Legal Question in Family Law in Missouri

Divorce question

My wife and have decided on a divorce. We only want a lawyer to get the ball rolling and file the necessary papers to get it started. Will we need to have a lawyer present for the actual dissolution because we aren't really going to follow what the judge orders in the papers pertaining to child support and visitation. We knew it was leading to divorce anyway and have decided to do it now before it gets worse between us.


Asked on 11/07/06, 4:22 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Divorce question

You appear to have a couple of misconceptions regarding attorneys and the legal process. In the first place, a divorce is not only about dissolving the marriage. It is also about defining the legal rights and duties of the parties following the divorce. If either of you hires an attorney, it will be that attorney's duty to advise the client concerning those legal rights and duties, and to protect the client's legal rights throughout the process. One spouse's legal interests, rights and duties are of necessity distinct and often at odds with those of the other spouse. No competent attorney should ever agree to simply prepare the papers to get the ball rolling as you suggest. The attorney's ethical and professional duties require much more than that, and the attorney might be fully responsible for unfortunate results if the attorney fails in those duties. Secondly, you candidly admit that you and your spouse do not intend to comply with the Judge's Order in your case. Attorneys practicing in this area see this behavior frequently, most often months or years after the Judgment has been entered and one side has changed their mind. Again, a competent attorney should be able to help you put together a Separation Agreement and Parenting Plan that satisfies your needs and will obtain the approval of the Judge. It makes absolutely no sense to obtain a Judgment that you have no intention of obeying. That would only cause more legal problems and expense in the future. There was a commercial on TV abot a car mechanic that said "You can pay me now, or you can pay me later." If you attempt to cut corners and decline to hire an attrney to represent you at the beginning of this divorce, you will pay much, much more in the long run. Please consult an attorney in your area, and good luck.

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Answered on 11/08/06, 1:10 pm


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