Helping Families Through Difficult Times with Our Family Law Services

Family Law covers a broad range of situations … from adoption to divorce, to child custody.  Some are happy events, some are devastating events, but most of them are emotionally charged.  For many people, family means everything.  So, in any legal conflict regarding family, the stakes feel very high. 

At Gibbons Law Firm we assist clients with all types of family law cases with compassion and dedication because we know how important it is for families to receive the help they need in difficult times. Today’s blog shares with you the different types of legal situations families can go through and how a family law attorney at the Lake of the Ozarks can help.  

Separation and Divorce

When a marriage has become “irretrievably broken” and one or both spouses have decided that divorce is the best course of action, a family law attorney can assist with the details.  From division of assets and liabilities, spousal support, child custody, child support and more, a knowledgeable attorney with the ability to listen and counsel clients, to diffuse conflict and litigate when necessary, can make all the difference in the successful outcome of a family law case.

This is a large part of what practicing family law is about, and it is especially complex if there are children. During a divorce, spouses are making decisions that will have a big effect on the kids. An experienced mediator that helps navigate mutually agreeable terms with the least negative impact on the children can make the process go more smoothly and successfully. 

Adoption & Guardianship

There are a multitude of circumstances that can lead to the need for an adoption or guardianship, but one thing is always true.  The welfare of a child or family member is of utmost importance and must be protected.  With Gibbons Law Firm, you can enjoy peace of mind knowing you have an experienced family law attorney to handle every step of the process.

Annulments, Prenuptials, Post nuptials

Family law attorneys can also help with other relationship arrangements including annulments. An annulment is different than a divorce in that it declares that a legal marriage never existed.  Gibbons Law Firm can help you with building the case and evidence to establish an annulment.  For couples interested in pre- or post-nuptials, we can assist with that as well.

Paternity Cases

Establishing paternity is another area of family law that our clients sometimes require.  If you are in a position where you are trying to prove paternity, having a highly effective family law attorney on your side can make a difference.   

Termination of Parental Rights

This is yet another extremely sensitive aspect of family law where what is best for the children is the ultimate focus.  Unfortunately, sometimes that does means termination of parental rights.  At Gibbons Law Firm, our ability to investigate and negotiate cases becomes a significant asset to our clients dealing with this difficult situation.  

The legal aspects of family law at the Lake of the Ozarks can be highly complex and extremely sensitive and emotional because of the personal nature of the disputes. Gibbons Law Firm is committed to providing the legal advice and counseling that clients need in difficult times while making life-changing decisions.  If you are involved in a family dispute or need legal advice for your family, contact our firm and make an appointment today.  We are here for you, to answer your questions and see how we can help.

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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Top 5 Things to Remember When Filing a Divorce

Family law deals with the issues that arise from marriage and domestic relationships. The cases give rise to matters that include divorce, legal separation, division of assets and liabilities, spousal support, child custody, child support, and other matters. This topic is extremely sensitive and highly complex due to the personal nature of the disputes. Because of this, it’s important to hire an experienced and knowledgable divorce attorney at the Lake of the Ozarks who can help you navigate your case. Here are our top five tips to remember when navigating a divorce situation.

#1. Divorces Can Spike After the Holidays

As the holiday season approaches, remember that the divorce rate is typically on the rise after they are over. Here are just a few reasons that divorce rates rise after the holidays are completed: 

• Couples put it off
• Holidays are a time of reflection
• Flaws are revealed through the holiday stress
• Making a last-ditch effort through the holidays

Curious if this may apply to you? Check out our blog to get more insight into the reasons listed above: Common Reasons the Divorce Rates Spikes After the Holidays.

#2. Certain Things Can Impact the Divorce Costs

Personal and professional relationships may be affected by a divorce. Not only does a divorce at the Lake of the Ozarks cause emotional damage, but it can also have a negative impact on your financial stability. Divorces cost money and it's best to find an experienced divorce attorney near the Lake of the Ozarks to look out for your best interested throughout the entire process.

If you are curious about what can affect the costs of divorce, check out a blog we did earlier this year to learn more: 5 Things that Impact the Cost of Divorce.

#3. There Are Certain Actions That Should Be Avoided

Going through the divorce process is a time of high emotion. Along with these emotions can come irrational actions. Your character is being scrutinized while going through a divorce so it's important to keep composure of your actions. As a divorce attorney at the Lake of the Ozarks, we've seen a number of cases take a turn due to the irrational action of one or both of the spouses. These common actions that should be avoided when getting a divorce at the Lake of the Ozarks:

• Believing a battle is the only way to resolve
• Pitting your children against the other parent
• Getting pregnant
• Increasing debt
• Hiding assets

It can be hard to know what to do in a divorce situation, and what actions should be avoided, but a trustworthy lawyer at the Lake of the Ozarks can help. You can also refer to our previous content to get more ideas about what to avoid: Actions You Should Avoid When Getting a Divorce.

#4. Divorce Can Be Hard On Your Family

The divorce process can take a toll on everyone involved. While you may think it only affects you and your spouse, your children, friends, and family are all impacted by the process, as well. Our divorce attorney at the Lake of the Ozarks knows how difficult this time can be and we're here to help offer some advice on how to make this process as easy as possible on your loved ones. Other aspects that can ease the burden are:

• Create open lines of communication
• Seek professional help
• Keep your priorities straight

Want to learn more about guiding your family and loved ones through this process? Check out a past blog: Tips to Make Divorce Easier on Your Family

#5. Father’s Have Rights, Too

A huge number of fathers still want to continue to be actively involved in their children’s lives even after the split. Unfortunately, many fathers don’t understand the rights that they have where their children are concerned, and sometimes they can even be overlooked by the courts. Gender bias shouldn’t exist in the courts to favor mothers over fathers, but that’s not always the case.

If you would like to learn more about a Father’s rights in a divorce situation, check out a blog we did recently: Statistics About a Father’s Rights.

Need a Divorce Lawyer at the Lake of the Ozarks?

Gibbons Law Firm assists clients with all types of family law cases. We are committed to providing the legal counseling and advice that clients need in such disputes. Find out more about how we can assist you by contacting our Firm and making an appointment today, or schedule a time for a FREE consultation by calling us at 573-348-2211.

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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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.

Your Trusted Legal Resource

Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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

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.

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.