You may think getting divorced is a simple process. It might not take much time, it might work out in your favor, and you might not even need a lawyer. However, there are many different details and factors that have to be taken into serious consideration when you decide that you no longer want to be married to your spouse. Getting divorced in Missouri may not be as straightforward as you expect, and a Missouri divorce lawyer is here to help you figure it out.
The Divorce Process in Missouri
Before pursuing a divorce in Missouri, it is highly recommended that you reach out to an experienced divorce attorney and see what they have to tell you. At the very least, when you decide to divorce your spouse, you should take extra care to protect yourself and ensure you proceed the right way. You may have to consider asset division, child custody arrangements, alimony, and other factors that can make a divorce somewhat contentious.
Missouri is a no-fault divorce state, which means that you don’t need a viable reason to pursue a divorce. You can simply claim that your marriage is irretrievably broken, which essentially means that there is no way the marriage can be saved. It is beyond the point of no return. If one spouse files under these grounds and the other spouse does not attempt to dispute it, the divorce process can be amicable.
When you decide to file for divorce, there are many different important factors that you need to consider, especially when it comes to the amount of paperwork. An experienced divorce lawyer can make sure you file everything promptly and correctly, allowing you more time to work on personal priorities, such as coping with the new normal or discussing the divorce with your children.
Filing the Petition
The divorce process begins by filing the divorce petition with the court. The spouse who files is referred to as the petitioner, while the other spouse is called the respondent. The petitioner files the petition, which contains why they are pursuing divorce, who they are divorcing, and their desired outcome. It will usually include goals for child custody, child support, and asset division.
Before the petition can be filed, it needs to be properly verified. The petitioner must swear an oath before a public notary as to the validity of the petition.
Notifying Your Spouse
Before the divorce can move forward, the other spouse must be notified of your intentions. Even if you have discussed divorce with them already, you must still have the divorce papers properly served. Serving the divorce papers is a big step, and if done incorrectly, it could dismiss your divorce case entirely. There are multiple avenues of serving your spouse, such as:
- Personal Service: A court officer hand delivers the petition to your spouse, provided you can give the court information about where your spouse is going to be and how to find them.
- Process Server: You can also have the court send a process server if your spouse is difficult to locate. Sometimes, the spouse tries to actively avoid being served divorce papers, believing that if they can dodge it long enough, you may just give up. If this is the case, you need to speak to a divorce lawyer about your options.
Once the respondent receives the petition and a court summons, they will have 30 days to respond. In that time, they can write a response to the petition that details their side of events. If the court does not receive a response after 30 days, the respondent will be in default, meaning the petitioner can go to court and ask for everything they wanted in the divorce petition.
FAQs
Q: Who Can File for Divorce in Missouri?
A: Any spouse who is unhappy in their marriage may file for divorce in Missouri, though it is important that you meet the state’s residency requirements and file the proper paperwork. To get divorced in Missouri, either you or your spouse must have lived in the state for at least 90 days prior to your divorce petition.
Q: How Are Assets Divided in a Divorce in Missouri?
A: In Missouri, the court tends to go by a doctrine of equitable distribution when deciding on how to divide marital assets. Instead of a straight 50/50 split, equitable distribution means that the court divides the assets as fairly as possible, depending on the individual circumstances of each divorce case. An experienced lawyer can help assign a monetary value to each asset.
Q: How Is Child Custody Decided in a Divorce in Missouri?
A: When deciding on child custody, the judge presiding over your case must always act in the interests of the child above the parents. The decisions they make will focus primarily on the child’s well-being and what they need.
The judge will take certain factors into consideration, such as the parents’ custody wishes, the child’s educational and community needs, the mental and physical toll this process will take on the child, and the child’s own wishes if they are old enough.
Q: Does Every Divorce Result in Alimony Payments?
A: There are never any guarantees that your divorce in Missouri will result in alimony payments for you or your spouse. To consider alimony, you will have to show the judge why you are in need of it. Proving that you lack sufficient property or assets to provide for yourself or that you are unable to be financially independent at this time can certainly help your case.
Contact an Experienced Divorce Lawyer Today
Understanding the divorce process in Missouri can help ensure you go through the process efficiently without missing any important steps. Dealing with a divorce can be a painful experience, but it is often a necessity for marriages that are no longer sustainable. The legal team at Stange Law Firm is here to help you work through your divorce and protect your own interests throughout. Contact us to speak with a member of our legal team today.
