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It is not necessary to prove fault in order to obtain a divorce. However, in order for the court to grant a divorce, the court must find that the marriage is irretrievably broken.
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If the court does not find that the marriage is irretrievably broken, then the court will grant a legal separation. However, marital fault including dissipation of marital assets, improperly increasing marital debt, and extramarital affairs is a factor that can be considered by the court in deciding other issues including maintenance or alimony and the division of marital property. Fault Divorce. If your spouse does not want a divorce and denies that the marriage is irretrievably broken, you may still obtain a divorce.
You will need to show one of the following:. If the court does not find that the marriage is irretrievably broken and grants a legal separation, then either party can file a Motion to Convert the legal separation judgment of legal separation into a divorce judgment of dissolution no earlier than 90 days from the date that the judgment of legal separation was entered by the court. It is certainly in your best interest to hire an experienced divorce attorney to make sure that your rights are asserted and your assets are protected in the long-term.
One of the issues that can affect the cost of a divorce is whether you and your spouse are agreeable to issues concerning the custody of your children, child support, maintenance, and the division of the property. You will be at a significant disadvantage. You will not be given any special treatment or assistance in the courtroom.
There is no legal requirement that you hire an attorney.
5 Steps on How to File for Divorce in Missouri
It is strongly recommended that you hire an experienced divorce attorney to represent you. If you choose to represent yourself, you will certainly be at a disadvantage in settlement negotiations and in the courtroom. If you have children or if you have significant earnings or assets, you should consult with an attorney to make sure that your interests are protected.
There is no pre-determined formula to determine the amount or length of maintenance. The court will consider relevant factors including the length of the marriage, the financial resources of the parties, the conduct of the parties during the marriage and the ability of the other spouse to meet their own needs. Maintenance is not awarded to punish a guilty spouse but rather is to lessen the financial impact of divorce on the other spouse. If the parties decide to settle without a trial, they can settle on a term of maintenance — a specific dollar amount with a specific date that it stops.
Maintenance will terminate if either spouse dies or if the party receiving maintenance remarries. A spouse has the option to have her former or maiden name restored to her as part of the divorce. An annulment is a decision by the court that the marriage was not legal from the beginning. Annulments are granted only in limited and unusual situations.
Annulments may be granted for marriages that are between persons who are related to each other, between persons who lack the mental capacity to enter into a contract, between persons of the same sex, or where one spouse was still legally married to another person.
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You must be a resident of Missouri for at least 90 days before you can file for divorce. A divorce must be pending for a minimum of 30 days after it is filed before a divorce can be granted. How long a divorce case will last depends on the specific facts and circumstances of your case. If there are significant issues upon which you and your spouse cannot agree to resolve, those issues will have to be resolved by a judge.
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The judge will schedule pretrial settlement conferences to determine the status of the case. If there is a good reason to delay the case, the judge has the discretion to do so.
How to File for No Fault Divorce in Missouri - State Requirements and Documents
Otherwise, the judge will likely set a trial date. If there are any unresolved issues on the trial date, the parties will be allowed to present their evidence and make their arguments, and the judge will decide the remaining issues. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at Onlinedivorce. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in Missouri.
Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and stress-free. Even though Missouri has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing. If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out and why should you spend money on lawyers?
Online divorce is often cheaper, quicker and easier.
How to File for Divorce in Missouri | Rocket Lawyer
Online divorce can be a perfect option if you want to save money or if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in Missouri is quickly becoming very popular because you can complete the documents in the comfort of your home. Even if you think your case is too complex because you have children, own your own home or have other assets, you may still be able to prepare your documents online.
We protect your information and nothing is filed until you submit the divorce papers to the courthouse yourself.
https://trilucleacomp.tk Filing for divorce in Missouri with the Onlinedivorce. When you use OnlineDivorce. You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In Missouri, you will typically file with the courthouse in the county in which you currently reside.
If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant resides. The actual filing process is explained in our detailed court-filing instructions that we provide along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.
Missouri divorce details
After the initial filing, you may need to follow up if there are any issues with your documents. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service. Every state has specific requirements where divorcing couples must establish residency within the state they are divorcing. Missouri is no exception.
At least one of the spouses must have been a resident of the state of Missouri for a minimum of 90 days prior to filing for divorce. The divorce should be filed in the county where the person who files lives. Note that there is a day waiting period after filing before the divorce will be granted. There are many ways to prove that residency has been established. If this is not the case, it may be possible to establish residency, by having someone who knows you or your spouse testify that you have lived in the state for at least six months. Grounds for an online divorce using OnlineDivorce.
Grounds are merely the reason for divorce, and the state must approve them. There is only one accepted reason for a divorce in Missouri. Joint or sole custody is awarded based on what would be in the best interests of the child and upon consideration of these factors:. Domestic violence against a child will prevent custody from being awarded to the party that is convicted of such an action. There is now a legislative encouragement of joint legal custody when this arrangement is deemed to be in the best interest of the child and a suitable arrangement for the other parties too.
The standard child support guidelines of Missouri apply in almost every divorce case, barring extraordinary circumstances. Child support continues until the child reaches the age of majority, which is 18 in the state, or completes high school. In some cases, it may extend through a college education. Either or both parents are sometimes ordered to provide child support. Marital misconduct is not a factor. The following factors are considered when determining child support:. A parent may be required to provide health insurance coverage for any children if coverage is available at a suitable cost from an employer, union, or other organization.
This may be considered as part of the child support ordered for the case, or it can be arranged as a separate agreement.