What are Grounds for Divorce?
The State of Missouri recognizes no-fault and fault divorces. No-fault divorces are the most common type of divorce that is petitioned and is based on an irretrievable breakdown of the marriage without assigning blame to either partner. A divorce based on fault may be due to any of the following occurrences:
- Adultery
- Intolerable behavior
- Separation of 24 months or 12 months if both parties agree to the divorce
- Abandonment of a minimum of six months
What are the Types of Divorce?
There are two types of divorce: contested and uncontested. An uncontested divorce means that both parties agree on every aspect of the dissolution process, including property distribution and child custody. Uncontested divorces are a quicker option but may be unfavorable to one party because an attorney is not used to oversee the terms of the divorce.
A contested divorce means that the parties are not able to agree to the terms of a divorce and will likely need a court to obtain a final decree. Contested divorces tend to be more costly and can take longer.
What is the Divorce Process
To qualify for a divorce in Missouri, either spouse must have lived in the state for a minimum of 90 days prior to filing, with exceptions for members of the U.S. military stationed in the state. If these criteria are met, a petition for divorce can be filed at the jurisdiction corresponding to the county of residence.
For uncontested divorces, both parties file the divorce petition as co-petitioners. The court reviews the petition. Upon approval, the petition becomes part of the Judgment and Decree of Dissolution.
The process is much lengthier for contested divorces. Once the Petition of Dissolution of Marriage has been filed, the respondent will have 30 days after the service of the petition to file an answer. The answer must include the admission or denial of the facts stated in the petition.
Temporary Motions
Temporary motions are orders that are filed before an official order has been given to alleviate issues in the interim. Temporary orders may pertain to any of the following considerations:
- The division of payment for a mortgage, utility bills, and other household expenses and how this responsibility will be shared
- Which party will use specific property, such as the home and vehicles
- The dependency of either party on the other and the necessity of temporary spousal support
- Which parent will have primary custody of the children during divorce proceedings and visitation or custody arrangement with the other parent
- The necessity of temporary child support and the amount
Discovery
This part of the divorce process involves the verification of all of the information that has been provided in the petition. Relevant documents and records must be provided by each party’s attorney for review by the opposing counsel. Such documents include:
- Detailed statement that includes all debts, assets, income, and property
- W-2 statements
- 1099s
- Recent pay stubs
- Prior year’s tax return
- Documents detailing life, casualty, health, or other insurance
- Documents stating the cost of family health insurance and healthcare costs of any children
Trial
After the discovery phase, there will be multiple opportunities to settle any contentious issues. The trial will be the final opportunity to resolve these issues. After the trial, the judge will declare the judgment for the dissolution of the marriage and settle all disputed issues during this final ruling that all parties must adhere to.
How is Property Divided?
Missouri is an equitable distribution state, which means that the court will decide how to divide all marital property based on what is fair to both parties. This does not necessarily mean equal.
Marital property is any property acquired by either party after marriage, regardless of how the property is titled. Exceptions to this are as follows:
- Property obtained as a gift or inheritance
- Property obtained in exchange for other property that was acquired prior to the marriage
- Property obtained after a decree of legal separation
- Property included in a prenuptial agreement
- Monetary increase of value for property obtained prior to the marriage
Non-marital property is any property that was obtained prior to the marriage and is not considered marital simply because of commingling with marital property. It is not included during property division proceedings.
The division of marital property will consider all relevant factors, including:
- The financial situation of each party
- The contribution of each party to the acquisition of the property
- The value of all non-marital property of each party
- The fault of either party in the dissolution of the marriage
- The custodial arrangements for children
How is Alimony Determined?
Alimony or maintenance is financial support that is paid by one spouse to the other and may be granted if:
- Either party has insufficient funds to provide for their reasonable needs.
- Either party cannot support themselves through employment or is caring for a child whose condition does not allow for work outside of the home.
The duration and amount of spousal support is based on the following factors:
- The length of the marriage
- The financial capacity of each party
- The age, health, and emotional state of each party
- The standard of living enjoyed during the marriage
- Any misconduct by either party
Alimony may be ordered as modifiable or nonmodifiable. If alimony is ordered as modifiable, then it may be requested to change in the event of a significant life event, such as remarriage or death.
Do I Need an Attorney?
An experienced divorce lawyer can be the difference between a safeguarded future and one in which you struggle to put back the pieces. Call the attorneys at Fisher Law LLC today at 816-307-9752 or fill out a contact form for a consultation.