Filing For Divorce In Missouri

We have all heard the phrase, "'til death do us part." Unfortunately, it is not always possible to turn that sentiment into a reality. Despite all good intentions, divorce is a fact of life for many people. The reasons behind divorce are as distinct and varied as the people who file for them, but a common thread ties all divorce cases together: behind every divorce are two people who are looking to move past a difficult situation and on towards a better life.

While we do not wish this difficult situation on anyone, all of us at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. promise to be here for you during this time of need, every step of the way. If you're thinking about filing for divorce in Missouri, take a little time to acquaint yourself with the process. Here's a quick glance at some frequently asked questions and their answers about the process of filing for divorce in Missouri.

What is the first step?
The petitioner (the spouse who initially files for divorce) must file a "Petition for Dissolution of Marriage." This Petition outlines the marital situation and the involved parties, including any children.

What is the next step?
Once completed and filed with the Court, the Petition for Dissolution of Marriage must be served on the respondent (the other spouse). The respondent then has the opportunity to agree with and/or dispute any of the statements made by the petitioner. 

What are the grounds for divorce in Missouri?
Some states require some sort of "fault" or specific reason for divorce, but Missouri does not. In Missouri, all that is required is for one spouse to testify that the marriage "irretrievably broken." As long as someone provides this testament, he/she can file for a dissolution of marriage. The divorce will be granted as long as neither spouse provides reason to believe that the relationship can be repaired.

What is a "dissolution of marriage"?
"Dissolution of marriage" is how courts in Missouri refer to "divorce." The term is derived from the idea that the marriage is essentially "dissolving."

Can I file for divorce in Missouri?
In order to file for Divorce in Missouri, you or your spouse must have lived in Missouri for the last ninety days.  If there are child custody issues, a longer period of residence may be required.

Will our assets be split evenly?
Missouri courts do not guarantee a 50/50 split between divorced spouses. Rather, the courts closely evaluate each spouse's financial situation and divide the assets in as "fair" a way as possible. Each spouse's personal conduct and income are examples of factors that influence how the assets will be allocated.

Is filing for divorce hard?
The level of ease and/or difficulty involved in a dissolution of marriage depends entirely on the spouses involved. If both parties are cooperative and come to as many agreements as much as possible, divorce can be relatively easy. If one or both parties becomes difficult or argumentative, however, the process can be long and challenging.

 Who will get custody of the children?
Child custody is given to one or both of the parents based on many different factors that all point towards the child's best interest. The judge will decide who will have custody of the child based on the child's emotional needs and each parents' conduct.

There are many more facets of divorce in Missouri, but this information should help you get started on the right track. If you have any questions at all, don't hesitate to contact us! Our experienced divorce attorneys are ready to help you navigate this difficult situation. 

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Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
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