Best Divorce & Separation Lawyers in Missouri

About Divorce & Separation Law in Missouri, United States

Divorce and separation law in Missouri governs the legal process by which married couples end their marriage or opt for legal separation. The state follows a "no-fault" divorce system, which means that you do not need to prove wrongdoing by your spouse to obtain a divorce. Instead, you simply state that the marriage is "irretrievably broken." The legal procedures surrounding divorce and separation involve several stages, including filing petitions, serving documents, property division, and matters related to child custody and support. Understanding your rights and responsibilities during this process is essential for a fair and efficient outcome.

Why You May Need a Lawyer

Although some divorces can be straightforward, many situations warrant the assistance of an attorney. Here are some common scenarios where legal help is valuable:

• Disputes over child custody or visitation rights
• Concerns about fair division of property and debts
• Issues involving spousal maintenance (alimony)
• Domestic violence or safety concerns
• Complex financial assets such as businesses, investments, or retirement accounts
• Lack of communication or cooperation from the other spouse
• Questions about your legal rights and protections during the process
• Desire for mediation or alternative dispute resolution

Legal counsel ensures that your interests are protected, that you comply with the relevant laws, and that all documents are correctly filed with the court.

Local Laws Overview

Missouri’s divorce and separation laws have unique features that residents should know:

• Residency Requirements: One spouse must have lived in Missouri for at least 90 days before filing.
• No-Fault Divorce: The only required grounds are that the marriage is irretrievably broken. Fault (such as adultery) may be considered in determining property division or custody, but is not necessary to obtain a divorce.
• Legal Separation: Missouri allows for legal separations, which do not end the marriage but resolve key issues such as property, custody, and support.
• Property Division: Missouri is an "equitable distribution" state, meaning property is divided fairly, though not always equally.
• Child Custody and Support: Decisions are made based on the best interests of the child, with shared custody being a common outcome. Child support is calculated using specific guidelines set by the state.
• Spousal Maintenance: Also known as alimony, this may be awarded based on the financial need and abilities of each spouse.
• Waiting Period: There is a mandatory 30-day waiting period after filing before a divorce can be finalized.

Frequently Asked Questions

What are the grounds for divorce in Missouri?

Missouri only requires that the marriage is irretrievably broken. This means you and your spouse cannot reconcile, and the marriage cannot continue.

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

The minimum waiting period is 30 days after filing. The overall duration depends on the complexity of the case and how quickly both parties reach agreements.

What is the difference between divorce and legal separation?

Divorce ends the marriage permanently. Legal separation allows spouses to live apart and resolve key issues without dissolving the marriage, which may be important for personal, religious, or financial reasons.

How is property divided in Missouri divorces?

Property and debts are divided according to what is fair and equitable, not necessarily equally. The court considers factors such as the length of the marriage, each spouse’s contribution, and financial circumstances.

Will I have to pay or receive spousal maintenance (alimony)?

Spousal maintenance is considered based on each spouse’s financial needs and resources, their conduct during the marriage, and the length of the marriage. Not all cases involve maintenance payments.

How is child custody determined?

Custody is decided based on the best interests of the child, with courts favoring arrangements that encourage frequent and meaningful contact with both parents, when safe and appropriate.

Can I file for divorce without a lawyer?

Yes, you may file "pro se" (without an attorney). However, legal representation is highly recommended, especially if there are contested issues, children, or significant assets involved.

What if my spouse does not agree to the divorce?

You can still obtain a divorce even if your spouse contests it. The process may take longer and involve court hearings, but your spouse cannot prevent the divorce if you meet legal requirements.

How does Missouri calculate child support?

Missouri uses a statewide formula that considers both parents' incomes, the number of children, and other expenses to determine the appropriate support amount.

What should I do if I am worried about my safety during a divorce?

If you feel threatened, you may seek an order of protection from the court. Law enforcement and social services can assist with resources and support for your safety and the safety of your children.

Additional Resources

Missouri residents can access several helpful resources related to divorce and separation:

• Missouri Courts Self-Help Center - Provides guidance on the divorce process and forms
• Legal Services of Missouri - Offers free or low-cost legal assistance to those who qualify
• Missouri Bar Association - Offers lawyer directories and consumer guides on family law
• Missouri Department of Social Services - Information and assistance related to child support and custody
• Domestic violence shelters and advocacy organizations - Support for individuals facing abuse or safety concerns

Next Steps

If you are considering divorce or separation in Missouri, or have been served with divorce papers, your first step should be to gather important documents such as financial records, property deeds, and information about your children. Reflect on your goals and concerns regarding custody, property, and support. Consulting with a qualified family law attorney can ensure you understand your rights and are prepared for upcoming legal proceedings. Many attorneys offer initial consultations to discuss your situation and options. If cost is a concern, consider reaching out to local legal aid services for assistance. Taking informed, deliberate steps will help you navigate divorce or separation with greater confidence and security.