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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.
Although some divorces can be straightforward, many situations warrant the assistance of an attorney. Here are some common scenarios where legal help is valuable:
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.
Missouri’s divorce and separation laws have unique features that residents should know:
Missouri only requires that the marriage is irretrievably broken. This means you and your spouse cannot reconcile, and the marriage cannot continue.
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.
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.
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.
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.
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.
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.
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.
Missouri uses a statewide formula that considers both parents' incomes, the number of children, and other expenses to determine the appropriate support amount.
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.
Missouri residents can access several helpful resources related to divorce and separation:
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.
