Divorce is a painful, confusing, and legally complex process, especially when laws and procedures vary from state to state. In Missouri, the legal name of divorce is “dissolution of marriage,” and the process is full of complicated steps related to residency, filing requirements, property divisions, and child custody.

This article is a collection of frequently asked questions (FAQs) about divorce in Missouri. It will help you understand the process exactly.

Missouri Divorce Frequently Asked Questions

What Is The Legal Term For Divorce In Missouri?

In Missouri, the legal term for divorce is “dissolution of marriage.” It is the formal process of ending a marriage and resolving issues such as property division, child custody, and financial support.

What Are The Residency Requirements For Filing for Divorce In Missouri?

To file for divorce in Missouri, the process is simple; it has primarily two requirements:

• At least one spouse must have lived in the state for a minimum of 90 days before filing the petition
• The case must usually be filed in the county where either spouse resides

What Are The Grounds For Divorce In Missouri?

Missouri is considered a no-fault divorce state, meaning even if there is no wrongdoing proven in court, the couple can proceed with a divorce.

How Long Does A Divorce Take In Missouri?

There is no fixed timeline; it mainly depends on whether the divorce is contested or uncontested.

Uncontested divorce: May be finalized in about 30 days or slightly longer after filing.
Divorce contested: Can take months or more, depending on disagreements between spouses.

Court schedules and case complexity can significantly impact the case’s timing.

What Is An Uncontested Divorce?

An uncontested divorce happens when both spouses agree on all major issues, such as:

• Property division
• Child custody and visitation
• Child support
• Spousal support

These cases are usually resolved faster by the court.

How Is Property Divided In A Missouri Divorce?

In Missouri, courts use an equitable distribution system under which marital property is divided fairly. However, it may be equal or not.

Courts consider factors such as:

• Each spouse’s financial contributions
• The value of marital assets
• Economic circumstances of each spouse
• Custody arrangements for children

Separate property owned before the marriage is usually not divided.

What Happens To Debts During Divorce?

Marital debts are treated as joined debt and divided similarly to marital property. The court distributes the responsibility of paying back the loan after considering several factors, such as each spouse’s ability to pay, and more.

How Is Child Custody Decided In Missouri?

Child custody cases are complex, and courts’ decisions are generally based on the best interests of the child.

Missouri courts consider factors such as:

• The child’s relationship with each parent
• Each parent’s ability to provide care and stability
• The child’s adjustment to home and school
• The willingness of each parent to cooperate

Courts often prefer arrangements where both parties remain involved in the child’s upbringing.

What Is The Difference Between Legal Custody And Physical Custody?

Legal custody: The right to make major decisions about the child’s education, healthcare, and upbringing.
Physical custody: Determines where the child primarily lives.

These two are the primary types of child custody.

How Is Child Support Calculated In Missouri?

Child support is calculated using state guidelines and considering factors like:

• Each parent’s income
• Number of children
• Healthcare costs
• Childcare expenses
• Parenting time arrangements

Can Spousal Support Be Awarded In Missouri?

Yes, if one spouse is unable to survive or support themselves financially after the divorce, then Missouri courts may award maintenance (spousal support).

Factors considered include:

• Length of the marriage
• Financial resources of each spouse
• Standard of living during the marriage
• Earning capacity of each spouse

Do Both Spouses Need To Agree To Get Divorced?

Not necessarily, if only one spouse believes that the marriage is irretrievably broken, then they can file for the divorce.

Can Divorce Orders Be Changed Later?

Absolutely, the future is uncertain, and if there are some significant changes post-divorce and court orders, the court can amend and modify its order.

Do I Need A Lawyer For A Missouri Divorce?

Hiring a lawyer is not mandatory but recommended, especially in situations like:

• Disputes over property or finances
• Child custody disagreements
• Complex legal or financial issues

Having support from expert legal counsel ensures that your rights are protected. 

Conclusion

Divorce is an emotionally challenging process, and mismanagement can worsen the situation and relation between the couple, especially when they are parents. In this article, we answered some of the most frequently asked questions about Missouri divorce and child custody. We hope you enjoy reading this post and find it informative. If you need any legal help and want to hire an expert family attorney, then you can use our platform Legably for searching for the same and filter results by location to find the nearest family attorney available.