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Browse our 1 legal question about Divorce & Separation in United States and the lawyer answers, or ask your own questions for free.
In Saint Joseph, United States, as with all parts of Missouri, divorce and separation are governed by state laws. Divorce is legally referred to as the dissolution of marriage and it implies the termination of a marital union and the cancellation and/or reorganization of legal duties and responsibilities of marriage. Separation is an alternative option in which the couple remains legally married but lives separately. A legal separation could potentially be transformed into a divorce if desired.
While it is technically feasible to handle your divorce or separation without legal counsel, in practicality it's often a challenging and complicated process, particularly if there are shared properties, debts, children, or other joint considerations involved. Hiring a lawyer is most important when a divorce is contested, meaning the parties cannot agree on one or more aspects of the divorce terms. A lawyer can also provide legal advice, explaining state laws that govern divorce and separation in a simple, understandable way, ensuring that your rights and interests are adequately represented, and help with the demanding paperwork.
In Missouri, divorce could be granted based on "irretrievable breakdown" of marriage, and if the court finds that there is no reasonable likelihood that the marriage can be preserved. Property distribution in Missouri is subjected to equitable distribution, which means the court will divide marital property in a way that's fair, but not necessarily equal. The court also considers child custody, spousal support, and child support as fundamental issues in any divorce or separation.
No, Missouri is a no-fault divorce state meaning you don't need to show any marital misconduct or "grounds" for divorce.
Missouri follows an "equitable distribution" approach. All marital property, meaning property acquired during the marriage, will be divided in a way that's fair, which might not necessarily mean equal.
In Saint Joseph, child custody decisions are made according to what is in the "best interests of the child." This may include considering factors such as each parent's relationship with the child, parenting abilities, mental and physical health, and willingness to encourage a relationship between the child and other parent.
In determining whether to grant spousal support, the court considers a variety of factors including the length of the marriage, the financial resources of the party seeking maintenance, the earning capacity of each spouse, and the standard of living during the marriage.
Yes, a legal separation can be converted into a divorce after 90 days has passed from the date of the legal separation order.
The Missouri Courts official website provides various resources on divorce and separation including forms and legal assistance. The Missouri Bar Association, local law libraries and Legal Services of Missouri provides a wealth of resources and assistance for those going through a divorce or separation. Non-profit organizations such as the National Family Resiliency Center and Kids' Turn offer resources for families, including children, going through separation or divorce.
If you believe you need legal representation or advice concerning divorce or separation, your first step is generally to find a lawyer specializing in family law. Make sure to prepare all the documents and information related to your case. Be ready to discuss all aspects of your situation with your attorney, spend some time researching your options, understand your rights, and explore different possibilities to make your separation or divorce as smooth as possible.
