensive) as you determine how to divide custody. Custody battles are often the most highly contested aspect of any divorce, and when spouses cannot agree on an issue, the overall cost inevitably goes up. 

Extensive Marital Assets

The more property and assets you and your spouse accumulated during your marriage, the more work will be involved in dividing them between you. If you only shared the marital residence, dividing the property shouldn't be too challenging. However, if you own multiple properties, share lucrative investments, and have both your names on extensive retirement accounts, the process may become much more involved.

The Attorneys

It probably goes without saying, but the attorney(s) you choose to represent you in the divorce process will significantly impact the overall cost. Some attorneys are much more expensive than others, and some are guided by significantly less integrity. When selecting which Lake of the Ozarks divorce attorney you would like to represent you, it is important to choose a trustworthy individual you can rely on to keep your best interests at heart. 

Contact Gibbons Law Firm For Divorce Representation

If you are considering filing for divorce at the Lake of the Ozarks, we hope you'll consider contacting Gibbons Law Firm for the trustworthy and affordable representation you need. Over the years, our skilled attorney has successfully represented hundreds of divorce cases. We would be honored to put our knowledge to work for you.

In addition to divorce, we have experience dealing with all matters relating to family law, including child custody, child support, spousal maintenance, division of assets and liabilities, termination of parental rights, prenuptial and postnuptial agreements, paternity cases, legal separation, annulments, guardianships. For more information about our family law services in Camden County MO, visit our website: www.RGibbonsLawFirm.com. We look forward to representing you.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Invalid Reasons To Fire Someone

As a business owner with employees, it is your responsibility to build a team of professionals dedicated to your company's success. Significant challenges may arise when someone on your staff is not working towards the common goal of helping the company succeed. Smaller (but no less taxing) challenges may arise when someone on the team does not get along well with the rest of the staff. Unfortunately, firing an employee who is not a good fit for the company may not always be as simple as it sounds. Our employment attorney in Camden County MO is here to help you avoid stumbling into any adverse situations.

The Equal Employment Opportunity Commission

The Equal Employment Opportunity Commission (EEOC) has developed a list of strict rules governing employers who hire and fire employees. The EEOC is designed to protect women and minorities who, in the past, have been discriminated against in the workplace based solely on certain characteristics. In an effort to ensure that all people are treated equally, the EEOC prohibits employers from making employment decisions about existing and potential employees based upon any sort of physical, cultural, ethnic, or religious characteristic.

Invalid Reasons To Fire Someone

There is an employment doctrine called "employment-at-will," which essentially allows employers to fire employees whenever they wish, sometimes seemingly for no reason at all. While the employment-at-will doctrine does not require employers to have specific reasons for firing someone in some cases, there are still certain reasons that cannot be used under any circumstances. If an employee can make a case for their termination being tied to one of these invalid reasons, the employer may face serious legal repercussions. For example, you cannot terminate employment because:

• Your employee is a woman or other minority.
• Your employee follows a different religion than you do.
• Your employee is over a certain age.
• Your employee belongs to a different nationality.

Beyond the regulations set by the EEOC, there are additional reasons that may not be used to fire someone. For example, employment decisions may not be used as a form of sexual harassment (e.g., terminating employment because your employee refused your request to go out on a date). You also cannot fire someone for "whistle blowing" - in order words, someone who reveals your company's illegal practices to the local authorities.

What Conditions Must Be Met In Order To Fire Someone?

In order to rightfully and lawfully terminate employment, you must be able to prove that the employee was not a good fit for the company and/or that the employee was not adequately meeting the expectations set forth within the job description and requirements.

Even if you terminated employment for valid reasons, a vengeful ex-employee may be able to create a convincing workplace discrimination case if you do not have documentation to back up your decision. If you hired a replacement that was ten years younger, for example, your ex-employee may be able to build a case for age discrimination even if that was not your true reasoning or intention. This is why it is important to always preserve documentation that supports your decision to fire someone (e.g., copies of emails requesting that a specific task be completed by a certain time). 

Contact Us With Questions About Employment Law

Employment law is a complex legal field - one that must be navigated carefully in order to avoid inadvertently creating a challenging situation. Our employment attorney in Osage Beach MO has the skills and expertise you need to protect your business interests as you manage employees. For more information about our employment law services at the Lake of the Ozarks, visit us at www.RGibbonsLawFirm.com.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.

Divorcing An Alcoholic

All marriages, even the happiest and most successful ones, undergo challenges at certain times. Sometimes, however, the challenges become so great that couples develop what the Court deems "irreconcilable differences" and decide that filing for divorce at the Lake of the Ozarks is their best (or perhaps their only) viable option. If one of the spouses has alcoholic tendencies, divorce may be even more necessary. Unfortunately, it may also be more difficult.

Alcoholism In A Marriage

Alcoholics are notoriously difficult people to share homes with. People with true alcohol dependencies may become argumentative, irresponsible, poor communicators, and (in some cases) violent or abusive. They are often particularly bad influences on children, and consequently may be especially problematic in a marriage where children are present. Someone married to an alcoholic often feels buried under a great deal of stress, frustration, despair, and general unhappiness.

