Smith Montgomery & Associates, P.C.

Smith, Montgomery & Associates, P.C., comprised of attorneys and highly-trained staff and one of the leading law firms in Southwest Missouri, is a full service law firm with over 65 years of combined experience.

Go to the county clerk's office and ask for an Order of Protection or a Restraining Order. You will have to explain the details of the incident on paper, and the judge may grant the request for a limited time. The judge will set a hearing on the matter, usually within about 30 days. The other party will be allowed to appear and tell her/his side of the story. We strongly encourage you to make an appointment for a free first visit with an experienced member of Smith, Montgomery & Associates' Family Law Team as soon as you have a hearing date.

Yes. You may speak regarding visitation with children so long as the conversation is limited to the children.

If your home was purchased after your marriage, or if both names are on the home, or if both names are on the lease, it is considered the marital home and neither person can force the other person to move out. When possession of the home is an issue, though, a judge may hold a hearing and order one of you to move out, regardless of whose name is on the home documents. If you are in this situation, please call the experienced and caring Family Law attorneys at Smith, Montgomery & Associates to discuss what may happen in your particular case.

Generally, your attorney will also want to see all of your documents from any prior activity in the court, if any. It is also helpful if you bring a written timeline showing all pertinent events, such as date of marriage, date of birth of any children, date of separation, etc. Also bring copies of any bills and a list of property.

If you and the other party cannot agree on who will get custody, the judge will determine custody, based on what is in the best interest of the children. A Temporary Hearing is often set to temporarily settle issues of custody, child support and residence while you and the other party are in the process of the case. The judge will be trying to preserve the status quo. If you believe your child is in danger, then an Emergency Hearing may be necessary. The judge will usually give physical and legal custody to one parent and visitation to the other parent, who will also be ordered to pay child support. The Judge will look at the lifestyle of both parents and the living conditions for the children when deciding which parent will be awarded custody. Until the judge rules on custody, both parents have an equal right to the children. Call Smith, Montgomery & Associates for a free first visit with one of our experienced Family Law attorneys as soon as possible to make sure you are doing all you can to get custody!

Any property or debts that you had prior to the marriage, or that you inherited during the marriage, or that you were given separately as a gift, is usually considered your personal property or debt. Any other property or debt that was acquired while you were married, regardless of who paid for it or incurred it, is joint marital property or debt and will have to be divided by the judge if you and your spouse cannot reach an agreement. As in all family law matters, this issue can get very complex. Consult with one of our Family Law attorneys about your individual case.

You can record any non-telephone conversations, and one of our Family Law attorneys will work with you on what may be allowed in court. You can also record telephone conversations, as long as one of the parties consents, and the Judge will also allow the recording to be used in Court, as long as the proper groundwork for the recording is shown. Please consult one of Smith, Montgomery & Associates' Family Law attorneys before recording any conversations to be sure your recordings will be able to be used in court.

Yes, if you have written permission from the other party or from the court. Call Smith, Montgomery & Associates for a free first visit with a Family Law attorney to find out what requirements your Judge may have for this written permission. The other party may object, and a hearing will be set. There are special notices to be given to ther other party prior to moving, so talk to one of our Family Law attorneys before any relocation.

If you have children, you must not date until you are divorced because you are still married to your spouse and the judge could consider any dating to be misconduct. Misconduct of either party may have severe effects on custody of children and potential maintenance awards. Make an appointment for a free first visit with an experienced Family Law attorney at Smith, Montgomery & Associates. We will review the particular facts of your case with you and help you make informed decisions about your personal matters.