What to Expect During a Missouri Divorce Case
Going through a divorce can be an emotionally challenging experience, and understanding what to expect during a Missouri divorce case can help you navigate the process more smoothly. In Missouri, divorce is legally referred to as “dissolution of marriage,” and there are various steps involved that you should be familiar with.
1. Filing for Divorce
In Missouri, the divorce process begins when one spouse files a Petition for Dissolution of Marriage in the appropriate circuit court. This filing spouse is referred to as the "petitioner," while the other spouse is called the "respondent." The petition must state the grounds for divorce, which, in Missouri, can include irretrievable breakdown of the marriage or, in some rare cases, misconduct like adultery.
2. Serving the Petition
Once the petition is filed, it must be formally served to the respondent. This can be done through personal service, certified mail, or a private process server. The respondent then has a specified timeframe, typically 30 days, to respond to the petition. If the respondent does not reply, the petitioner may request a default judgment.
3. Temporary Orders
During the waiting period, either party may request temporary orders from the court to address issues such as child custody, child support, spousal support, and possession of marital property. These temporary orders help to maintain stability while the case is pending.
4. Financial Disclosures
In Missouri, both parties are required to exchange financial information. This includes income statements, tax returns, and a list of assets and debts. This disclosure is crucial for negotiating issues related to property division, child support, and alimony. Non-compliance may result in penalties or unfavorable court rulings.
5. Mediation
Missouri encourages couples to try mediation to settle disputes amicably. In mediation, a neutral third party helps both spouses communicate and negotiate divorce issues like division of property and child custody arrangements. Mediation can be less adversarial and reduce the emotional and financial toll of prolonged litigation.
6. Court Hearings
If mediation does not resolve all issues, the case may proceed to court hearings. The judge will listen to both sides and make decisions on contested matters. Each party may present evidence, call witnesses, and offer testimony to support their positions regarding asset division, custody, and support.
7. Finalizing the Divorce
Once all issues are resolved, whether through agreement or court ruling, the court will issue a Judgment of Dissolution of Marriage. This document finalizes the divorce and outlines the terms of asset division, custody agreements, and support obligations. Both parties must comply with the terms outlined in the judgment.
8. Post-Divorce Modifications
Life changes after a divorce may necessitate modifications to custody or support arrangements. Missouri allows for modifications to child support and custody if there’s a significant change in circumstances. However, any changes must be documented and approved by the court.
Understanding the steps involved in a Missouri divorce case can help demystify the process and prepare you for what lies ahead. Whether you choose to work collaboratively or through litigation, knowledge of this process can lead to better outcomes and emotional well-being during a challenging time.