Alcoholism is a disease, and as such there are certain treatment methods that can sometimes be used to cure someone of their alcoholism. Treatment can be long and challenging, however. People battling alcoholism typically requires a strong support system consisting of their spouses, friends, and family in order to overcome their problem. Of course, they must also be willing to go through the treatment.

Alcoholism In A Divorce

If your spouse's alcoholism becomes too great of a problem for you to continue to face, divorce may become your only viable alternative. If you are facing the possibility of divorce, Gibbons Law Firm is here to help you prepare by offering these general considerations.

You May Have To Prove There Is A Substance Abuse Problem
Some alcoholics are high-functioning and may still be able to hold down a stable job in spite of their addiction. If your spouse will not admit to having an alcohol dependency, you may have to work with your Lake of the Ozarks divorce attorney to prove to the Court that there is, in fact, and alcohol dependency present.  

Substance Abuse May Affect Custody
If you are able to prove that your spouse suffers from a substance abuse problem, you may be able to limit his/her custody rights on the grounds that living with said parent would be unsafe for the children. The Court typically considers substance abuse to be a heavily influencing factor when determining child custody.

Substance Abuse May Affect Visitation
If the alcohol dependency is severe enough, the Court may determine that in addition to not being awarded partial custody, the alcoholic parent may not be awarded any visitation rights either. As the sober parent, determining whether or not to fight for this ruling can be an emotional process. The desire to let your children spend time with both parents may be strong, but it is important to be realistic. If your alcoholic spouse presents a danger to the children, it is crucial that you fight to protect them.

Substance Abuse May Affect Division Of Assets
It is the Court's responsibility to divide marital assets and liabilities in a fair and equitable manner. Typically, substance abuse does not play a role in determining whom shall receive what in a divorce. However, there are exceptions, such as instances wherein the alcoholic spouse spent a significant portion of the marital savings on alcohol or other addictive substances. In these cases, the sober spouse may be entitled to a larger percentage of the assets during the divorce.

Contact Gibbons Law Firm For Representation

Due to their often difficult and argumentative nature, alcoholic spouses can be difficult to work with during a divorce. If you are facing the possibility of divorcing an alcoholic spouse, we encourage you to schedule a consultation with our divorce attorney in Camden County MO. Our experienced team can help you determine the best course of action for your specific situation. Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Understanding Missouri Domestic Violence Laws

Centuries ago, men were allowed to beat their dependents in order to ensure an orderly, obedient household. The only regulation was that they had to use a very small stick (one no thicker than their finger). In addition to wives and children, "dependents" also referred to slaves and indentured servants. This practice was not allowed for long - slaves were freed, and the act of beating one's dependents became criminalized. Today, there are harsh consequences for anyone who assaults a family member. Keep reading to learn more about Missouri's domestic violence laws, courtesy of our criminal defense attorney in Osage Beach MO.

An Overview Of Domestic Violence Laws

A person is considered guilty of domestic violence if he or she commits physical or sexual assault against any of the following persons:

• Someone he/she lives with or has previously lived with
• Someone he/she has a child with
• Someone he/she is currently dating or has dated in the past
• A current or previous spouse
• A family member (either by blood or marriage)

First, Second, & Third Degree Charges

Domestic assault in the first degree refers to the most serious and heinous acts. First degree charges only relate to individuals who knowingly kill, attempt to kill, seriously injure, or attempt to seriously injure a domestic victim. Domestic violence in the first degree is considered a felony and may be punishable by several years of imprisonment, possibly up to a life sentence.

Typically, second degree domestic assault charges are also considered felonies. Generally, domestic assault in the second degree refers to any behavior wherein the aggressor recklessly or intentionally causes serious physical injury, either by using a deadly weapon, dangerous instrument, or his/her own hands. 

Third degree domestic assault charges are not quite as serious as those classified in the first or second degree, and are typically classified as misdemeanors. Examples of third degree domestic assault charges may include physically harmful acts, such as:

• Threatening a victim with fear of immediate physical injury
• Engaging in unwanted physical or sexual contact with a victim
• Forcing a victim to engage in unwanted sexual acts
• Causing moderate physical injury, either intentionally or recklessly

Third degree domestic assault charges may also include acts that do not cause immediate bodily harm, but are instead used to terrorize victims. Examples of non-physically violent domestic violence charges may include:

• Stalking a victim
• Isolating a victim by cutting off contact with other friends and family members
• Parental kidnapping (cutting your children off from contact with family or the other parent - typically in violation of custody agreements)

Who Can Be Victimized By Domestic Violence?

Domestic assault offenders don't discriminate. Anyone can be the victim of domestic violence, including children, adults, and elderly individuals. If you or someone you know has been the victim of domestic violence, it is important to seek help. Multiple shelters are available to house women, men, and children who have been victimized by their spouses or partners and need a safe place to go. Law enforcement and attorneys are available to help you seek legal recourse for your suffering and ensure that your attacker gets the punishment he/she deserves. Depending on the circumstances surrounding your specific situation, the court may issue a permanent order of protection to prohibit the attacker from making any future contact with you. If necessary, the court may issue a temporary ex parte order to protect you until a permanent order of protection may be established.

Contact Gibbons Law Firm For Representation

Our general practice firm in Osage Beach has experience representing clients in a wide variety of domestic violence cases. Contact our domestic violence attorney in Camden County MO for representation. Remember - your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.