Divorce Laws in Missouri
*All information on this page is intended to provide educational and informational materials only, not to serve as legal advice in any form or capacity.
Divorce is the legal process of ending a marriage contract, which can have significant implications for the lives of the divorcing spouses and their children. Divorce laws in Missouri are complex and will affect you personally. Divorce laws are not uniform across the United States as each state has its own statutes and procedures that govern how a divorce can be obtained, and what issues can be resolved. Below is a description of the divorce legal processes in Missouri so you can better prepare yourself, and choose if a divorce lawyer is needed, or if a DIY Divorce kit can be used.
Navigating Missouri Divorce Laws
If you’re considering divorce in Missouri, you’re not alone. According to an estimate, the divorce rate in Missouri is 4.3% per 1,000 of the total population of the state. To help you make informed decisions, here’s an overview of the divorce grounds in Missouri, what to expect in the process, and how to get the help you need.
No-Fault Divorce Grounds in Missouri
In Missouri, there is only one no-fault divorce ground: irretrievable breakdown of marriage. This means that if there is no hope for the marriage to be preserved, the court will grant a divorce.
Fault Divorce Grounds in Missouri
The fault divorce grounds in Missouri are:
- Adultery
- Incompatibility (meaning both spouses are unable to get along)
- Abandonment for three months or more
If any of these grounds are proven, the court will grant divorce.
Getting Professional Assistance
Divorce proceedings can be complex, and it’s recommended that you seek the help of a professional divorce attorney or divorce lawyer. They can answer your questions in detail and guide you through the process.
No matter what route you take, navigating Missouri divorce laws doesn’t need to be a stressful experience. With the right knowledge and help, you can make informed decisions for yourself and your family.
Missouri Divorce Laws: Everything You Need to Know
Divorce is a difficult process, and the laws around it can be confusing. In Missouri, the laws governing the dissolution of marriage are designed to ensure the process is fair and equitable for both parties. From residency requirements to the documents you need, to alimony and child custody, here’s a comprehensive guide to Missouri divorce laws.
Residency Requirements
Missouri divorce laws state that for a petition for divorce to be considered, both parties must meet certain residency requirements. The petitioner must be a resident of the state for ninety days prior to the commencement of proceedings, and at least thirty days must have passed since the filing of the case before a dissolution of marriage can be granted. The original proceeding must be commenced in the county in which the petitioner or respondent resides. Additionally, a member of the armed forces may be considered a resident if they have been stationed in the state.
Documents Required for Filing Divorce
The documents needed for a decision of dissolution of marriage include a petition for dissolution of marriage and a declaration of dissolution of marriage. Other documents that may be required include a marital settlement agreement, an income and expenses statement, an affidavit concerning children, and a waiver of service.
Property Distribution
Missouri is an equitable state, and therefore, marital property is distributed in a fair proportion. The court takes into account the financial circumstances of each party, the value of any non-marital property, the conduct of the parties during married life, and any arrangements for minor children when making this decision.
Change of Name or Restoration of Name
Both parties are entitled to request a change of name through the divorce court. Missouri divorce laws require this change to be published in a local newspaper.
Mediation Counseling
The Missouri divorce laws encourage mediation support if one of the spouses is not accepting the dissolution of marriage. The time frame given for counseling is between thirty days and six months, after which the divorce court will decide if the marriage is irretrievably broken or not.
Alimony
The Missouri divorce court orders an amount of alimony to be paid which it deems just. The conduct of the parties during the marriage and any other relevant factors are taken into account when determining the amount.
Child Custody
Child custody is another major issue in dissolution of marriage. Missouri divorce laws require the divorce court to make every effort to prevent the child from any kind of disturbance or trauma. The decision will be made with the best interests of the child in mind, taking into consideration the children’s emotions, wishes and will.
Child Support
Child support in Missouri divorce courts is decided using the Income Shares Model. The amount of support ordered is determined by applying certain guidelines and dividing them proportionally according to each parent’s income. The parents’ support ceases when the child dies, gets married, earns a living, or turns eighteen.
If you are considering filing for divorce in Missouri, it is important to understand the laws that govern this process. To get the most comprehensive information, contact a professional divorce attorney or divorce lawyer.
Missouri Annulment Laws
Missouri annulment laws define annulment as a decree passed for a marriage which is void or a marriage which never was. In Missouri, annulment decree is very rare. This is due to the fact that the Missouri annulment grounds are few and divorce is no longer considered a social stigma.
What are the Grounds for Missouri Annulment Laws?
Under Missouri annulment laws, the following grounds are recognized:
- Duress – This is when someone is compelled to get married under violence or threat. A forced marriage can be annulled under Missouri annulment laws.
- Mental Illness – If your spouse is mentally incapacitated, you are able to file for annulment.
- Lack of Assent to the Marriage – Both parties must enter the marriage with mutual assent for the marriage to be valid.
- Impotency – The spouse claiming an annulment must legally prove that the defendant is impotent and beyond cure.
- Underage Marriage – Annulment becomes legal if the person is under the age of 15 years and enters into marriage without the consent of the parents.
- Same-Sex Marriage – Marriages between same sex partners are not recognized by Missouri state laws. Such marriages can also be annulled under the Missouri annulment laws.
- Bigamy – If you did not know your spouse was already married at the time s/he married you, you are entitled to file for annulment under the Missouri annulment laws.
Missouri annulment laws are rarely invoked due to the limited number of grounds and the fact that divorce is no longer seen as a social stigma. However, for those in certain circumstances, the option of annulment may be an important one.
Missouri Divorce Laws – Frequently Asked Questions
Are you considering filing for a divorce in the state of Missouri? Every state has its own unique divorce laws, so it’s important to make sure you know the ins and outs of the laws in Missouri before you move forward. Here are some of the most frequently asked questions when it comes to Missouri divorce laws.
Is it necessary to be a resident of Missouri to file a divorce?
Yes, to file a divorce in Missouri, one of the spouses must be a resident of the state for at least a period of six months.
What is mediation?
Mediation is the act of negotiation between you and your spouse in the presence of a mediator. It is used to resolve various divorce-related issues. If you and your spouse are going for an uncontested divorce, mediation is not necessary.
Is custody of a child always granted to one parent only?
No, court gives minimum partial custody to parents called joint custody. According to Missouri divorce laws, there are three types of joint custodies:
- Joint physical custody: Children spend equal time with both parents.
- Joint legal custody: Parents jointly decide educational and health issues of a child.
- Both legal and physical custody of the children: Both parents have both legal and physical custody of the children.
Can Missouri divorce court grant child custody to someone else other than parents?
In cases of mental problems, incarceration, or any other legal crisis, the Missouri divorce court may grant the custody of children to someone else other than the parents.
Is it compulsory for both the spouses to be residents of the state to get divorce in Missouri?
According to Missouri divorce laws, one spouse must be a resident of the state to claim a Missouri divorce. If one spouse has moved away from the state and the other one is residing in Missouri, then the divorce filed by him/her is valid.
Can grandparents visit the child?
According to the Missouri divorce laws, grandparents can visit a child, but they have to file a request in the Missouri divorce court for permission. The court will look into the matter and the reason before it grants them permission to visit.
Is there any Missouri divorce law stating me and my spouse can not hire the same divorce lawyer?
Yes, you and your spouse cannot hire the same divorce lawyer because one lawyer cannot defend you and your spouse at the same time.
I want to represent myself in the court, can I?
You can represent yourself in the divorce court, but we strongly recommend that you hire a professional divorce lawyer for getting a divorce in Missouri. After all, the last thing you want is to come away from your divorce feeling like you didn’t get the best outcome possible.