How to Get a Divorce in Missouri: A Guide

How to get a divorce in Missouri is a question many face, navigating the complexities of legal processes and emotional transitions. This guide offers a comprehensive overview of Missouri divorce laws, outlining the steps involved from filing to finalization, and providing resources for navigating this challenging journey.

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From understanding grounds for divorce and residency requirements to exploring the different types of divorce proceedings and resolving critical issues like property division and child custody, this guide equips individuals with the knowledge needed to make informed decisions throughout the process.

Understanding Missouri Divorce Laws

Missouri is a no-fault divorce state, meaning that you don’t need to prove fault or wrongdoing by your spouse to get a divorce. You simply need to show that your marriage is irretrievably broken. There are different types of divorces in Missouri, and it’s important to understand which one applies to your situation.

Grounds for Divorce in Missouri

Missouri law allows for divorce on the grounds of “irreconcilable differences.” This means that the couple has reached a point where they cannot live together amicably and the marriage is beyond repair. There are no specific requirements for proving irreconcilable differences, but the court will consider factors such as the length of the separation, attempts at reconciliation, and the likelihood of future reconciliation.

Types of Divorce in Missouri

Uncontested Divorce:This type of divorce occurs when both parties agree on all aspects of the divorce, including property division, child custody, and spousal support. It is typically faster and less expensive than a contested divorce.
Contested Divorce:This type of divorce occurs when the parties cannot agree on one or more aspects of the divorce. It often involves a lengthy court process, including discovery, hearings, and possibly a trial.

Residency Requirements for Filing Divorce in Missouri

To file for divorce in Missouri, you must meet the residency requirements. You must be a resident of Missouri for at least 90 days and a resident of the county where you file for at least 30 days. If you meet these requirements, you can file for divorce in Missouri, even if your spouse lives in another state.

Filing for Divorce in Missouri

Once you understand the grounds for divorce and meet the residency requirements, you can begin the process of filing for divorce. The process involves several steps, including filing the necessary paperwork and serving the other spouse with the divorce papers.

Steps Involved in Filing for Divorce

Prepare the necessary paperwork:This includes a Petition for Dissolution of Marriage, a Summons, and a Disclosure Statement. The Petition Artikels the grounds for divorce, the requested relief, and any other relevant information. The Summons informs the other spouse of the divorce action. The Disclosure Statement provides information about your financial situation, assets, and debts.
File the paperwork with the court:You will need to file the paperwork with the circuit court in the county where you reside. You can find the appropriate court by contacting the Missouri Court System website or the Missouri Bar Association.
Serve the other spouse with the divorce papers:Once you have filed the paperwork, you must serve the other spouse with the divorce papers. This can be done by a sheriff, constable, or a private process server. The other spouse has a certain amount of time to respond to the divorce petition.

Types of Divorce Courts in Missouri

Missouri has several different types of courts that handle divorce cases. The type of court that will hear your case depends on the specific circumstances of your divorce. For example, if you are seeking a divorce based on grounds of adultery, your case will be heard in a circuit court.

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Jurisdiction of Divorce Courts, How to get a divorce in Missouri

The jurisdiction of a divorce court is determined by the residency of the parties. If both parties reside in Missouri, the divorce case will be heard in the county where either party resides. If one party resides in Missouri and the other resides in another state, the divorce case may be heard in Missouri if the Missouri resident meets the residency requirements and the court has jurisdiction over the non-resident spouse.

Divorce Proceedings in Missouri: How To Get A Divorce In Missouri

Once the divorce papers have been served, the divorce proceedings begin. The process typically involves several stages, including discovery, hearings, and possibly a trial.

Stages of a Divorce Case

Discovery:This is the stage where both parties gather information about each other’s finances, assets, and debts. This can be done through requests for documents, depositions, and interrogatories.
Hearings:These are formal meetings where the parties present evidence and arguments to the court. Hearings can be held on various issues, such as child custody, child support, and property division.
Trial:If the parties cannot reach an agreement through negotiation or mediation, the case may go to trial. At trial, the parties present their evidence and arguments to the judge, who then makes a decision on the issues in dispute.

Role of Mediation in Divorce Proceedings

Mediation is a process where a neutral third party helps the parties reach an agreement on the issues in dispute. Mediation is often encouraged in divorce cases, as it can help to reduce conflict and save time and money. If the parties agree to mediate, they will work with a mediator to try to reach a settlement agreement.

If the parties are able to reach an agreement, the mediator will draft a settlement agreement that is then submitted to the court for approval.

Orders Issued in a Divorce Case

The court can issue a variety of orders in a divorce case. Some common orders include:

Child Custody Orders:These orders determine who will have custody of the children and how they will be raised. The court will consider the best interests of the children when making these orders.
Child Support Orders:These orders require one parent to pay financial support for the children. The amount of child support is determined by the state’s child support guidelines.
Spousal Support Orders:These orders require one spouse to pay financial support to the other spouse. Spousal support is typically awarded to a spouse who is economically disadvantaged as a result of the divorce.

Resolving Divorce Issues in Missouri

Divorce cases often involve a number of complex issues that must be resolved. These issues can include property division, child custody, and spousal support. There are a number of different methods for resolving these issues, including negotiation, mediation, and litigation.

Common Issues in Divorce Cases

Property Division:Missouri is an equitable distribution state, meaning that the court will divide marital property fairly between the parties. Marital property is defined as any property that was acquired during the marriage, with the exception of separate property. Separate property is defined as any property that was acquired before the marriage, received as a gift, or inherited during the marriage.

