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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.
In Missouri, child support is calculated using the Form 14. The Form 14 is a formula generates a "presumed" amount of child support that the court will usually adopt. However, under the right circumstances, a Missouri Court can reject the Form 14 amount and order any other child support amount deemed appropriate. Also, the parties are free to agree to any amount of child support that they want, as long as the court believes that the children will be financially taken care of. The Form 14 calculation includes the following: incomes of the parties, other child support or maintenance orders, health insurance premiums, uninsured medical costs, daycare costs, extracurricular activity expenses, other extraordinary expenses, a credit for the number of overnights the non-custodial parent has, and other factors.
Most of the time, yes. However, some counties, such as Jackson county (Kansas City, MO), will allow a case to be submitted by affidavit as long as one party is represented by an attorney, there are no children, and all property issues have been resolved by written agreement. Any other type of uncontested case will require a brief court appearance to "make a record" of the settlement, is basically a formality to conclude the case.
Contested cases usually require multiple court appearances, but depending on the county and the judge, your divorce attorney may be able to handle all appearances for you.
If the case goes to trial, your appearance is always required.
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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