Divorce can be an emotionally and financially challenging decision, and it’s essential to have a good understanding of the laws and regulations that govern the divorce process in Missouri. With this in mind, we’ve compiled a list of the top ten things to know about divorce in Missouri, taking into account the complexities and variations that can arise.
Grounds for Divorce
In Missouri, there are fault and no-fault grounds for divorce. The most common ground is irreconcilable differences, indicating that the marriage is irretrievably broken. However, other grounds such as adultery, abandonment, and abuse are also recognized. It’s crucial to note that if you decide to file for divorce based on fault grounds, you must be able to provide evidence that your spouse’s actions were responsible for the breakdown of the marriage.
Residency Requirements
To file for divorce in Missouri, one of the spouses must have been a resident of the state for a minimum of 90 days before filing. Even if you are a non-resident of Missouri, if your spouse resides in the state, you may still be eligible to file for divorce in Missouri. Nevertheless, it’s advisable to consult with a qualified divorce attorney who can provide tailored advice based on your specific circumstances.
Property Division
Missouri follows the equitable distribution principle, which means that marital property acquired during the marriage is divided fairly, though not necessarily equally. Factors such as each spouse’s income, earning capacity, and contributions to the marriage will be considered by the court when determining the division of marital property. It’s important to note that property acquired before the marriage or through inheritance is typically classified as separate property and not subject to division.
Child Custody
When it comes to child custody matters, Missouri prioritizes the best interest of the child. The court considers factors such as each parent’s ability to provide for the child, the child’s relationship with each parent, and the child’s preferences when determining custody arrangements. While joint custody is often awarded in Missouri, the paramount concern is always the child’s safety and well-being.
Child Support
Child support in Missouri is calculated based on the income of each parent and the amount of time each parent spends with the child. The state employs a formula to determine the appropriate amount of child support, which takes various factors into account, including the child’s age, medical expenses, and educational costs. It’s worth noting that child support orders can be modified if there are significant changes in circumstances, such as a parent’s income increase or decrease.
Alimony
In Missouri, alimony, also known as spousal support, may be awarded when one spouse is financially dependent on the other. The court assesses factors such as each spouse’s income, earning capacity, and contributions to the marriage when deciding whether alimony is warranted and the amount to be awarded.
Mediation
Mediation offers couples an alternative to the courtroom, as it is generally encouraged in Missouri to attempt reaching a settlement agreement through this process before going to trial. By utilizing the services of a trained mediator, both parties can work together to resolve issues such as property division, child custody, and support, aiming for a less costly and less stressful resolution.
Temporary Orders
During the divorce process, the court may issue temporary orders that establish custody and support arrangements on a temporary basis. These orders remain in effect until the divorce is finalized and a final order is issued.
Contested vs. Uncontested Divorce
A contested divorce occurs when a couple cannot reach an agreement on issues such as property division, child custody, and spousal support. Conversely, an uncontested divorce implies that the couple is in agreement on all of these matters. Generally, the uncontested route tends to be faster, less expensive, and less emotionally draining compared to a contested divorce.
Hiring a Divorce Attorney
Divorce is a complex and emotionally challenging experience, and it’s important to seek the assistance of an experienced divorce attorney to protect your rights and ensure fair treatment throughout the process. An attorney can provide invaluable guidance and support, whether that involves helping you reach a settlement agreement or representing you in court if required.
In Conclusion
Divorce is a difficult process, but understanding the legal landscape in Missouri can help alleviate some of the stress. By familiarizing yourself with your legal rights and responsibilities, you can effectively safeguard yourself and your family during this challenging time. Should you have any questions or concerns about divorce in Missouri, don’t hesitate to consult with a knowledgeable divorce attorney who can provide the necessary guidance and support you need.