Missouri divorce laws can be complicated. It doesn’t matter if your divorce has already started or if you are seriously considering filing for divorce. You need to have a basic understanding of where you stand in the eyes of the law.
At Fault or No-Fault Divorce-Under A divorce can be granted because of irreconcilable differences stemming from your actions or the actions of your spouse. However, there is no need to prove someone is at fault for a divorce to be possible.
Missouri divorce laws also allow for a marriage to be ended if the spouses have lived apart for two or more years.
Although, there is no need to prove fault under Missouri divorce law, conduct during the marriage can be taken into account when making decisions regarding other legal claims such as alimony.
A Legal Separation-The courts of Missouri allow for what is known as a legal separation. Spouses are able to be legally separated without technically filing for a divorce. In a legal separation a separation agreement is created. The separation agreement is nearly identical to the document that is used to finalize the divorce.
Decisions must be made regarding the splitting of assets and child support as well as custody of children.
Mediation-Missouri divorce laws give couples the option of choosing mediation. During mediation couples meet with a specially trained, neutral third party to resolve divorce-related disagreements or disputes.
Mediation is typically less stressful and quicker than simply using the court system by itself. The closer a couple can come to an uncontested divorce the better it is for everyone involved. People often underestimate the emotional drain of going through divorce. Mediation can certainly help to ease the emotional toll.
A One-Sided Divorce-If only one spouse once a divorce they must prove their partner committed adultery, the actions of your spouse make it impossible for you to safely live with them. The divorce can also be granted if one spouse has abandoned the other for six consecutive months before the divorce. These are just a few of them were common factors used to grant divorces in which only one spouse desires to end the marriage.
Dividing Property-Missouri divorce laws call for equitable distribution. This means the courts will try to divvy up property as fairly as possible if spouses cannot come to an agreement. It’s always best to try to work together to decide how assets will be distributed.
However, if an agreement cannot be reached the courts will distribute the property. This is a complicated process in which many factors are considered such as: the duration of the marriage, financial resources, the financial contributions of each spouse, as well as who will have custody of the children.
Equitable distribution is not the same as equal distribution. With equitable distribution, one spouse may be able to justify a need for more property.
Alimony-A.K.A. spousal support. The court may decide it is necessary for one spouse to make payments to the other after the divorce. There are a number of factors that go into this decision: the earning power of each spouse, what it would take to maintain the lifestyle they grew accustomed to during the marriage, and the health of each spouse.
Changing Your Last Name-Divorces can be traumatic. A spouse may feel they have lost part of themselves during the marriage or divorce. As a result, many spouses choose to go back to using the name they had before the marriage. If the court sees fit, it can grant a name change for the requesting spouse.
Custody of Children-The court systems much prefer parents work out a mutually agreed-upon arrangement for custody of their children. However, under Missouri divorce laws, if the spouses cannot come to an acceptable agreement on their own the courts will intervene.
The court will always try to make the decision that is in the best interest of the child. Factors such as relationship to the child, the physical and mental health of each parent, and changes that must be made to accommodate the child’s desires for custody will be taken into consideration by the court.
Missouri divorce laws are not supposed to take into account the financial means of each spouse when it comes to the custody of the child or children.
Child support-When determining the requirements for child support Missouri divorce laws take into consideration the combined income of each spouse. This is known as the income shares model.
The court uses a predetermined formula to decide the appropriate amount of child support. A variety of other factors are also taken into consideration to determine the amount of child support to be awarded.
