Seeking legal counsel on how to file for divorce in Missouri?
Missouri is a no-fault divorce state, which means there is no need to give reasons for the marriage’s dissolution. One spouse must attest that the marriage is “irretrievably broken” and that “the marriage has no chance of being saved.” Following this evidence, the parties are granted dissolution and the marriage is terminated. When an order dissolving a marriage is entered, it becomes final and is only subject to the right of either spouse to appeal. If the appeal fails to successfully dispute the marriage’s status as “irretrievably broken,” the parties are divorced and allowed to live as single people.
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Requirements for Residency
To file for divorce in Missouri, at least one of the spouses engaged in the dissolution case must have lived in Missouri for 90 days prior to the filing of the dissolution petition.
Complete your Forms
To begin the process of dissolving a marriage in Missouri, one of the spouses must make a first plea, known as the Petition, stating the parties involved and the marital circumstances. The Petition must be filed in the family court (or circuit court) of the county in which the petitioner or petitioner’s spouse lives. The petitioner and a notary public must both sign the petition. In order to notify their spouse of the divorce, the petitioner must also pay a filing fee and request that the court issue a summons. The petitioner must also submit a parenting plan and a family court information sheet if the couple has children.
After filing the petition, the petitioner must serve the summons and petition on their spouse. A professional processing server or the sheriff may provide service. The served spouse must subsequently submit a reply or “answer” that either acknowledges or rejects the allegations in the petition. The defending spouse and a notary public must sign this response.
If the petitioner’s spouse (the defendant) fails to respond to the service, they are in default. A default judgment might readily be entered by the family court (or circuit court, depending on the county). The court may not require the defendant to pay any money to the petitioner in default judgments. The courts will also postpone default dissolution if the defendant can demonstrate that he or she was “not at fault” in failing to respond to the petition. If the defaulting spouse returns later and requests that the default judgment be withdrawn, the court is likely to do so.
If the defendant is unable to be located, the petitioner has various choices. He or she may serve the petition publicly, but this simply allows for a divorce and does not provide for financial settlement. The petitioner may also employ a private investigator (at least $150) to personally locate the missing spouse, or he or she can conduct a records check to determine their geographical whereabouts.
What follows after the petition is filed and served varies widely depending on which county handles the case, but in general, the spouses start the discovery process. During this period, the court will issue interim orders, generally declaring that the status quo must be maintained while the case is ongoing. While the status quo is maintained, discovery documentation is transferred between both sides’ counsel. These forms detail each spouse’s marital and nonmarital income, assets, and obligations. The couple may get a court date thirty (30) days after filing the response, although processes may change in major counties.
If there are children involved, the spouse must attend mediation during the discovery phase, which is a time to reflect on the process and what is best for their children; it is also a time to potentially develop more friendly relationships to help resolve the case outside of court.
After the two parties have exchanged discovery papers, their lawyers meet to discuss if a settlement is possible. If so, one of the lawyers will create a Separation Agreement and Property Settlement and deliver it to the other for approval.
If no agreement is reached, a divorce hearing is convened, and the court decides where the actual and metaphorical marital property should be divided.
A Word on Forms
If the parties have reached an agreement and do not want to go through a lengthy trial, they can use Generis Global ‘s simple interview process to complete a Divorce Settlement Agreement outlining all the details of the division of property, assets, debts, and liabilities, as well as settling child support, custody, and visitation.
Furthermore, the state of Missouri has offered a free divorce package to all of its inhabitants. Please keep in mind that even if you want to represent yourself in the divorce, you should still speak with a lawyer before completing the documents on your own.
Please keep in mind that the regulations in your county will most likely govern your divorce; do not be shocked if additional documents or processes are required.
A Word on the 50/50 Split
In Missouri, marital assets and debts are divided on a “equitable” or fair basis rather than 50/50. When it comes to property, debts, and children, the state of Missouri is quite particular about who gets what. Economic circumstances, each spouse’s contribution to the acquisition of property, the value of non-marital property, each party’s behaviour, and where the children wish to go may all play a significant role in determining who gets what when the couple divorces.
