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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.
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.
In Missouri, there is a very strong preference for joint legal (decision making) and joint physical (sharing time with the children) custody arrangements. Note that this does not mean 50/50 parenting time, as there are many different types of schedules under a joint custody arrangement. The court usually defers to the parents in what is in the interests of the children, and there is strong preference among Kansas City area judges that the mother and father come to an agreement regarding custody. If this cannot be done, then the court will determine custody by examining the following: Wishes of the parents, stability of the parents, the need for frequent and meaningful contact with both parents, wishes of the child (if appropriate), the ability of the parents to adequately parent the children, the safety of the home, the parents' work schedules, any history of physical or emotional abuse against any person including the child, any physical or mental conditions that may affect custody, and any other relevant factors.
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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