The court will consider a number of factors when dividing marital property, including the length of the marriage, the contributions of each spouse to the marriage, and the economic circumstances of the parties.
Child Custody:The court will make custody orders that are in the best interests of the children. The court will consider a number of factors when making these orders, including the age of the children, the relationship between the children and each parent, the stability of each parent’s home, and the ability of each parent to provide for the children’s physical, emotional, and educational needs.
Spousal Support:Spousal support, also known as alimony, is a payment made by one spouse to the other spouse after a divorce. The purpose of spousal support is to help the economically disadvantaged spouse become self-supporting. The court will consider a number of factors when determining whether to award spousal support, including the length of the marriage, the earning capacity of each spouse, the age and health of each spouse, and the contributions of each spouse to the marriage.

Methods of Resolving Divorce Issues

Negotiation:The parties can try to reach an agreement on their own. This can be done through direct communication or through their attorneys.
Mediation:The parties can work with a mediator to help them reach an agreement.
Litigation:If the parties cannot reach an agreement through negotiation or mediation, they can go to court to have the judge decide the issues.

Examples of How Divorce Issues are Addressed

The specific way in which divorce issues are addressed will vary depending on the specific circumstances of each case. For example, in a case where both spouses have similar earning capacity, the court may order an equal division of marital property and no spousal support.

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However, in a case where one spouse has a significantly higher earning capacity than the other spouse, the court may order a more unequal division of marital property and award spousal support to the economically disadvantaged spouse.

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Divorce Finalization in Missouri

Once all of the issues in a divorce case have been resolved, the divorce can be finalized. The finalization process involves the entry of a final judgment by the court.

Finalizing a Divorce

Entry of a Final Judgment:Once the court has made a decision on all of the issues in the case, the court will enter a final judgment. The final judgment will set forth the terms of the divorce, including the division of property, child custody, child support, and spousal support.
Review and Approval:The parties have the opportunity to review the final judgment and make sure that it reflects the agreement that they reached. If the parties are satisfied with the final judgment, they will sign it.
Filing with the Court:The final judgment is then filed with the court, which makes it official.

Implications of a Divorce Decree

A divorce decree has a number of implications for the parties’ lives. For example, the divorce decree will:

Terminate the marriage:The parties are no longer legally married.
Divide marital property:The divorce decree will specify how the parties’ marital property is to be divided.
Establish child custody and support:The divorce decree will set forth the terms of child custody and support.
Award spousal support:The divorce decree may award spousal support to one spouse.

Modifying Divorce Orders

In some cases, it may be necessary to modify a divorce order after it has been finalized. For example, if there is a significant change in circumstances, such as a job loss or a change in the children’s needs, the court may modify the child support or spousal support orders.

Legal Representation in Missouri Divorce Cases

It is highly recommended to seek legal representation in a divorce case. An attorney can help you understand your rights and obligations, negotiate a favorable settlement, and represent you in court if necessary.

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Importance of Legal Representation

Protecting your rights:An attorney can help you understand your rights and obligations under Missouri law.
Negotiating a favorable settlement:An attorney can help you negotiate a favorable settlement with your spouse.
Representing you in court:An attorney can represent you in court if you cannot reach an agreement with your spouse.

Types of Legal Professionals

Attorneys:Attorneys are licensed to practice law and can provide legal advice and representation in divorce cases.
Mediators:Mediators are neutral third parties who help the parties reach an agreement. Mediators are not attorneys and cannot provide legal advice.

Finding a Qualified Divorce Attorney

Ask for referrals:Ask friends, family, and colleagues for referrals to divorce attorneys.
Contact the Missouri Bar Association:The Missouri Bar Association has a lawyer referral service that can connect you with qualified divorce attorneys in your area.
Interview several attorneys:Before hiring an attorney, it is important to interview several attorneys to find one who is experienced in divorce cases and who you feel comfortable working with.

Resources for Divorcing Individuals in Missouri

If you are going through a divorce in Missouri, there are a number of resources available to help you.

Resource	Contact Information	Website
Legal Aid of Western Missouri	(816) 474-6700	https://www.lawyershelping.org/
Missouri Bar Association	(573) 635-4128	https://www.mobar.org/
Missouri Department of Social Services	(573) 751-2300	https://dss.mo.gov/
Missouri Coalition Against Domestic Violence	(573) 636-1422	https://mocadv.org/

Final Wrap-Up

Divorce is a significant life event, and understanding the legal framework in Missouri is crucial for navigating the process effectively. This guide has provided a roadmap for individuals seeking to dissolve their marriage, offering insights into the various stages, common issues, and available resources.

While legal representation is often recommended, armed with this information, individuals can confidently approach the divorce process with greater clarity and understanding.

Clarifying Questions

What is the average cost of a divorce in Missouri?

Divorce costs vary significantly depending on factors like the complexity of the case, the need for legal representation, and whether a settlement is reached. It’s best to consult with an attorney for an accurate estimate.

Can I file for divorce online in Missouri?

While some courts may offer online filing options, it’s essential to consult with a legal professional to ensure compliance with specific court requirements and avoid potential errors.

What are the grounds for divorce in Missouri?

Missouri recognizes various grounds for divorce, including incompatibility, adultery, and abandonment. Consult legal resources for a detailed understanding of each ground.

How long does it take to get a divorce in Missouri?

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The duration of a divorce case varies based on factors like the complexity of the issues involved and whether a settlement is reached. It can range from a few months to several years.