Collaborative Post¦ Each state has unique laws on the books for everything from traffic violations to divorce. You can find some old and antiquated laws still holding their own in each state as well. Due to the way that the US government divided up local governance, your county might also have unique laws that are not the same as federal laws or laws in other states.
Get a Missouri divorce lawyer if you are ready to seek a divorce. Having a legal expert working on your divorce will ensure that you don’t run into the common pitfalls that people without a legal background can encounter during the divorce process. Meeting deadlines and considering all of your options is much easier if you have a Missouri law expert on your side.
Differences in Missouri Divorce Law Compared to Other States
1. No-Fault Divorce
In the state of Missouri, divorce is a no-fault legal issue. This means that you can file for a divorce without needing a reason related to misconduct. In some states, irreconcilable differences are not a suitable defense to bring when you seek a divorce, and infidelity or some other crime needs to happen before you can seek a divorce.
In Missouri, you can seek a divorce simply because you want to be separated from the person that you married. This can be a big help to those who are simply unable to live together and would be happier apart.
2. Residency Requirements
In Missouri, to be able to file for a divorce, at least one of the spouses involved in the divorce needs to have been a resident of the state for at least 90 days. This is a fairly standard requirement in other states, but it is not universal. It is much easier, as a rule, to try cases brought by residents of the state who have a Missouri-based address and ties to the community. This is due in part to considerations related to child support and custodial agreements, as well as the potential need to split up property that is located within Missouri state.
3. Waiting Period
In Missouri, there is a mandatory 30-day waiting period after filing for divorce. This law is on the books to ensure that people are truly prepared to divorce once they have gone through the initial steps of the process. Believe it or not, many people reconcile after they have started the divorce process and have some time to cool off, talk with one another, and change some of their actions and plans for the future.
Most states have a waiting period that must be observed during the divorce process, and in Missouri, it takes place after the filing is complete.
4. Separation Requirement
There is no mandatory separation requirement in the state of Missouri before filing for divorce. Some states require that the spouses have not been residing together for a set period of time before a divorce can be filed. This is a helpful consideration if you are living in the state and want to divorce, as finding housing prior to your divorce being completed as a single person with a single income can be very difficult.
5. Spousal Maintenance
Spousal maintenance is handled on a case-by-case basis in the state of Missouri. The considerations that go into determining spousal support awards are the finances of both of the people who were a part of the marriage, the ages of the parties getting divorced, whether or not there are children who are going to need care and who still reside at home, and co-ownership of things like businesses or investment properties.
Spousal maintenance is not guaranteed to those who are divorcing in the state of Missouri, so you should not be planning on getting this maintenance as part of your determination to get a divorce.
6. Marital Property
Assets that are acquired during the marriage are considered to be marital property and can be split up as part of the divorce process. Items and businesses or property that came with a specific spouse to the marriage are not. This means that you are able to exclude gifts, investments, and other items that you brought with you into the marriage so that they cannot be taken from you during the divorce. Some states view all the shared assets of the spouses as items that can be divided up during the settlement, regardless of how they came into the marriage.
7. Child Support
In the state of Missouri, child support and child custody are determined with an eye toward what is best for the children. Children are not allowed to decide who they want to live with, and the custodial plan and the child support plan will be determined by a judge. You can go through the mediation process with your former spouse to attempt to create a customized parenting plan that suits both of your needs.
8. Mediation
Mediation is offered for each divorce that is processed in the state of Missouri. Mediation can avoid higher legal fees and longer times from start to finish for divorce cases, and it can make it far more likely that you and your spouse will create a divorce settlement plan that works for both of you. If mediation fails, your lawyer can request a court date be set up so that a judge can make the final determination in your divorce.
Divorce in the State of Missouri Can Help You Live a Happier and More Fulfilling Life
If you are thinking about getting a divorce in the state of Missouri, you likely have very good reasons for this decision. There are various legal factors that make getting a divorce in this state far more straightforward than in some other states. You should be sure to talk with your lawyer about the process and what to expect. Being prepared for all of the steps and stages of the divorce process can help you to avoid stress and worry while your divorce is being completed.
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