Missouri Divorce Laws: 15 Of The Best Separation Laws
If you are in Missouri, then understanding Missouri divorce laws is very crucial, especially if you are out to end your marriage in the state. The Missouri divorce law, from the set rules about residency requirements to the kind of property division, can be so confusing.
You might be contemplating a divorce, or you may already be involved in the process, but you just want to know what your rights are. That is all so important, and knowledge of the lay of the land legally is paramount.
Below are 15 of the key Missouri divorce laws described in detail; from the grounds that need to be available to initiate divorce and on to issues regarding child custody and alimony, how the law in Missouri may impact your case. The idea is to get you better prepared for what lies ahead.
Let’s dive in.
Missouri Divorce Laws You Must Know Now:
1. No-Fault Divorce:
Missouri is a no-fault divorce state, and the spouses are not required to prove adultery, abuse, or any kind of wrongdoing to get divorced. As per Missouri divorce laws, the only thing which has to be established is that a marriage has become “irretrievably broken” and there is no reasonable likelihood of reconciliation.
This makes things much easier on many levels and diminishes some of the emotional turmoil associated with placing blame. This makes divorce less adversarial because couples can simply focus on practical issues, like division of properties, instead of fighting over whose fault it is.
2. Residency Requirement:
Either of the spouses must have been a resident of the state of Missouri at least for 90 days prior to the filing of the petition for divorce. This places the case under the jurisdiction of the Missouri courts.
In Missouri, the divorce law is strict to an extent where it calls for this; failure to satisfy the requirement will see the court dismiss the case. It covers both contested and uncontested divorces. A rule of such kind does not provide room for an individual to “forum shop” and find a state with lax divorce laws to help ensure Missouri courts preside over local issues.
3. Mandatory Waiting Period:
Missouri law has a waiting period of 30 days from filing before the divorce can be finalized. So this waiting period, according to Missouri divorce laws shall act as a cooling off period during which the two parties can reconsider their decision.
The wait also allows the parties to make whatever arrangements are necessary, like the preparation of agreements on the division of property and child custody. Most states impose a waiting period for divorces, even uncontested divorces, just so the decision to dissolve marriage is deliberate, not one made in haste.
4. Division of Property:
By statute, Missouri adopts the principle of “equitable distribution” in the division of marital property upon the dissolution of marriage. That is, the Missouri divorces laws provides that property acquired during a marriage must be divided fairly, though not necessarily equally.
The court may consider factors such as the length of marriage, economic circumstances of each spouse, and contributions in terms of both economic means and non-economic means related to homemaking. The objective is a fair division that accurately reflects both parties’ needs and their relative contributions to the accumulation of property, rather than an absolute equal, 50/50 division.
5. Spousal Maintenance (Alimony):
Spousal maintenance, or alimony, may be awarded in Missouri if one spouse lacks sufficient property or income to meet reasonable needs.
The Missouri divorce laws consider a number of factors before the court grants spousal support, which may include duration of marriage, standard of living as established by the marriage, and financial resources of the parties. Support may be granted for either a limited or indefinite period of time.
The goal is to allow the spouse earning less to achieve an appropriate post-divorce standard of living, approximating what he or she enjoyed during the marriage.
6. Child Custody:
Missouri divorce laws pride themselves on keeping in mind the child’s best interest when granting custody orders. Among various factors are to consider how close the child is with each parent, the willingness of the parents to foster a relationship with the other parent, and how well adjusted the child is within the home, school, and community.
It is favored to have joint custody, but a sole custody arrangement can be made when it will best serve the child’s interest. The court encourages both parents to put in writing a parenting plan, enumerating arrangements relating to custody, visitation, and decision-making.
7. Child Support:
In Missouri, child support is based on the Income Shares Model. This means both parties’ incomes are taken into consideration.
According to the Missouri divorce laws this amount is to be given through court help with a standardized formula based on gross income of the parents, number of children, health insurance cost and childcare.
Thus, it presupposes that there is adequate financial provision for the child made by both parents. The child support payment amounts are normally bound until the child is 18 years old or even 21 while he or she is still at school.
8. Mandatory Parenting Plan:
The parenting plan must be in compliance with the laws of Missouri regarding divorce. This would involve issues such as custody arrangements, visitation schedules, responsibility for decision-making, and a procedure for resolving disputes.
