What to Expect When Going Through a Divorce in Missouri

Divorce can be a challenging and emotionally draining process, and understanding what to expect can help ease some of the stress. In Missouri, there are specific laws and procedures that govern divorce, and being informed can make a significant difference. This article explores what to anticipate during a divorce in Missouri.

Filing for Divorce

The process begins when one spouse files a petition for divorce in the local circuit court. Missouri is a no-fault divorce state, which means that you do not have to prove wrongdoing by your spouse to file for divorce. Instead, the petitioner can simply state that the marriage is irretrievably broken. Additionally, one of the spouses must have lived in Missouri for at least 90 days before filing.

Temporary Orders

After filing for divorce, you may seek temporary orders from the court. These orders can address immediate issues such as child custody, child support, spousal support, and possession of the marital home. Temporary orders help provide stability during the divorce proceedings while the final decisions are being made.

Mediation and Settlement Negotiations

Many couples in Missouri are encouraged to engage in mediation to settle their disputes amicably. Mediation involves a neutral third party who helps the spouses negotiate terms related to asset division, child custody, and support. Successful mediation can save both time and money, and it can lead to a more amicable relationship post-divorce.

Division of Marital Assets

Missouri follows the principle of equitable distribution, meaning that marital property will be divided in a fair manner, though not necessarily equally. Marital assets include any property acquired during the marriage, while separate property consists of assets obtained before the marriage or through inheritance. It’s crucial to understand what constitutes marital versus separate property as it impacts the division process.

Child Custody and Support

If children are involved, custody arrangements must be determined. Missouri courts focus on the best interests of the child when making custody decisions. Joint custody is common, but sole custody may be awarded in certain circumstances. Child support is also determined based on guidelines that take into account the needs of the children and the parents' financial situations.

Finalizing the Divorce

After all issues regarding property, custody, and support have been resolved, the divorce will reach the final stage. One spouse will file a Judgment of Dissolution of Marriage, which outlines the terms agreed upon by both parties or determined by the court. Once the judge approves this document, the divorce is finalized.

Post-Divorce Life

Life after divorce in Missouri may come with adjustments, both emotionally and financially. It's important to update legal documents such as wills and beneficiaries and to establish a new budget based on your changed financial circumstances. Support groups and counseling can provide invaluable assistance during this transitional period.

Conclusion

Going through a divorce in Missouri involves several steps, each with its complexities. By understanding the process and what to expect, individuals can navigate their divorce with more confidence and clarity. Seeking legal assistance from a qualified divorce attorney is highly recommended to ensure that your rights are protected and to help you through the legal intricacies of divorce.