Missouri has following divorce laws:
Residency
Under Missouri divorce laws, the petition for divorce shall not be considered if the residency requirements are not met. In such a situation the court shall dismiss the request. The following residency requirements are mandatory:
- One of the spouses should be a resident of the state of Missouri for ninety days immediately at the commencement of proceeding.
- About thirty days should have been passed since the filing of case and before dissolution of marriage is granted.
- One of the members could be in the armed forces that have stayed in this state.
An original proceeding shall be commenced in the county in which the petitioner resides or in the county in which the respondent resides.
Documents Required for Filing Divorce
According to Missouri divorce laws, the important documents needed for the decision of dissolution of marriage are:
- Petition for dissolution of marriage
- Declaration of dissolution of marriage
Other documents which you may need are:
- Marital settlement agreement
- Income and expenses statement
- Affidavit concerning children
- Waiver of service
Property Distribution
As Missouri is an equitable state, therefore, according to Missouri divorce laws the
marital property is distributed in a fair proportion.
For the distribution of property the divorce court takes in account:
- Financial circumstances of each party
- The value of the non-marital property of each party
- Conduct during married life
- Arrangements for minor children
Change of Name or Restoration of Name
Both the spouses are entitled to request change of name, in the divorce court. Missouri divorce laws require this change of name to be published in the local newspaper too.
Mediation Counseling
The Missouri divorce laws encourage
mediation support, if one of the spouses doesn’t accept the dissolution of marriage. The time span given for counseling is not less than thirty days and not more than six months and after that the divorce court will decide whether marriage is irretrievably broken or not.
Alimony
The Missouri divorce court orders such an amount for maintenance, which court deems just, and after considering all relevant factors. The conduct of the parties during the marriage and any other relevant factors are also taken in account for determining it.
Child Custody
Child custody is a major issue in dissolution of marriage. Missouri divorce laws require the divorce court to make every effort to prevent the child from any kind of disturbance and trauma. The decision will be made more in the interests of child by taking care of the children’s emotions, their wishes and will.
Child Support
Child support in Missouri divorce courts is decided in the light of Income shares model. The support given monthly is assessed by applying few important guidelines and dividing them proportionally to each parent’s income. The parents support is ceased when either child dies, gets married, earns him/her self or turns eighteen.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state.