The Court will review that plan to make sure it serves the best interests of the child. If the parents cannot agree on a plan, the court may impose its own plan upon them. This parenting plan encourages cooperation among parents and gives a very clear outline of how co-parenting is going to work after the divorce to reduce conflict and make the child secure.
9. Mediation Requirement:
In contested divorce cases with children or support issues, mediation may be a requirement by Missouri courts. In Missouri, mediation is a procedure that takes place during a divorce proceeding in which a third-party neutral helps the two spouses reach an agreement about disputed issues.
Under this backdrop, it is the intention that such a requirement would reduce conflict and promote amicable resolutions so much more easily and cheaply than going to trial. Confidentiality rules have covered the mediation process, and mediators do not make a decision in cases.
If no mediation is successful, the case will go to trial, and the final determinations decided upon by the court.
10. Legal Separation Option:
Missouri allows the option of legal separation to individuals who are not ready for divorce but would like to live apart. Under the Missouri divorce laws, legal separation allows couples to make formal arrangements concerning child custody and property division while still legally married.
This may be temporary for those couples contemplating reconciliation, or who, for religious or financial reasons, do not want to divorce. Legal separation can, at a later date, be converted to a divorce if the couple decides to permanently end the marriage.
11. Grounds for Divorce:
Missouri divorce laws permits only one ground for divorce, and it is that the marriage should be “irretrievably broken.” If one of the spouses denies this, the court will debate evidence of other specific faults—for example, adultery, desertion, mistreatment—as determining factors for the sustainability of the marriage.
Next, the court would have to weigh if there is any possibility of reconciliation. When the judge deems the marriage irretrievably broken, the divorce is granted. It is through this process that divorces are not granted without going through the availability of all possibilities seeking to preserve the marriage.
12. Modification of Decree of Divorce:
Missouri divorce laws do provide for modification of decree under divorce only in certain conditions. If substantial changes occur, such as a significant increase or decrease in income, changes in the needs of a child, or relocation of either party, the court may, upon petition of either party, modify provisions as relate to support, custody and parenting time, or maintenance.
A court will listen to the requests to see if changes are necessary and serve the children’s best interest, if any. It is through this flexibility that divorce agreements can be fair and relevant over time.
13. RELOCATION OF A CUSTODIAL PARENT:
Missouri divorce laws state that a custodial parent who has decided to relocate over 50 miles should have given written notice at least 60 days before. The written notice would have stated why he was relocating, to where, and the proposed revised visitation schedule. He has 30 days within objection to turn the non-custodial parent down.
If there is no such agreement, then the court decides based on what is in the best interest of the child. This law tries to balance the right of a custodial parent to relocate with the need of the child for a stable relation with both parents.
14. Adultery and Division of property:
While essentially a no-fault state for divorce grounds, in Missouri adultery may still be counted in factor with regard to property division and maintenance, if a spouse’s adultery caused the dissipation of marital assets or substantial mental pain.
The court may count this under Missouri divorce laws upon the proper division or reward of maintenance. On the other hand, mere adultery by itself would not make a case for more favorable settlement. It shall consider every available factor that can best assure fairness and equity in the matter, having regard to financial or other practical needs of either party.
15. Debt Responsibility:
That is, according to the Missouri divorce law, all debts incurred within the marriage are debts of the couple jointly. Missouri divorce laws state that such debts have to be divided by the court based on a spouse’s ability to pay, the purpose of the debt, and who benefited from it.
That means responsibility for a debt will be divided equitably—not necessarily equally. The court could also assign certain debts to one spouse, especially those that pertain to separate property or personal expenses, but generally, it should divide all of them fairly.
These explications should suffice your needs for an elaborate and quality discussion on the Missouri divorce laws.
Conclusion:
I hope you learned something from this post about Missouri divorce laws, at least the essential legal requirements and regulations.
Whether it involves residency prerequisites, property division, or custody arrangements, each law plays a crucial role in determining the outcome of a divorce. Getting yourself acquainted with all these Missouri divorce laws will not only give your an edge, but will make you very prepared to face any challenges ahead.
I wish you well as you take take this step.
