In Missouri, individuals can oppose a divorce, but it’s essential to understand the legal context and the reasons behind the opposition. When one party files for divorce, the other party can choose to contest or oppose the divorce. Here are some key points to consider:
- Grounds for Divorce: Missouri is a “no-fault” divorce state, which means that individuals can seek a divorce without having to prove fault by either party. The grounds for divorce in Missouri include irretrievable breakdown of the marriage.
- Contested vs. Uncontested Divorce: In an uncontested divorce, both parties agree to the divorce terms, including issues such as property division, child custody, and spousal support. In a contested divorce, one party disagrees with some or all aspects of the divorce, which can lead to litigation and court proceedings to resolve the issues.
- Legal Representation: If you intend to oppose the divorce, it’s advisable to seek legal counsel. An attorney can help you understand your rights, assess your situation, and determine the best course of action. They can also represent you in court proceedings if the divorce becomes contested.
- Mediation and Settlement: In some cases, mediation or settlement negotiations may be an option to resolve disagreements outside of court. This approach can help reduce conflict, time, and expenses associated with litigated divorce proceedings.
- Children and Custody: If children are involved, the court will prioritize their best interests when making decisions about custody, visitation, and support. It’s crucial to consider the well-being of the children and work towards solutions that serve their needs.
- Property Division and Spousal Support: Missouri follows equitable distribution principles for property division, which means that marital assets and debts are divided fairly but not necessarily equally. Spousal support, or alimony, may also be awarded based on factors such as the duration of the marriage, each party’s financial situation, and contributions to the marriage.
Ultimately, whether you can successfully oppose a divorce in Missouri depends on the specific circumstances of your case, the reasons for the opposition, and the legal arguments presented. It’s important to approach the situation thoughtfully and seek appropriate legal guidance to protect your interests.
At Raza Family Law Solutions, we practice family law effectively guiding clients through prenuptial and post nuptial agreements, dissolution of marriage, modifications of prior judgments, and resolving child custody disputes. We also help families take a different approach to divorce with mediation and collaborative work. Contact us for a consultation at (314) 408-5957.
