Divorce: 4 Do's & 4 Don'ts

Divorce is one of the most challenging, emotional, and stressful processes anyone can undertake. No matter how you and/or your spouse came to the decision that divorce was necessary, you can expect to face frustrations, arguments, and strong emotions during the process.

However, there are certain things you can do that may help simplify the process. Today, our divorce lawyer in Camden County, MO is here to look at some of the things you can do to ease the divorce process, as well as some behaviors and actions that should be avoided.

When navigating a divorce, DO...

• Cooperate as much as possible. There's no need to make things harder on yourselves by arguing over unimportant details.
• Fully disclose your assets and property. If the court discovers that you have hidden assets, they may start the entire process over again from the beginning (and you may face consequences for your actions). 
• Support your children's continued relationship with your spouse. You may have chosen to separate from your spouse, but your children haven't necessarily come to the same decision. Don't make things harder on your little ones by demanding that they pick sides.
  
• Ask your attorney to clarify anything you don't understand. Your attorney works for you. If you have questions or concerns at any point in the process, don't hesitate to address them with your lawyer.

When navigating a divorce, DON'T...

• Hide (or hide your children) from your spouse. If you disappear prior to filing for divorce (or at some point during the divorce proceedings), your spouse may hire law enforcement to track you down. This type of disappearance may hurt your case during a custody battle. (The possible exception to this rule is if you believe you or your children are endangered by your spouse. If this situation applies to you, contact our attorney immediately to determine your best option.)
• Make big life changes until your divorce is finalized. It is impossible to predict exactly how long divorce proceedings will take. Don't make any commitments to begin a new job or move to a different area until after the process is finalized.
• Violate temporary custody agreements. If you violate temporary custody orders, the court may give primary custody privileges to your spouse.
• Use your children as leverage. Custody and visitation rights are their own issues. You cannot leverage time with the children as a way to manipulate your spouse. Not only will it not get you the results you want - it may result in your own custody privileges being result.

Contact Us If You Need Representation

Divorce can be a challenging process, but having an experienced Lake of the Ozarks divorce lawyer on your side can make the process much easier. If you are in the middle of (or think you may soon face) a divorce, we encourage you to schedule a consultation with our law firm in Lake Ozark, MO. 

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 Things You Didn't Know About Custody Disputes

Almost without exception, custody disputes are the most stressful aspect of contested divorces. With both parents wanting to remain actively involved in their children's lives, the debate over how custody should be divided is often heated. In order to improve your chances of being awarded custody of your children, it is important that you educate yourself on the various important aspects of custody disputes. Our Lake of the Ozarks divorce attorney is here to help by shedding some light on some of these aspects.

4 Things You Didn't Know About Custody Disputes

1. The Court Only Cares About The Children's Best Interests.
Here's the bottom line: when the court awards custody, they do so in the way they believe will account for the children's best interests. Modern courts recognize the important roles both parents play, so whenever possible they will likely try to divide custody (or at least award ample visitation time) so that the children can spend plenty of time with each parent. However, if the court determines that one parent is unable to provide for the children's best interests, their custody or visitation rights may be severely limited.

2. Your Career May Impact Your Ability To Gain Custody.

Raising children requires a significant investment of time, energy, and devotion. Children need almost constant interaction with and attention from their parents in order to thrive. If your career demands that you travel frequently or work incredibly long hours, the court may choose to limit your custody based on the fact that you will not be able to be physically present with your children as much as they need you to be.

3. You Have To Be Cordial With Your Spouse.
Since you're getting divorced, it is probably safe to assume that you and your spouse are not on the best of terms at the moment. Nevertheless, it is imperative that you remain as cordial and cooperative as possible. As stated earlier, the court is trying to decide which parent will be able to provide for the children's best interests. If you routinely started heated arguments with your spouse (or other adults), the court may assume that it's only a matter of time before you turn that wrath towards your children.

4. Your Behavior Matters... A Lot.
You're probably aware that the way you interact with your children will influence your chances of being awarded custody, but as we just discussed, it is imperative that you avoid unnecessary arguments with your spouse and other adults. It is also critical that you exhibit responsible behavior in other aspects of your life; if you drink heavily, abuse substances, overly engross yourself in work, rush straight into a new relationship, or exhibit types reckless behavior, the court may deem you unfit to provide for your children's best interests.

Contact Our Firm For Assistance

If you are preparing for (or in the middle of) a battle for custody of your children, it is important that you secure representation from an experienced divorce attorney in Lake Ozark, MO. Your divorce attorney will be able to coach you through the process, shedding light on the strategies that may improve your chances of being awarded custody and which tactics may do more harm than good.

If you are looking for a divorce lawyer at the Lake of the Ozarks, we hope you'll consider Gibbons Law Firm. Call us at 573-348-2211 to schedule your initial 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.

