Divorce is a complicated process that can affect every aspect of your life. From your relationships with family members to your financial status, a divorce can have lasting consequences.
When one or both parties decide that their marriage is over, they can file for a divorce, and you may wonder how to file for divorce in missouri. However, there are some things that can make this process more difficult than it seems.
No-Fault Divorce
The process of filing for divorce in Missouri can be quite complex. That’s why it’s important to hire a competent divorce attorney.
The first step is to file the Petition for Dissolution of Marriage with a local court. The form must be filled out and signed by both parties. It must also include a parenting plan (if they have children) and a family court information sheet xotic news.
A judge will then review the petition and other documents. If there are no issues with the papers, they will issue a summons to your spouse and send them to court.
Generally, it takes 30 days after filing for the court to issue an order for the dissolution of your marriage. However, you may have a shorter waiting period if you can settle the issues between you and your spouse.
In the state of Missouri, a no-fault divorce is a legal option that allows a spouse to obtain dissolution of their marriage without having to prove any specific wrongdoing on the part of their spouse. Typically, couples seek a no-fault divorce for irreconcilable differences.
Division of Property
When a couple files for divorce in Missouri, they must disclose all of their assets and debts. They can then negotiate their property division and alimony (if necessary) before formally requesting the court’s help.
However, if the parties are unable to come to an agreement about their assets and debts, then the court will make the decision for them. The judge will consider what assets are marital and what are non-marital property, and they’ll split them fairly in accordance with each spouse’s best interest.
While there is no set list of statutory factors for determining property division, the courts are generally concerned with what each party did during their marriage and how each party earned and needs to earn after separation. They also take into account one spouse’s economic misconduct, contributions to the acquisition of marital property, and where children will live following the dissolution of the marriage.
Alimony
In Missouri, alimony is a type of financial support awarded to a spouse during or after a divorce. It may be temporary, periodic, or permanent.
Judges consider a number of factors in awarding alimony, including a spouse’s age, health, financial background, time necessary for job training or education, and the couple’s standard of living during the marriage.
Generally, alimony is meant to help spouses maintain a standard of living that is close to what they had during the marriage. However, it isn’t always easy to agree on alimony payments in a divorce case.
Payments can be terminated for a number of reasons, including if a paying spouse’s income or financial status has changed significantly. Alternatively, a receiving spouse may file for a modification, which requires substantial evidence of a change in circumstances.
Child Custody
When a couple divorces in Missouri, the court may make several decisions on issues such as child custody and child support. These decisions are based on the best interest of the children and are often difficult to resolve.
A court will typically award custody of children to the parent who is better suited to take care of them. This is usually based on the behavior of each parent and any other factors that are important to the child’s well-being.
In some cases, a guardian ad litem or a child-care advocate may be appointed to represent the interests of the children. These individuals can advocate for the child’s needs in court and can help to create a parenting plan that will work for the family.
In many cases, spouses can agree to an uncontested divorce. This is a good option because it avoids the lengthy and costly process of fighting in a contested divorce.
