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When you think about filing for divorce in Missouri, the first thing that tends to come to mind is a long process, lots of divorce papers and hassle. If you are considering an uncontested divorce you are already going through a difficult period, and the last thing you need is to prolong this even further. Luckily, thanks to GetDivorcePapers.com you do not need to worry.
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Like most states, Missouri has adopted a no-fault approach to divorce. The spouse asking for the divorce must show that the marriage is irretrievably broken and that it is beyond repair.
If your spouse does not want a divorce and denies that the marriage is irretrievably broken, you may still obtain a divorce. You will need to show one of the following:
If the court does not find that the marriage is irretrievably broken and grants a legal separation, then either party can file a Motion to Convert the legal separation (judgment of legal separation) into a divorce (judgment of dissolution) no earlier than 90 days from the date that the judgment of legal separation was entered by the court.
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There is a 30-day waiting period before your divorce can be finalized in Missouri. The waiting period begins the day you file the Complaint. After the 30 days you can contact the court clerk to have your case set for trial. If you have children, you will need to complete a parenting education class before your case is finalized.
To file for divorce in Missouri, your or your spouse must live in Missouri for at least 90 days. For an uncontested divorce, you and your spouse must agree to the terms of divorce including the division of assets and debts, child custody and support, alimony, etc.
Irretrievable breakdown is the no-fault ground in Missouri. Previously one party needed to be at fault to file for divorce in Missouri, however now parties can divorce just because they no longer wish to be married. This is referred to as a no-fault divorce, meaning you do not have to prove the fault of either party.
While you do not need your spouse's signature to get a divorce, the court requires you to give your spouse notice of the divorce filing. If you do not know the location of your spouse, you will need to serve them by publication. This means that you will need to put ad in the local newspaper, of your spouse's last known location, giving notice of the divorce. You will need to contact the court to see which newspapers are acceptable to run the publication.
In most cases you will only need to go to court to file the initial forms with the court. You may need to appear for the Judge to sign off on the Final Decree as well. If you and your spouse agree to the terms of the divorce, there will not need to be a trial.
The court will always do what is in the best interest of the child. It is best that the parents have frequent and continuing contact with the children. However, in some cases joint custody is not possible. The court will usually accept the terms that you and your spouse have agreed to if the interests of the child are protected. It is required by law that a parenting plan is filed. The parenting plan must always be in the best interest of the child, be presented to the court for approval, and is binding once approved by the court.
Child support is determined based on a state guideline amount. Any amounts paid for childcare and health care are taken into consideration when calculating the amount for child support.
Missouri is an equitable distribution state. This means that in a divorce, the court will divide the assets in a fair and equitable manner. Equitable does not necessarily mean 50/50. There are several factors considered which includes:
Most assets acquired during the marriage will be considered marital property and subject to division except for gifts or inheritance.
If your spouse is willing to sign a "Entry of Appearance and Waiver of Service" acknowledging that he/she has received the papers, you may hand the papers to your spouse or send them by regular mail.
Otherwise, you will need to serve your spouse with the initial divorce papers in a different manner. You may (1) hire a sheriff or other court officer to serve your spouse with divorce papers 2) Hire a special or private process server if the respondent is difficult to find or is trying to avoid being served.