Divorce is a stressful event with a variety of important decisions that must be made. The more you understand about the laws and procedures, the better prepared you’ll be to navigate the process successfully. Consulting a Missouri divorce attorney about any confusion you have will help you avoid costly mistakes and provide you with a good idea of what to expect. Here are some of the most common questions people have about ending a marriage.

A Guide to Missouri Divorce Laws

What are the grounds for divorce?

Missouri is a no-fault divorce state, which means it’s not necessary to show that either party’s actions were at fault for causing the marriage to break down. Instead, you will only need to prove the relationship is irretrievably broken and there’s no reasonable likelihood of reconciliation. However, misconduct can be a consideration when dividing property or awarding spousal maintenance.

How do I start the divorce process?

The first step is meeting with a divorce attorney for help preparing and filing a Petition for Dissolution, which needs to include all the identifying information for you and your spouse and the details of your marriage. If you have minor children, you’ll also be required to submit a parenting plan with provisions addressing custody, visitation, and child support.

Next, the court will issue your spouse a summons and give them time to respond. How they answer will determine if you move forward with a contested or uncontested divorce. 

How is marital property divided?

Missouri courts divide marital assets by equitable distribution. This only applies to property acquired during the marriage. To figure out what’s fair, the court will take several factors into account, including each spouse’s financial situation, each spouse’s contributions to the marriage, the value of both party’s non-marital property, and who will have primary custody of the children. 

Can I receive spousal maintenance?

Spousal maintenance may be ordered in some cases, depending on whether a certain economic threshold is met. To receive payments, your divorce attorney must demonstrate that you lack sufficient property and you’re unable to work because of childcare obligations that make it impossible to do so.

The court decides on a maintenance amount based on the length of the marriage, the standard of living upheld during the marriage, the earning power of each party, and the financial resources of the spouse asking for support. 

If you’re considering a dissolution of marriage, reach out to the divorce attorneys at Privette Law Office to explore your legal options. Backed by more than 30 years of experience, they have extensive knowledge of local laws and court proceedings and are known for providing reliable representation to residents throughout Howell County, MO. With a proven track record of delivering results, they can offer you valuable advice and guidance for achieving a favorable settlement. Call (417) 469-3535 to schedule a consultation, or visit them online to learn more about their family law services.