A Divorce Lawyer in Jefferson County MO Represents Clients in Some Unusual Cases

by | Nov 18, 2019 | Lawyers

A Divorce Lawyer in Jefferson County MO sometimes represents clients in circumstances that are somewhat unusual. Most divorce cases these days are uncontested, even if one spouse really does not want the marriage to end. Each hires their own lawyer to work out any disputes about asset division and child custody. Examples of more unusual cases include those in which one spouse left several years ago and those in which a spouse has been institutionalized for severe mental illness.

Divorce After Spouse Has Been Gone for Years

Sometimes a husband or wife wants a divorce after the spouse moved out and left town. They may not have communicated in years. The client of a Divorce Lawyer in Jefferson County MO may not even be sure the spouse is still alive. The attorney must make a reasonable attempt to notify this individual of the divorce filing, which includes placing notices in newspapers. The divorce will be completed smoothly if the spouse does not respond and protest it.

On rare occasion, it happens that the spouse who has left remarried without ever getting a divorce. The husband or wife who is now filing for divorce can still go ahead and do so through an organization such as Wegmann Law Firm. The marriage of the other spouse is now determined to be legally invalid since bigamy is illegal.

Discovering That the Wife Who Left Was Pregnant

Legal trouble also arises when a wife has moved out and left town while pregnant but never informed the husband about the pregnancy. If one of her family members sees the printed notice of a divorce filing, that relative might contact the lawyer and explain the situation. The husband, by law, is assumed to be the father, but DNA testing will be necessary if the mother insists he is not.

Divorcing an Institutionalized Person

Divorcing a spouse who has been institutionalized because of uncontrolled serious mental illness can be complicated. The matter is relatively straightforward if there are no children and little in the way of assets. State law requires equitable distribution of marital assets, or those acquired after the marriage took place.

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