Gibbons Law Firm: 4 Legal Considerations To Help You Prepare For Divorce

Divorce is often a daunting, intimidating prospect. No matter how long your marriage lasted, divorce marks the end of an era. From both a legal and an emotional perspective, there are a lot of steps and details that must be attended to. Because of the challenges divorce often presents, it is important to weigh your decision carefully so that you can be confident it is the right choice for your situation. Our family attorney in Osage Beach MO is here to help you evaluate the legal aspects of this decision.

1. The Divorce Process
The divorce process can be undertaken in several different ways. Specifically, you can pursue divorce through mediation or litigation. If you and your spouse are unable to come to agreements cooperatively, litigation may be your only option. If you are able/willing to be civil, on the other hand, mediation often provides a much less stressful (and much less expensive) solution. Don't assume your divorce will need to automatically be filed in court. We recommend that you start with mediation. If that doesn't work, you can always switch to litigation at a later date.

2. Shared Marital Assets
Property or assets accumulated during a marriage are typically considered "marital property" - that is, both spouses share equal ownership of the assets. Property and assets accumulated prior to the marriage are considered individual property. During the divorce, the court will strive to divide the marital assets in a manner that is fair and equitable. In order for this to be possible, the court will have to know the full financial value of all shared (and likely all individual) assets. If your spouse handles the finances and you are not aware what your financial picture currently looks like, we recommend that you educate yourself in this arena prior to beginning the divorce process.

3. Custody
If you have children, dividing custody will be a hugely important part of the divorce process. If you and your spouse are able to cooperate in a civil fashion, a shared custody agreement will likely be the most desirable option. If you are unable to be civil or if your spouse poses any risk to your children, you may wish to fight for sole custody instead. Be aware that when determining custody, the court will base their decision off of the best interests of the children involved. Though you may not be a huge fan of your spouse at this point in time, your children may still care deeply for their other parent and wish to see them as much as possible.

4. Divorce Attorney
Most likely, the attorney you select to represent you will significantly influence your divorce proceedings. If you hire an attorney who devotes most of his practice to litigation, for example, your divorce is more likely to end up in court. It's important to choose an attorney who respects your wishes and will handle the situation according to your wishes.

While choosing divorce is largely an emotional decision, it is important to recognize the legal impacts it will have on your family and personal life. At Gibbons Law Firm, we have worked with hundreds of couples to finalize their divorces fairly and equitably. We support cooperative agreements and will settle divorces via mediation whenever possible, but we are not afraid to litigate and to fight for your rights when necessary.

If you would like more information, contact our Lake of the Ozarks divorce attorney to schedule your private consultation.

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