Missouri Divorce Laws
Getting a divorce is one of the toughest experiences a person can have. It can take a huge toll emotionally, financially and mentally. There are many issues to consider when filing for a divorce which can include issues like property, debts, child custody, living expenses and other issues. When it comes to divorce, each case is different and there are no standard resolutions. It is up to each couple to determine what is best and try to come to an agreement.
To file for a divorce, certain residency requirements need to be met. If both of the spouses affirm that the marriage is irretrievably broken, the court will make a finding that the marriage is irretrievably broken. Parties will need to file a Petition for Dissolution of Marriage. The spouse filing for the divorce will need to request that the court terminates the marriage under the grounds that are specified in the document. The only grounds for divorce is if the marriage is irretrievably broken which means that the marriage is not able to continue due to discord or conflict. The grounds for divorce need to be substantiated with evidence. The spouse who initiates the divorce is called the Petitioner and the spouse responding is the Respondent. Divorce needs be filed in the county court.
Missouri Divorce Laws & Child Custody
In Missouri, the court tries to determine custody based on the best interest of the child and does everything possible to avoid the emotional burden that may affect the children involved. If the parents are not able to agree on the issues involving their children, the court will determine which parent will have custody. If the child is mature enough to express a parental preference, the court will take that into consideration. The court will also consider:
the suitability of each parent to be custodian
who has actively cared for the child since the separation
how each parent would respond to joint custody
if each parent can encourage the child’s relationship with the other parent
the communication skills of each parent regarding the child
the emotional and physical needs of the child
the geographic locations of each parent and the feasibility of visitation
and any history or threat of domestic violence.
Missouri Divorce Laws & Child Support
In Missouri, child support is seen as the being the duty of both parents until the child becomes an adult. It is calculated through a formula known as the “Income Shares Model”. The support amounts paid monthly are determined by these guidelines and divided according to the income of each parent. Income is verified by the parent’s W-2 as well as child support worksheets. Some things that affect the calculation include income level of both parents, the child’s age and visitation times.
Missouri Divorce Laws & Property Distribution
Missouri is an “equitable distribution” state which means that the property acquired during marriage will be divided fairly or in an equitable manner. The term “equitable” does not necessarily signify equal, instead it refers to fairness. The court will attempt to have both parties reach a settlement and sort out debts. If the parties cannot come to an agreement, the court will award the property. In this situation, where the parties cannot agree, the court will divide the property in a proportion that the court deems fair after considering all factors involve. Factors which can be considered include:
the property value allotted to each spouse
the economic situation of each party, which can include factors such as if a spouse currently resides in the home with children.
Missouri Divorce Laws & Alimony
This is determined on an individual case basis and may vary. Alimony is to help a spouse who lacks sufficient income or property to support herself or himself. In Missouri, there is not an automatic right to alimony and the court will consider many different factors such as the other spouse’s financial ability to pay alimony and each parties standard of living before they were married. Considerations when awarding alimony include:
the length of the marriage and the standard of living established
the ability of the party seeking alimony to support him or herself
the financial state of both parties
income level and earning potential of both parties
the age and health of both parties
the contributions by both parties to the marriage
whether the party paying alimony can reasonably support him or herself as well
and any prior agreements such as a prenuptial agreement between the two parties.
In many cases, longer marriages are more likely to be awarded alimony, however there is not a set standard.
