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Divorce and separation law in St Louis, United States, pertains to the termination of a marriage or registered partnership. This process involves numerous legal aspects including the division of property, child custody, alimony, and the gratis preparations of separation or divorce. The family court system oversees these issues, and in some cases, the parties may need to use mediation before going to court. As per Missouri law (the state which St. Louis sits within), divorces are 'no fault', meaning no party has to prove the other one caused the breakdown of the marriage.
Engaging a lawyer when dealing with divorce and separation can be very beneficial. Legal professionals provide necessary guidance and assistance throughout the process, particularly in complex situations where property, finances, and child custody issues are involved. If your spouse has already engaged a lawyer, it would be wise to have legal representation to ensure your rights and interests are adequately protected. A legal expert can also assist with mediation, negotiation, and if necessary, court representation.
Missouri law works on a principle called equitable distribution, which applies to property division during a divorce. This means all marital property (assets and debts) acquired during the marriage will be divided fairly, but not necessarily equally. As for child custody, the court's primary concern is the welfare of the child. The court can award joint custody to both parents or sole custody to one parent. Factors considered include parental behavior, the child's needs, wishes of the parents and the child. Missouri also allows for maintenance (alimony) when one party lacks sufficient assets to provide for their needs or is unable to support themselves.
No, Missouri is a no-fault divorce state. This means you do not need to prove marital misconduct to get a divorce.
The courts in Missouri aim for an equitable division of property, which means a fair, but not necessarily equal, distribution of marital property based on several factors.
Several factors are considered, including the welfare and best interests of the child, the wishes of the child and parents, parental behavior, and more.
Alimony, or maintenance, is determined by considering aspects like the financial resources of the party seeking maintenance, the time necessary to acquire sufficient education or training for employment, the standard of living during the marriage, and the conduct of the parties during the marriage.
The time frame can vary considerably depending on the complexity of the case and the court's schedule, it could range from a few months to over a year. For a divorce to be finalized in Missouri, there must be at least a 30 day period after the filing date.
You may find assistance and resources from government bodies like the St. Louis County Circuit Court and the Missouri Bar Association’s Legal Resource page. Organizations such as the National Family Resiliency Centre and Kids in the Middle offer support for families navigating through divorce and separation.
If you require legal assistance for divorce and separation in St. Louis, consider seeking professional help. Look for a reputable family law attorney who specializes in divorce and separation. You could also reach out to the local bar association for a referral. Remember to prepare all relevant documents and information prior to your meeting for an efficient consultation.
