Most divorce and family law firms offer a free initial consultation.
5 Steps to filing for divorce in Missouri
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. All of the counties and the City of St. Louis are divided into 46 judicial circuits.
Ever county in the state has its own court, and family law courts are divisions of these circuit courts. In order to file for divorce in Missouri you must be a resident of the state for at least 90 days. You can also use this tool to find out if there are any county-specific forms that are required when filing your documents. The eight forms include:. This step is only applicable when children under the age of 18 are involved in the divorce.
When substance abuse is present in a marriage, it can be used in determining other divorce-related issues. This is probably most prevalent when determining child custody and visitation. If there is a danger to the child, as there would be with drug or alcohol abuse being present, then courts may restrict or deny visitation or custody of a child for the spouse in question. Courts will always take the best interests of the child into primary consideration and this type of problem represents a clear and present threat to the well-being of the child.
If you plan on using substance abuse as an issue in a divorce, it is best to document the abuse and how it has impacted your marriage. This can be done by gathering statements from witnesses or law enforcement, social services agencies, family members or others who can provide first-hand evidence and insights.
Dissolution of Marriage Forms - Petitioner
Bifurcation is allowed in Missouri. It means that both parties in a divorce can legally divide their divorce into two stages. The first part satisfies the grounds for the divorce. The marriage is terminated at that point. It also means that the financial aspects of the divorce such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or that have become major sticking points will be finalized at a later date. The downside of bifurcation is that it can result in two trials and more expenses and if a spouse is looking for a fresh start more quickly, bifurcation can hold one spouse hostage at the whims of the other.
In Missouri, spouses are required to disclose all income, expenses, assets, and debt that is both marital and separate as part of a divorce. It is illegal for one spouse to hide assets because this can impact an equitable division of assets. Accurate disclosure of assets is also required because is impacts whether or not spousal support should be required and what amount of child support should be ordered. Defiance of this legal requirement can result in fines and other penalties. In some cases, the issuance of a subpoena may be required, or a party may want to engage the services of a forensic accountant.
When a spouse does not participate in a divorce in Missouri either due to non-cooperation or they simply fail to show up or respond to a complaint, it is possible for the other spouse to move forward and get a divorce by default. After an initial complaint has been filed and served, a spouse has 30 days to respond to the complaint. If there is no response during that time, a judge may grant a default judgment which assumes that a spouse agrees to all terms of the requests made in the petition.
The court will hold a default and inquiry hearing where the court will review the petition, and if the unresponsive spouse does not show up, the court will finalize the divorce. In some circumstances, it may be possible to ask a spouse to set aside a default judgment if it can be shown that the reasons for doing so were valid.
In marriages where domestic violence is taking place, any actions you take related to divorce are secondary to making sure that your immediate safety or the safety of any children are taken care of first. There are strong safeguards in place by law enforcement and they will take swift actions to make sure all parties are protected.
Prior to filing for divorce, you can ask the court for a protective order to legally keep your spouse away from you. This action can extend throughout the divorce process. Domestic violence can include any kind of physical abuse, emotional abuse, stalking, or any other kind of harassment including those made through phone calls, mail, or social media inflicted on one spouse by the other. In cases where domestic violence is suspected, an abuser can be charged and may face serious legal consequences.
Missouri courts must follow specific rules and statutes regarding domestic violence that arise in the course of a divorce. A pattern or history of domestic abuse in Missouri qualifies as marital misconduct and that could support an unequal distribution of property in the divorce as well as child support or child custody rulings.
Divorce Process
If domestic violence can be documented, the abuser may not be allowed any child custody privileges, or visitation may be granted but on a severely restricted and supervised basis. The other spouse relies on this coverage and this can be a major life changing issue when a divorce takes place. In Missouri, a spouse cannot cancel insurance during a divorce. Once a divorce has been finalized, employers will not allow an ex-spouse to remain on a health insurance policy.
This is a law that protects people from losing health coverage during major life transitions. The only drawback is that this can be very expensive because an employer will no longer cover any portion of the premium. A better option may be to purchase health insurance on an exchange as part of the Affordable Care Act. Infidelity and adultery occur when a spouse has sex voluntarily with someone other than their spouse while they are still married. However, because Missouri is a no-fault state, adultery cannot be used as a grounds for divorce.
But it can still have an impact on things such as alimony, child custody or in a division of assets. The court places a primary concern on the well-being of children in a marriage and if it can be shown that adultery has created a negative environment, then custody may be affected to some degree.
If it can be shown that an adulterous spouse spent considerable marital assets on an affair, then this may also have some impact in certain cases when it comes to a division of assets or alimony. If you or your spouse are a member of the military and want to get a divorce in Missouri, you or your spouse live or be stationed in the state as a requirement. The grounds for a military divorce are the same as they are for a civilian divorce.
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Just as in a civilian divorce, once paperwork has been filed in Missouri to begin a divorce, copies must be served on a spouse to give him or her a chance to respond. However, when that spouse is in the military, they have certain protections afforded to them by the Servicemembers Civil Relief Act. This allows them to postpone the divorce while they are overseas or otherwise not able to adequately respond to the petition due to military service commitments.
Missouri Divorce Laws - FindLaw
They are also protected from being held in default from failing to respond in a timely manner. The Servicemembers Civil Relief Act eases many legal and financial burdens of military personnel and their families who face the added challenges of active duty. A service member may choose to waive delaying the divorce by signing off on paperwork which will then allow the divorce to proceed uncontested. Normal equitable property division laws apply for a military divorce in Missouri, but the federal government also protects military personnel through the Uniformed Services Former Spouses Protection Act that governs how military benefits are calculated when a divorce takes place.
Federal laws will not allow a military members retirement to be distributed to a spouse unless the couple has been married for 10 years or more while the service member was on active duty. Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets. You can email him at jason survivedivorce. Please leave this field empty. An Overview of Divorce Laws in Missouri If you are considering a divorce in Missouri, it is important to understand the divorce laws and how they apply to your situation.
Some of these include: The economic circumstances of each spouse at the time the division of property becomes effective, including the desirability of awarding the family home or the right to live in it for reasonable periods to the spouse having custody of the children The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker The value of the nonmarital property of each spouse The conduct of the parties during the marriage Custodial arrangements for minor children Tax implications Any other relevant factors Debts In Missouri, any debt acquired during a marriage is the responsibility of both parties, up to the date of separation.
How to handle your own uncontested divorce in Missouri
Gifts In Missouri, and property that was acquired as a gift specifically to one spouse is considered separate property. Inherited Property Inherited property is considered separate property in Missouri. Pensions, IRAs, Ks and Retirement Plans In Missouri, pensions and retirement benefits that are acquired during a marriage are considered marital property. Separate Property In Missouri, all real and personal property acquired before a marriage, or property acquired during a marriage through an inheritance or gift is considered separate property.
The age, physical, mental and emotional state of each spouse The impact on the ability to earn a living if one spouse was the custodial parent who served as the primary caregiver for any children in the marriage The standard of living that was created during the marriage The education levels of each spouse and how much time might be necessary for the dependent spouse to go back to school to better prepare them to earn a living after divorce Contributions by a spouse who served as a homemaker Tax issues rising from the award of alimony Any other factor that might be relevant to awarding alimony Either party can request a change in the amount of spousal support to be paid.
Alimony will end when the dependent spouse gets remarried or either spouse dies. Child Support in Missouri Child support in Missouri is based on how each parent fills out a Form 14, which indicates the monthly gross income for both parents.