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Smith, Hammond & Associates, P.C., is a full service law firm comprised of lawyers and highly-trained staff and one of the leading law firms in Southwest Missouri.
- Review existing prenuptial agreements
- Help you resolve child custody and visitation disputes
- Fight to keep your parental rights intact
- Negotiate child support and spousal support payments
- Negotiate the division of property and marital assets
A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, divorce gives each person the legal right to marry someone else. It also legally divides the couple's assets and debts and determines the care and custody of their children.
In Missouri you do not need to prove fault, commonly referred to as "no fault," to be able to obtain a divorce. Either party may obtain a divorce, even if the other party does not consent to the divorce.
The primary issues to be decided during a divorce are alimony or spousal support, property division, and, if there are children, child custody and visitation and child support. When spouses agree, they can usually obtain a divorce quickly. More typically, divorcing spouses have disputes regarding their postmarriage financial arrangements and the care and custody of their children.
Missouri is a "dual-property" state, which means that, for divorce purposes, property is further broken down into two categories: "marital property" and "non-marital property." If agreement is not reached about division of property, a trial is held and the Judge will divide your property evenly between the parties.
Alimony is also a factor that can be agreed on by the parties or decided by the Judge at trial. Alimony is calculated by evaluating one party's need and the other party's ability to pay. Property division and alimony are often hotly contested and the early advice of an experienced family law attorney can greatly impact the ultimate result.
See also: Family Law Home | Divorce Attorney | Paternity Lawyer | Custody and Visitation | Alimony and Maintenance | Adoption Lawyer | Guardianship Lawyer | Grandparents Rights | Emancipation Lawyer | Child Support | Name Change Lawyer | More InformationClick here for more information