State of missouri divorce laws

Dividing Debt in Divorce

A civil annulment is an entirely separate matter than a religious annulment. A civil annulment voids the marriage completely.

How to File Divorce in Missouri

Situations that can lead to an annulment include:. An annulment will negate the payment of spousal maintenance or alimony, but not the need for child support. If you and your partner had a child together when you were married, and your marriage was annulled afterward, both parents are still financially responsible for the child or children and child support payments may be required. There are a variety of ADR methods available in divorce courts throughout the U. In Missouri, the ADR method that is recommended is mediation. During mediation a neutral third party will work with both husband and wife to reach mutually agreed upon decisions regarding child custody, division of property and other matters.

The mediator helps the couple communicate and does not take sides.

On occasion, a judge will order a couple into mediation if the couple is having a particularly difficult time with a contentious issue. It is preferred that the parents agree on a child custody arrangement that the court will then approve, however, if they cannot decide then the court will make the determination.

Legal Information: Missouri

Gone are the days when the children automatically went into the physical custody of the mother. Today, joint or shared custody is preferred. The types of child custody options in Missouri include:. It states that the parenting plan should include provisions regarding:. Both parents are considered responsible for support of their children. The financial amount each one is responsible for will depend upon several factors, including how many children exist from the marriage, the gross income of each parent, and whether or not one of the parents has sole physical custody.

Although the state provides a formula to determine child support, an accurate estimate of what a spouse may receive or be required to pay is difficult to determine without the assistance of an attorney. Once a child support amount has been determined, the court can enforce this payment.

The spouse who has not received the child support payments can go to the court and ask for child support enforcement. Enforcement measures include wage garnishment, withholding of federal income tax refunds, ordering employers to enroll children in health care coverage plans and other measures. Either parent can request a termination of child support, although withholding child support payments is not permitted.

A custodial parent is not allowed to withhold visitation as a consequence of child support payments not being made. Likewise, a noncustodial parent is not allowed to withhold child support payments if visitation privileges are being denied. These issues must be handled through the court system and the advice of an attorney is recommended.

Property Issues

Occasionally, paternity will need to be established prior to requesting either child support payments or visitation rights. If the defendant spouse denies the marriage is irretrievably broken, the plaintiff may choose to prove acts of adultery, abuse, or other factors that would help the court make a proper decision on the matter. If you're getting divorced, you will undoubtedly have a lot on your plate, especially if there are child custody matters to resolve.

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Help ease your burden by contacting a divorce attorney in Missouri who will work hard to protect your interests and ensure the best outcome possible. Find your Lawyer Explore Resources For Learn About the Law. Legal Forms. Are you a Legal Professional?

How to handle your own uncontested divorce in Missouri

Popular Directory Searches. Missouri Divorce Laws. With an attorney on your team, you can move forward with the guarantee that your rights will be adequately represented in each stage of the divorce—including petition, property division, child custody, and the final dissolution. A divorce law attorney will be able to consider your case on an individual basis and help build the right plan for you. Typically, most divorce case proceedings begin with the filing of a Petition of Dissolution of Marriage.

If you have children, your attorney may advise you to begin developing a parenting plan. A parenting plan incentivizes parents to anticipate issues involving their children as early in the divorce process as possible. Filing a parenting plan may be required by the court in order to move forward in the proceedings.

You will typically utilize your parenting plan to propose how you feel that major issues like child custody, visitation, and holiday schedules should be handled during and after the divorce. Please note : in order to file for a divorce in Missouri, you or your spouse must have been a resident in the state for at least 90 days prior to the initial filing. Once your spouse is notified of your intention to initiate divorce proceedings by the Court, it will take at least 30 days from receipt of petition to begin proceedings.

Your spouse may be notified by receiving a copy of your petition in person, or they may sign an Entry of Appearance and Waiver of Service, which acknowledges receipt of the Petition. The average case is first heard in a Circuit Court anywhere from 50 to 90 days after the initial Petition is filed. Your divorce lawyer will work with you as much as possible to ensure that your case is heard in court as soon as possible, but in no situation can it be heard until at least thirty days has passed since there was service or a signing of the Entry of Appearance and Waiver of Service.

It may be necessary to meet several times in or outside of court to negotiate the terms of the divorce in matters like child custody, marital property, and financial issues. Your lawyer will advise you before court and during negotiation, and ensure your rights are protected. The divorce will not be rendered final until the Judgment of Dissolution is signed by the Judge and thirty days has elapsed unless there is a waiver of the right to request a rehearing.

It is generally in your best interest to abstain from using social media during your divorce proceedings and to not discuss the terms of the divorce process before or after the process itself, especially with your children. You may seriously jeopardize your case or open yourself up to a modification.

What does the process of obtaining a divorce in Missouri entail?

This is where having an experienced divorce law attorney on your side can be beneficial, as a contested divorce might contain several rounds of negotiated settlement talks and court visits before your divorce can be granted by the Court. If you have children or property, your attorney may advise you to have temporary orders issued by the court to account for matters like primary physical child custody or exclusive use of the marital home.

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  • The Missouri Divorce Process!

Temporary orders are usually left in effect until the final dissolution has been decreed. However, if you and your spouse cannot come to an agreement, the next step would be to pursue litigation. As a truly last resort, litigation can be very frustrating and expensive. Your attorney will work diligently with you as your representative in Court to move towards the most favorable verdict possible for you.