It must be signed by one spouse under oath before a notary. In a default divorce, the procedure is very similar, but only the Petitioner is involved. Where to File: in general, you need to file the documents in person in the county where you live or in the county where your spouse lives.
5 Steps to filing for divorce in Missouri
Make two copies of all the documents. Giving copies to your spouse: you must provide your spouse with official notice of the documents you are filing. This is called service. The Petition must be officially served. Standard procedure is for a sheriff to hand deliver the petition.
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The pro se paperwork has a form that your spouse can sign that waives this requirement and accepts service. The other documents do not need to be formally served, but you must designate that the bottom of each document how you are providing these copies to your spouse, which can be in person, by mail, or by email. You must sign to certify that a copy of each document you file is provided to your spouse.
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You need to pay the filing fee. The waiting game: Your Petition must be on file for 30 days before the court can grant your divorce. After the expiration of 30 days, you can contact the clerk about having your case set for a trial.
If you have children, you must attend a parental education class before your case can be finalized. Your county clerk will have information about the required class and how to register. The hearing: You will need to set your case for an uncontested hearing in front of a family court judge before the judge will sign off on the order of divorce.
How Do I? | Cole County, MO
You will need to provide notice of the hearing date to your spouse. Some counties will provide you with a script to read to the judge when you testify. If you are not residents in the state you will need to either become one and wait 90 days to file, or file for the state in which you a legally deemed a resident. A contested divorce means there are no disputes on things like property division, alimony, child support, or child custody. In other words, all you need to do is complete the appropriate filings and documentation. While every divorce is different, the primary steps to completing your dissolution of marriage can be broken down into five steps.
These steps can be seen below, along with a summary of what each step entails.
Divorce in Missouri – FAQs
Divorce fees are never an expense an individual likes to pay, but if you do chose to represent yourself you put yourself at risk of paying additional fees in child support or alimony, unfair property distribution rulings, and even unfair child custody rulings. Ultimately, there are two options to chose from when you decide to file for divorce:.
Most divorce and family law firms offer a free initial consultation. Speaking with an attorney can get a lot of your questions answered about things like costs, legal filings, property distributing, and child custody situating. We highly suggest, at the very least, to contact a local divorce attorney to help you make a more educated decision on whether or not you represent yourself. Another key factor you should keep in mind when hiring a divorce lawyer is whether they not they are a practicing family law lawyer.
If children, especially under the age of 18, are involved you want to make sure your attorney has the ability to handle family law matters like child support and child custody.
We, like many divorce and family lawyers in St. Louis , offer a free consultation to help individuals contemplating divorce. If you chose to represent yourself , there are certain requirements that must be met. After you complete your program you will need to file your certificate with the court. The state provides resources for seven different family law matters. Depending on your case, there may be multiple resources you will be required to read before filing your certificate.