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How to File Divorce in Missouri

How to File Divorce in Missouri: A Comprehensive Guide

Filing for divorce is a challenging and emotional process, but understanding the legal requirements and procedures can help ease the burden. If you are considering filing for divorce in Missouri, this article will guide you through the necessary steps and provide answers to frequently asked questions.

Filing Requirements in Missouri:

To file for divorce in Missouri, certain residency requirements must be met. Either you or your spouse must have been a resident of the state for at least 90 days before filing the petition. Additionally, the divorce petition must be filed in the county where either you or your spouse currently resides.

Steps to File for Divorce in Missouri:

1. Consult an Attorney: It is advisable to consult with an experienced divorce attorney who can guide you through the process, especially if you have complex financial or child custody issues. They can ensure that your rights are protected and help you navigate the legal intricacies.

2. Prepare the Petition: The next step is to prepare the divorce petition. This document outlines the reasons for the divorce and any requests for child custody, property division, or spousal support. It is crucial to include all relevant information accurately and completely.

3. File the Petition: Once your petition is prepared, it should be filed with the Circuit Court Clerk’s office in the county where you or your spouse resides. You will need to pay a filing fee, which varies by county. If you cannot afford the fee, you may apply for a waiver based on your financial circumstances.

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4. Serve the Petition: After filing, the petition must be served to your spouse. This can be done by a process server, a sheriff’s deputy, or any adult who is not involved in the case. You must ensure that your spouse receives a copy of the petition and a summons, which informs them of their rights and responsibilities in the divorce proceedings.

5. Waiting Period: Missouri law requires a 30-day waiting period after the petition is served before a divorce can be finalized. This waiting period allows both parties an opportunity to negotiate and settle any outstanding issues, including child custody, division of assets, and spousal support.

6. Negotiate or Mediate: During the waiting period, it is encouraged to negotiate and attempt mediation to reach a settlement agreement. This can save time, money, and emotional strain compared to a lengthy courtroom battle. If an agreement is reached, it should be submitted to the court for approval.

7. Final Hearing: If no agreement is reached, the case will proceed to a final hearing. At the hearing, both parties will present their arguments, and the judge will make decisions regarding child custody, property division, and support. It is crucial to be prepared with evidence, witnesses, and legal representation to present your case effectively.

FAQs about Divorce in Missouri:

Q: How long does it take to get a divorce in Missouri?
A: The timeline for a divorce in Missouri depends on various factors, such as the complexity of the case and the court’s schedule. On average, an uncontested divorce can be finalized within three to four months, while a contested divorce may take significantly longer.

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Q: Can I file for divorce without an attorney?
A: Yes, you can file for divorce without an attorney, but it is not recommended, especially if there are significant assets or child custody issues involved. An attorney can provide legal advice, ensure that your rights are protected, and help navigate the complex legal processes.

Q: Can I change my name during the divorce process?
A: Yes, you may request a name change as part of your divorce petition. However, the court will only grant the name change if it is not done to defraud or deceive others.

Q: How is property divided in a Missouri divorce?
A: Missouri is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally. The court considers various factors, such as each spouse’s contribution to the marriage, the length of the marriage, and the economic circumstances of each party.

Q: What happens to debts acquired during the marriage?
A: In Missouri, debts acquired during the marriage are typically considered marital debts and are subject to division between the parties. The court will consider factors such as who incurred the debt and the purpose of the debt when determining responsibility for repayment.

Filing for divorce can be overwhelming, but understanding the process and seeking professional guidance can help you navigate through the difficulties. Remember to consult an experienced divorce attorney to protect your rights and ensure a fair settlement.

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