Divorce can be a complex legal matter to navigate, and each state has its own specific family laws and procedures that need to be followed. Being as informed as possible about the process can help make what is often a trying experience much more manageable. Here are answers to commonly asked questions about filing for divorce in Missouri.

What You Should Know About Filing for Divorce in Missouri

Do I have to prove fault in a Missouri divorce case?

Missouri is a no-fault state when it comes to divorce. This means that all divorces are caused by an irretrievable breakdown in the marriage contract. The only exception to this rule would be if your spouse contests the divorce; in this case, you would need to prove adultery, the presence of dangerous or untenable behavior, abandonment for at least six months, or a long-term separation.

How do I file for divorce?

In uncontested divorces, the spouses usually jointly file a Petition for the Dissolution of Marriage. At this point, the details of the divorce need to be ironed out. Each party typically hires their own family law attorney, but in particularly amicable divorces, both spouses may use the same attorney. Communicating back and forth, both parties decide how they want to make arrangements for child custody, spousal support, and the division of property.

Will my divorce go to trial?

By and large, most divorces don't go to trial; the details are worked out through lengthy negotiations. Once you and your spouse come to mutually agreeable solutions on how to resolve the issues relating to the divorce, a family law judge needs to approve the arrangements to legally enact them.

My spouse and I are unsure if divorce is the next step. Are there alternatives?

Divorce is a final solution that legally ends a marriage for good. Missouri recognizes some alternatives for couples who are unsure if this is the right option for them. Spouses can file for a legal separation, which is called "separate maintenance" in Missouri; this sets up temporary arrangements for custody, support, and property division, without ending the marriage. In cases of marital fraud, coercion, or mental impairment, an annulment may be possible; instead of legally ending a marriage, an annulment states that the marriage never happened from a legal standpoint.

When filing for divorce, have the support of a family law attorney on your side. Privette Law Office serves the Howell County and southern Missouri regions. In addition to divorces, they offer representation in personal injury law cases, estate planning matters, and other civil litigation issues. Call (417) 469-3535 or visit them online to schedule a free consultation.