Divorce laws can vary by state, so we can provide you with some general information about divorce in Missouri. However, it’s important to consult with a qualified attorney or legal professional who can guide you through the specific details and requirements of your case.
In Missouri, divorce is legally referred to as “dissolution of marriage.” Here are some key points to consider:
1. Residency Requirements: To file for divorce in Missouri, at least one spouse must be a resident of the state for a minimum of 90 days before the petition is filed.
2. No-Fault Divorce: Missouri recognizes only no-fault grounds for divorce. A no-fault divorce can be obtained by stating that the marriage is irretrievably broken. This means that there is no reasonable likelihood that the marriage can be preserved, and reconciliation is not possible. IT is not necessary to allege fault-based grounds, such as adultery, abandonment, or cruel treatment.
3. Petition for Dissolution: To initiate the divorce process, one spouse (the petitioner) must file a Petition for Dissolution of Marriage with the circuit court in the county where either spouse resides. The petitioner must provide relevant information about the marriage, such as the date of the marriage, the names and ages of any children, and the grounds for divorce.
4. Division of Property: Missouri follows the principle of equitable distribution when dividing marital property. This means that the court will aim to divide marital assets and debts fairly, though not necessarily equally. The court considers factors such as the contributions of each spouse to the marriage, the economic circumstances of each spouse, and the length of the marriage.
5. Child Custody and Support: When minor children are involved, decisions regarding child custody, visitation, and child support are made based on the best interests of the child. Missouri encourages shared parenting and joint custody arrangements, but the court will consider factors such as the child’s relationship with each parent, their physical and emotional well-being, and the ability of each parent to provide for their needs.
6. Spousal Support: Spousal support, also known as alimony, may be awarded by the court if it is deemed necessary and appropriate. Factors such as the length of the marriage, the financial resources of each spouse, their earning capacity, and their contributions to the marriage are taken into account when determining the amount and duration of spousal support.
It’s crucial to remember that divorce laws can be complex, and the specific details of your case may influence the process and outcomes. It’s advisable to consult with a qualified family law attorney in Missouri who can provide you with personalized advice and guidance based on your situation.
