Missouri Divorce Laws-Frequently Asked Questions |
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| 1. Is it necessary to be a resident of Missouri to file a divorce?
Each state has different divorce laws. To file a divorce in Missouri divorce, one of the spouses must be a resident of the state for at least a period of 6 months. |
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2. What is mediation?
Mediation is the act of negotiation between you and your spouse in the presence of a mediator to solve various divorce related issues. It wont be necessary if you and your spouse are going for an uncontested divorce. |
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3. Is custody of a child always granted to one parent only?
No, court gives minimum partial custody to parents called joint custody. There are three types of joint custodies according to Missouri divorce laws:
- Joint physical custody: children spend equal time with both parents.
- Joint legal custody: parents jointly decide educational and health issues of a child.
- Both legal and physical custody of the children.
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| 4. Can Missouri divorce court grant child custody to someone else other than parents?
In case of mental problems, incarceration or any other legal crisis, the Missouri divorce court may grant the custody of children to someone else other than the parents. |
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| 5. Is it compulsory for both the spouses to be residents of the state to get divorce in Missouri?
According to Missouri divorce laws, one spouse must be a resident of the state to claim a Missouri divorce. If one spouse has moved away from the state and the other one is residing in Missouri, then the divorce filed by him/her is valid. |
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| 6. Can grandparents visit the child?
According to the Missouri divorce laws, grandparents can visit a child, but they have to file a request in the Missouri divorce court for permission. The court will look into the matter and the reason before it grants them permission to visit. |
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7. Is there any Missouri divorce law stating me and my spouse can not hire the same divorce lawyer?
Yes, you and your spouse cannot hire the same divorce lawyer because one lawyer can not defend you and your spouse at the same time. |
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| 8. I want to represent myself in the court, can I?
Obviously, you can represent yourself in the divorce court, but recommendation is not to take any risk and hire a professional divorce lawyer for getting a divorce in Missouri. |
