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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.
Being the first to file for divorce does have some advantages, although in most cases it is not particularly relevant. In Missouri, whomever has the children at the time the case is filed is deemed to have temporary custody of the children, which can be an advantage. Also, if the case ends up going to trial, the person who files first (called the Petitioner) will get to present their case to the court first, which in many cases is an advantage. Finally, and perhaps most importantly, being the first to file puts pressure on the Respondent to act or face a default judgment.
It depends on what part of the court order is not being followed. For child support matters, enforcement actions can be initiated by the prosecutor's office or the Family Support Division, or by the custodial parent in a civil contempt action. For child custody violations, enforcement can include contempt of court, family access motions, or even habeas corpus actions. For property or maintenance issues, civil contempt is the primary remedy. Contempt of Court can result in a party being incarcerated until the contemptuous actions are remedied.
Mediation is an out of court process where a third party attorney who is certified as a mediator will help the spouses come to an agreement on any unresolved issues. Most Kansas City area courts will require mediation to be completed before certifying the case for trial in a contested divorce case involving child custody. Mediation can also be used prior to filing the case to help the parties proceed with an uncontested case. A mediator does not represent either party, and cannot file the divorce case. Also, a mediated agreement is not binding until reduced to a settlement agreement and approved by the court.
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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