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Divorce in Missouri

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  • Residency Requirements and Grounds for Divorce

  • Dividing the Property

  • Alimony

  • Child Custody and Visitation

  • Child Support

    Residency Requirements and Grounds for Divorce

    Either you or your spouse must be a resident of Missouri or a member of any armed force stationed in Missouri for 90 days to file for divorce, called a "dissolution."

    Either spouse can get a divorce simply by stating in divorce papers that the marriage is "irretrievably broken." If both spouses are in agreement that there should be a divorce, they can file a "joint petition," in which they agree in writing that the marriage can be ended.

    If the spouses are not in agreement that a divorce should occur, the spouse wanting the divorce must prove that the marriage is irretrievably broken by satisfying the court of one or more of the following facts:

    • Adultery by the other spouse
    • Behavior that makes it unreasonable to continue to live with the other spouse
    • Abandonment by the other spouse for at least six months
    • Voluntary separation for at least 12 months
    • Separation for at least 24 months

    The legal divorce process begins when one of the spouses files a "Petition for Dissolution of Marriage" with the Circuit Court. The other spouse is then served with the paperwork and given time to respond. If the parties are in agreement about property and debt division, as well as child custody and child support matters, the divorce can be finalized without a trial. If the parties can't come to an agreement, the court will then set a time for a hearing, usually some time in the future, and may suggest that the parties seek counseling.

    After the Petition for Dissolution has been filed, either party can request temporary assistance from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis.

    Dividing the Property

    In Missouri, all assets and debts acquired before and after your marriage -called "marital property" - will be divided "equitably" in a manner the court believes is "fair" when you divorce.

    But not all property is considered "marital property." For example, assets you acquired before you married may be considered "non-marital property," as are assets you acquired subsequent to the marriage:

    • By gift, bequest or descent
    • In exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest or descent
    • After a decree of legal separation
    • Excluded by valid written agreement between you and your spouse

    The increase in value of your non-marital property is also considered your "separate property," and will not be subject to equitable division unless marital assets, including labor, have contributed to the property's appreciation, and then equitable division will apply only to the extent of the contributions. Non-marital property does not become marital property just because it may have become "commingled" or mixed together with marital property.

    In deciding how to divide the property owned by a divorcing couple, judges will consider:

    • The economic circumstances of each spouse, the need of a custodial parent to live or own the family home
    • The contribution of each spouse to the acquisition of the marital property, including the contribution of either spouse as homemaker
    • The value of the nonmarital property set apart to each spouse
    • The conduct of the parties during the marriage
    • The custodial arrangements for minor children.

    It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Missouri divorce lawyer can save you a lot of time and money.

    Alimony

    A court can order alimony, called "maintenance" in Missouri, but only if the court finds that the spouse seeking maintenance:

    • Lacks sufficient property, including his or her share of marital property, to provide for his or her reasonable needs, and
    • Is unable to support himself or herself through appropriate employment, or
    • Has custody of a child whose condition or circumstances make it inappropriate the parent to work outside of the home

    In deciding the amount of maintenance to award, the court will consider such factors as:

    • The financial resources of the spouse seeking maintenance
    • The time necessary for the spouse seeking maintenance to acquire sufficient education or training to enable him or her to find appropriate employment
    • The comparative earning capacity of each spouse
    • The standard of living established during the marriage
    • The obligations and assets of each spouse
    • The length of the marriage
    • The age and the physical and emotional condition of the spouse seeking maintenance
    • The ability of the other spouse to meet his or her needs while meeting those of the spouse seeking maintenance
    • The conduct of the parties during the marriage

    A court can order temporary support while the divorce is pending. Most maintenance is ordered for a specific length of time. Once maintenance is ordered and it has been designated as modifiable by the court, it can be modified upon a showing of a "substantial and continuing change in circumstances."

    Child Custody and Visitation

    In Missouri, the court will make child custody decisions based on what is in the "best interest" of the child. In deciding how much time each parent should spend with the child, the court considers many factors, including:

    • The wishes of the parents and the proposed parenting plan submitted by both parties
    • The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father
    • The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests
    • Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent
    • The child's adjustment to home, school, and community
    • The mental and physical health of all individuals involved, including any history of abuse of any individuals involved.
    • The intention of either parent to relocate
    • The wishes of a child
    • Whether the child is home-schooled

    The court will not give preference to either parent in awarding custody because of the parent's age, sex or financial status or because the age or sex of the child. However, any act of domestic violence against a child is a bar to custody in Missouri.

    After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. If a parent is denied court-ordered access to a child, he or she may bring the issue back before the court. The judge may decide to modify the visitation order, order makeup visitation for the time missed and order counseling or mediation.

    Child Support

    In Missouri, child support is based on the combined income of the parents, the needs of the child, and the costs of child care and health insurance. In determining whether to order child support, a court will consider:

    • The financial needs and resources of the child and the parents
    • The standard of living the child would have enjoyed if the marriage had not been dissolved
    • The physical and emotional condition of the child, and the child's educational needs
    • The child's physical and legal custody arrangements, including the amount of time the child spends with each parent and the reasonable expenses associated with the custody or visitation arrangements
    • The reasonable work-related child care expenses of each parent

    A Missouri child support order can be modified only if there has been a "substantial and continuing change in circumstances," such as a big increase or decrease in either parent's income.

    Related Web Links:
    - Missouri Courts
    - Missouri Domestic Relations
    - Missouri Child Support Worksheet
    - Missouri Child Support Enforcement
    - Missouri State Profile
    - Family Law: Selecting a Good Lawyer
    - Divorce - General message board for more help
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