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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.
An uncontested divorce in Missouri is a divorce case that is completely settled on all issues prior to the case being filed. This means that the husband and the wife have agreed upon the division of property and debt, the child custody arrangement, child support, and spousal maintenance (if appropriate). Usually, only one party is represented by an attorney, and the agreements have been reduced to writing and are filed with the court when the case itself is filed. An uncontested divorce is almost always favorable to contested divorce litigation, and is cheaper, faster, and less stressful on the parties and the children.
Missouri courts follow the "American Rule" when it comes to attorney fees and this basically states that each party is responsible for their own litigation costs. However, there is an exception for divorce and family law cases as a statute does authorize attorney fees in some circumstances. In order to justify such an award, misconduct during the marriage or the litigation is usually required, and/or one party makes substantially more income than the other. Most of the time, each party must pay their own attorney fees, but it never stops the parties from making the request.
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.
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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