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.

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Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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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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Tips to Make Your Divorce Process Easier

Can a divorce be simple? Can a divorce be fast? Can a divorce be easy? While few people who have gone through a divorce will tell you no to these questions, the answer is yes. There are a number of key things that can be done to ease tensions and help make the divorce process as simple, quick and easy as possible. Gibbons Law Firm discusses some divorce process tips below. If you’re in need of a family law attorney at the Lake of the Ozarks, and would like to continue this discussion, schedule an appointment today.

Communication and Mediation

When a marriage ends, typically emotions run high and it can be difficult to remember important details, avoid conflict or find the personal compassion necessary to calmly navigate the divorce process. Sitting down and speaking with your spouse may seem like the last thing you want to do, but mediation can be emotionally beneficial for all parties involved. Writing a list of important personal concerns can be a helpful tool and guide as you take a step towards controlled communication with your soon to be ex.

Visit a Therapist

As you work on improving communication with your spouse, talking through your divorce process with a therapist can be helpful. Dealing with the emotional aspect of your divorce can be a challenge; the changes associated with divorce are often overwhelming and a neutral party can help you deal with the emotional problems you encounter.

Keep Children a Priority

As you and your spouse adjust to the challenges a divorce can bring, don’t forget to put the children first.  Avoid creating situations whereby children are positioned in-between adults in conflicts. Help children acclimate to the changes by doing your best to keep parental issues away from them. Instead, encourage them to have a healthy relationship with both parents, if appropriate.

Don’t Increase Your Debt

Divorce can be expensive. In addition to attorney fees, you will require finances to set up a new household. It may be difficult to come up with this income; therefore, it is wise to avoid increasing your debt by making unnecessary purchases or taking on additional credit.

Find a Lawyer You are Comfortable With

By finding a lawyer who is supportive and cooperative, some strain of the divorce process may be eased.  Once the divorce proceedings begin, your attorney will be help you achieve the best possible outcome.

Remember That Your Divorce Will End  

Divorce can be the beginning of a new and improved life situation for all. Together with your attorney, you have the power to make the process as conflict free as possible.

Softening the rough edges of divorce can take a lot of effort. By starting with the advice of a qualified, experienced attorney, you can start the process with the end in mind and focus on making your unique divorce as easy as possible. If you’re preparing for a divorce, contact our experienced divorce attorney at Lake of the Ozarks. We are honored to do all we can to assist 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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Divorce, Legal Separation and Annulment – What’s the Difference?

Given that the word “Divorce” is frequently mentioned when discussing the official separation of spouses, it is the term we largely refer to. However, there are other ways for couples to achieve a legal farewell, be it for a term or indefinitely. Going through a matter of separation can be difficult and the divorce attorney at  Gibbons Law Firm is here to answer your questions and talk about your options. Here, we will review the differences between divorce and annulment as well as legal separation.

What is a divorce?

A divorce, also known as a dissolution of marriage, is a legal procedure through which a valid marriage is ended. Following a divorce, your marital status will be returned to single and you can marry again. During a divorce, other matters such as child custody, child support, alimony and division of property can be addressed by a judge.

What are grounds for divorce?

The grounds for filing for a divorce include, adultery, routine drug or alcohol abuse and desertion. All states allow for a “no fault” divorce in which couples can simply state “irreconcilable differences,” meaning incompatibility, as a reason for their separation.

What is an annulment?

An annulment, also known as a nullity of marriage, is a legal procedure for declaring that a marriage is null and void. A court has cited that your marriage is not legally valid and that the marriage is to be considered invalid from the beginning, as if the marriage never took place initially.

What are the grounds for annulment?

Again, these laws vary from state to state, but typically, an annulment will be granted if the marriage was established under misrepresentation, fraud or force, there was a concealment of facts (like, being already married or underage), or if the spouses are closely related. Annulments are rare and the time limit varies by state. If your hope is to be granted an annulment, you will have to go to a hearing with a judge. 

What is legal separation?

A legal separation is an arrangement following a court order, by which the couple are still married but live apart. A legal separation does not end a marriage and you cannot enter into a new marriage while you are legally separated but not divorced.

When is legal separation an option?

A legal separation is often an option for couples that do not want to peruse a divorce, but choose to live apart. If a divorce is being deliberated or arranged, couples may need time to make decisions on money, property, custody and/or parenting concerns prior to the divorce proceedings. You may be able to amend the legal separation at a later date. With a legal separation, judges may make orders on things like child support, custody arrangements and domestic situations as they would in a divorce case.

There are options to consider when contemplating a future without a current spouse or partner. A divorce, annulment or legal separation may be needed in your circumstances and Gibbons Law Firm at the Lake of theOzarks assists clients with all types of family law. We can aid you in your case and provide you with the needed advice as you hope for a successful outcome. Please contact us and make an appointment today. 

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Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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Common Misconceptions About Divorce

No newlywed couple thinks their marriage will end in divorce, but with the U.S. divorce rate continuing to hover around 50%, divorce remains an unfortunate reality for thousands of couples all over the States. Our family attorney in Osage Beach MO has represented hundreds of individuals as they navigate the path through divorce towards a new chapter of their lives. Over the years, we have identified several misconceptions many people have about divorce. This week, we're dedicating our blog to clearing up some of these common misconceptions.

Misconception #1:
You Have To Prove Fault To Get A Divorce
Missouri (along with most other states) is a no-fault divorce state. This means that you can file for divorce even if your spouse has not committed some form of marital misconduct, such as adultery. All that spouses are required to prove is that there is "no reasonable likelihood that the marriage can be preserved, and that the marriage is irretrievably broken."

Misconception #2:
Since Missouri Is A No-Fault Divorce State, Conduct Does Not Matter
Though you do not have to prove that your spouse committed adultery, withheld certain important financial information, or committed some other form of misconduct in order to file for divorce, each spouse's conduct during the marriage and the divorce proceedings is still important. The Court may take this type of information into account when determining whom should receive which assets, whom should be required to pay spousal support, etc.

Misconception #3:

If I Have Always Been My Child's Primary Caregiver, The Custody Arrangement Will Be Easy
Though you may have been your children's primary caregiver in the past, this fact will not guarantee your right to full custody of your children after the divorce. The Court will award custody to the parent who is believed to be able to best provide for the child's best interests. During the proceedings, you and your attorney will have to prove to the Court that you fit this description.

Misconception #4:
All Divorces Take Place In The Courtroom
The media likes to sensationalize high-stakes, highly combative divorces as they are battled out in the courtroom, but the truth is that many divorces can be settled outside of court. This process, known as mediation, involves an attorney serving as an impartial third party serving as the liaison between the spouses as they determine how their assets and responsibilities should be divided. This method of divorce is often much more efficient, cost-effective, and less stressful.

Misconception #5:
If My Spouse Neglects To Pay Child Support, I Can Withhold Visitation Rights
If one parent has been awarded full or primary custody, the other parent may be ordered to pay child support to help shoulder the financial responsibility of raising children. If the one parent neglects to provide the child support payments as directed, the other parent may decide to withhold visitation rights until the money is received. However, this is an illegal act that can result in legal consequences on the custodial parent's part. If your spouse is neglecting to pay child support, you should consult with an attorney to determine the best course of action.

Gibbons Law Firm Will Be Here To Guide You Through Your Divorce
Facing divorce can be daunting, unnerving, and downright scary. If you are preparing for a divorce, you likely have countless questions about the process. Our divorce lawyer in Osage Beach MO has experience navigating divorce cases and would be honored to assist you through this challenging time. To learn more about our family law services at the Lake of the Ozarks, visit our website or call us at 573-348-2211.

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.