5 Issues That May Complicate The Divorce Process

Even under the best circumstances, divorce is rarely easy. Ending a marriage requires the dissolution of both a personal and a legal arrangement, and emotions tend to run high during the process. In a perfect world, both spouses would cooperate as much as possible so as to not create unnecessary stress and strain on the situation. Unfortunately, things rarely progress in this idyllic fashion. This week, our family law firm in Lake Ozark MO is here to take a quick look at some of the factors that may complicate the divorce process.

1. Custody Disputes

This likely won't come as a surprise, but custody disputes are some of the most common complications to arise during divorce. If you and your spouse cannot come to an agreement on how custody and associated parental responsibilities should be divided, you may end up facing a long, combative struggle over custody rights.

2. Disparate Income

If one spouse earns substantially more than the other, disputes may arise over alimony or child support. The higher-earning spouse will likely (understandably) wish to keep monthly payments to a minimum so as to have more money to devote to new life situations that may present. On the other side of the equation, the lower-earning spouse may be concerned about maintaining the lifestyle they became accustomed to during marriage. 

3. Extensive Assets

With so much at stake, high-asset divorces are often highly contested. If you or your spouse share substantial retirement accounts, high-dollar real estate, six- or seven-figure bank accounts, or other valuable assets, you may run into difficulties determining whom should receive what.

4. Extensive Liabilities

Just as owning valuable assets can pose a challenge during the divorce process, so can having expensive liabilities. If you and your spouse accumulated significant debt during your marriage (car loans, student loans, credit card debt, etc), you will have to determine how to divide these financial burdens.

5. Pregnancy

If a wife becomes pregnant at any point during the divorce proceedings, the process will instantly become much more complicated - and probably extended. The divorce cannot be completely finalized until the new child is born, because it is not until that time that the court can finalize custody or child support for the new baby. Additionally, it is worth noting that when a married woman gives birth to a baby (either during the marriage or within 300 days of her divorce), her husband is legally presumed to be the father. This is true even if she and her husband had been unofficially separated for several years. If either parent wishes to contest this automatic ruling, a paternity test will have to be ordered to officially designate whom the father is.

Gibbons Law Firm Is Here To Assist

While securing quality representation for your Lake of the Ozarks divorce is always wise, it becomes all the more crucial when complications arise. No matter the types of issues that present during your divorce, an experienced divorce attorney in Osage Beach MO will be able to help you approach the situation strategically. 

If you would like more information about our family law services at the Lake of the Ozarks, visit our website at www.RGibbonsLawFirm.com or call 573-348-2211 to schedule your free 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.

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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Divorce vs Annulment: Understanding The Difference

Almost everyone dreams of a long, happy, fulfilling marriage. Fortunately, about half of all married couples get to experience this dream turning into a reality as the years pass. Unfortunately, the other half of all marriages in the United States end because the couples decide that the marriage is no longer working.

Marriage As A Legal Entity

A marriage is more than a relationship between two people. The personal connection of the people involved is the foundation (and most important part) of a marriage, but beyond that, marriage is a legal arrangement. It is a legal contract between two people who have agreed to share their lives together. As such, there are specific procedures that must be followed when a marriage is formed, and similarly specific procedures that must be followed when a marriage is ended. Today, our family law firm in Osage Beach MO is here to examine two ways that marriages may end: divorce and annulment.

Divorce

With nearly half of all marriages ending in divorce, this is by far the most common means by which marriages end. Divorce is the official, legal dissolution of a marriage. It acknowledges the relationship and the life that the couple shared, and aims to ensure that each spouse is provided for as they define their lives as separate individuals once again. The court will strive to divide all marital assets as equitably as possible. Depending on the financial situation of each spouse and the specific circumstances surrounding their marriage/divorce, the court may order a higher-earning spouse to provide financial support to the lower-earning spouse in the form of spousal maintenance (also called alimony).

If there are children involved, the court will divide custody in the manner it deems to be in the child's best interests. While each parent will understandably have strong feelings about the custody agreement, the court will focus almost exclusively on the children's needs. The goal is to form the custody order they believe will best provide for these needs.

Annulment

Like divorce, annulment is another way that a marriage may end. However, an annulment is a very different process from a divorce. Whereas a divorce acknowledges the dissolution of a marital union, an annulment erases a marriage so completely that legally, it is considered to never have even existed.

Because they completely wipe the slate clean, annulments are only allowed under very select circumstances. Specifically, the marriage must have been considered legally void due to some invalidating factor, such as coercion, incest, misrepresentation, concealment, or lack of consent. Only marriages formed under these certain invalid circumstances may qualify for an annulment.

Our Family Attorney Is Here To Help

If you are facing the possibility of dissolving your marriage, we hope you'll consider contacting our Lake of the Ozarks law firm for assistance. Our team will be here to help you prepare for the challenges of ending a marriage, and we would be happy to answer your questions on the legalities of divorce or annulments. For more information about our Missouri family law services, visit our website at www.RGibbonsLawFirm.com. You can also call us directly 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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No attorney-client relationship is created by the publication of this blog.

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