No one plans for their marriage to end, which is why many people have a lack of knowledge about the divorce process. If you and your spouse have decided to separate, it’s likely there will be some confusion as you navigate through the experience. You will want to clarify anything you don’t understand with a seasoned divorce lawyer. This will ensure you have all of the information necessary to make an informed decision about your future. Here are a few questions Missouri residents frequently ask when seeking a dissolution of marriage.

Common Questions Divorce Lawyers Answer for Their Clients 

What are the grounds for a dissolution in Missouri?

Missouri is a no-fault state, which means there is no need to prove either one of the parties involved in a divorce was at fault for the relationship ending. It’s only required to show there is no reasonable likelihood the marriage can be preserved. An order of dissolution will be granted once the court finds this to be the case. 

How are marital assets divided?

The court will review a number of factors when deciding how to divide marital assets. They will take into account the economic circumstances and contribution of each spouse, child custody arrangements, conduct of both parties during the marriage, and value of the nonmarital property of each spouse.

Am I able to get spousal maintenance? 

In Missouri, the judge is given quite a bit of discretion in determining who should receive spousal maintenance, how much should be awarded and for how long. Their decision is based on a variety of considerations, including the length of the marriage, conduct of each spouse, standard of living established during the marriage, earning capacity of each spouse, and the amount of marital property awarded to him or her in the divorce.  Additionally, the person seeking maintenance must demonstrate to the Court they have a need for it because they lack sufficient property to provide for their reasonable needs.  A divorce lawyer can be instrumental in helping you prove your need for maintenance or defend you against paying maintenance that ought not to pay.

Will my case have to be resolved in court?

Although a judge is the only one who can grant a dissolution of marriage, not every case is required to go to trial. In fact, most cases end up settling before the case goe so trial, even if they start out contested.  When both parties can agree on the terms of a divorce settlement, the court will often accept the settlement without even a court appearance.  However, if you and your spouse can’t reach an agreement, you must go through the proper legal proceedings to have the court decide for you.  

Filing for a dissolution of marriage can be a complex process, but the right divorce lawyer will ensure you’re informed on what to expect. Since 1993, Mingus Law Office has remained committed to protecting the interests of Columbia, MO and throughout Central Missouri, residents as well as others throughout Central Missouri on all matters related to family law. You can count on him to work aggressively toward securing a favorable outcome on your behalf when it comes to the division of property, child custody, and spousal maintenance. To retain the legal representation you need for your dissolution case, call (573) 443-5202. You can also visit him online for more information on how his expertise will benefit your situation.