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Welcome to the law office of Mark A. Wortman. Mark is a Kansas City divorce and family law attorney with over 23 years of experience. Because Mark focuses only on Missouri divorce and family law — and has put all of his experience in these areas — he has more knowledge and expertise in these areas than a general practice firm. He knows the law, the courts, and probably the opposing counsel. So he knows he can help you.
Mark is the author of the Missouri Divorce and Family Law Blog, which we welcome you to visit. The firm has provided all of the information on this website to be of help to you if you need assistance in a Missouri family law matter.
We work together to provide people going through one of life’s most difficult transitions with the guidance and support they need. We help you understand what to expect, explain your options and the legal process, and ensure that you know you’re not alone in the family law process. We’re at your side every step of the way.
Child custody is divided into two categories in Missouri, legal custody and physical custody. Legal custody deals with decision making rights and responsibilities, whereas physical custody deals with who has the children and when. There is an overwhelming preference for joint legal and joint physical custody. Under a joint legal custody arrangement, both parents have an equal say regarding decisions for the children, such as education, healthcare, discipline, religion, and all other important decisions. Note that the day to day routine/care decisions are made by the parent who actually has physical custody at the time. In a joint physical arrangement, both parents share time on some sort of schedule, but that schedule is not 50/50 unless that is agreed by the parties. It is important to note that there are many different parenting schedules under a joint physical custody arrangement, and joint physical custody simply means that both parents have time with the children. There is no such thing as "full custody" in Missouri, although one parent will be designated for education and mailing purposes as the custodial parent. In limited circumstances, sole legal or sole physical custody can be awarded to one parent, which would exclude the other parent from decision making, physical parenting time, or both.
If you have made all efforts to locate your spouse, and he or she cannot be found, Missouri courts will allow service by publication in lieu of personal service. This means that an notice is published in a local legal publication or newspaper for a period of 4 consecutive weeks, and if no response is filed, then the other party is deemed to be served, and a default divorce proceeding can then occur. However, it is very important to understand that the only thing the court can do is dissolve the marriage, and award custody of the children if jurisdiction is proper. The court cannot divide property, award spousal support, child support, attorney fees, or any other money judgment. Also, the Petitioner must sign an affidavit and testify as to the reasons the other spouse cannot be located, and the efforts made to locate them.
With regard to the home itself, it is ok to leave the home during your divorce, as the spouse that moves out does not give up any marital interest, and it is not abandonment per se. However, if there are children involved, moving from the home can have a huge effect on the custody case, and no decision to move out should be made without first consulting with a divorce attorney.
Your choice of family law firm can affect your whole future and that of your children. It’s important to work with a law firm that will give you the advice and support you need throughout the legal process, and a strong foundation for your life after your family law case.
Knowledge is power, and we believe that the more you know about family law, the better equipped you will be to make decisions in your case. Review our latest articles.
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