Divorce papers in Missouri — filing for divorce in MO

Online divorce in Missouri

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How to get divorce in Missouri

The information below will help the interested person understand more about the divorce in Missouri.

The common steps of how to get a divorce in Missouri:

1

If the interested person wants to get a divorce and file for one of Missouri court he or she needs to be a resident of this state.

2

The interested personneed to be legally married. It doesn’t matter whether his or her wedding ceremony was in Missouri or any other state or country.

3

The interested personcan files for dissolution of the marriage in Missouri only for one reason - marriage is irretrievably broken.

4

When the interested person filled all the necessary forms and gathered all the documents he or she can file for the court.

5

The interested person need to fill all the necessary Missouri divorce documents.

 

Residency:

In order to file for divorce in Missouri the interested person or the spouse have to be a resident of this state. This means that the partners need to live in Missouri for at least 90 days.

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Valid grounds to get divorce in Missouri

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If the interested person wants to divorce in Missouri, they do not need some specific reasons to do it as it is no-fault state divorce state.
The interested person have to testify that the marriage is irretrievably broken.
One spouse can appeal of either spouse, but he/she need to challenge that the marriage is broken.
If a partner can’t do it the partners are considered divorced and can marry any other person.

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Annulment of the marriage in Missouri

Annulment of marriage declares that the marriage has never existed. But the client should understand that not everyone can get an annulment as there should be some specific reasons for it.

The marriage can be annuled if:

  • The spouse was married when he or she entered a marriage with the interested person.
  • If the interested person it was a marriage between ancestors or descendant such as brother, sister, mother, father, grandmother, grandfather, cousin, nephew, niece;
  • If the spouse were younger than 18 years old and the parents or guardians did not put their signatures; 
  • If the spouse were incapable to enter the marriage ( mental or physical disability). 
  • If the spouse lied to other about some very important fact from his/her life such as pregnancy, serious, disease, impotency, financial situation, etc. 
  • Common law marriages.

Legal separation

In Missouri legal separation is called separate maintenance. So if the interested person can’t live with the partner and they have a lot of misunderstandings, the spouse committed adultery and they need some time to recover, or want to separate because of a misconduct of the partner, they can separate for 2 years.

In order to file for separate maintenance the spouses need to be a residents of Missouri, this means that the interested person has to stay in Missouri for at least 90 days.

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Custody of the child in Missouri

Custody of the child

The court decides who will have a custody of a child and who will have visitation according to the best interests of the child.

There are some facts that would be taken into consideration while deciding child custody issues:

  • The spouses' desires.
  • The child desires.
  • The spouses' health.
  • The spouses' ability to earn money.
  • Atmosphere in the family.
  • Any history of domestic violence.
  • Relationship of a child with family members (brothers, sisters, grandmother, grandfather, any other person who is important in child’s life).
  • What school child will attend.
  • The spouses' living conditions.
  • any history of alcohol or drug addiction.
  • any other factors that court may consider as important for a child.

A child can decide whether to stay with a mom or a dad when a child is 11 years old. The older a child is, the more value it will be given to his/her words. The interested person can talk with the attorney in order to decide whether the child will speak at the court or not.

There are two types of custody: Joint custody and Sole custody.
In case of joint custody all the important decisions about child’s life are taken by both parents, but when a court gives sole custody to a parents it means that only one parents makes decision about child’s life and other parent does not have right to influence this decision.
According to a joint custody? a child can be spend as much time in his/her mother’s house as he/she spends time in his/her father’s house. In this case a child support is still paid by one partner to another partner, but the interested person can talk to the attorney and file for a court in order to reduce the child support amount.

Rules for child support in Missouri

Child support it is a help for a child and custodial parent in order to provide all the necessary food, clothes, shelter, education for a child.The amount of a child support is usually calculated according to:

  • Child’s expenses for food, clothes, education, pocket money, etc.
  • The spouses' income.
  • Parent’s age, moral and physical health.
  • Expenses for a transportation of a child to his/her another parent.
  • Whether the spouse has a sole or joint custody.
  • Any other factors the court may consider as important.

Here is a common calculation of a child support (when an income of a parent is 6000 $ or less):

 

1 child

17% of income

 

2 children

25% of income

 

3 children

29% of income

 

4 children

31% of income

 

5 children or more

34% of income

Uncontested Missouri divorce with children
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Rules for spousal support in Missouri

Rules for spousal support

Spousal support it is a certain amount of money that one spouse pays to another in order to help her/him to cover her/his living expenses.

The court usually decides the duration and amount of alimony according to the following factors:

  • Partner’s age
  • Partner’s moral and physical health
  • Ability of each partner to earn money
  • Each spouse's assets and debts
  • Financial situation of each spouse
  • Each spouse education
  • Each spouse behaviour during marriage
  • How long were the spouses in marriage
  • How long will it take for a spouse to finish a proper courses or college
  • Standard of living that the spouses had in their marriage

Sometimes it is possible to change the amount of alimony or to stop paying it at all. It depends on a type of the alimony that the interested person has. So there are two types of a spousal support: modifiable and non modifiable.
Once the partner is dead or married again, the interested person can stop paying alimony.

Divorce without a lawyer in Missouri

If the interested person applies for a divorce in Missouri, it is possible to avoid the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county the interested person lives, the process of divorce in the state of Missouri can vary. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Mediation support in Missouri

Mediation support helps with important decisions as for property division, child custody and visitation, child’s education, etc.

Divorce forms in Missouri

There are a lot of forms the interested person has to fill in order to divorce in Missouri. Here are some examples of the forms needed to fill in most cases:

  • Notarized petition of Dissolution.
  • Confidential Case filing information Sheet.
  • Family Court Information Sheet.
  • Statement of Income and Expenses.
  • Statement of marital and Non-Marital Income and Debts.
  • Certificate of Dissolution of Marriage, etc.

Uncontested divorce in Missouri

Uncontested divorce in Missouri

Uncontested divorce in Missouri mean the parties completely agree that their marriage is over.

Thee interested person can not give any other reasons for a divorce such as adultery, domestic violence, alcohol or drug addiction of the spouse, impotence, etc. According to the law the interested person should not blame their spouse.

OnlineDivorce.com charges for accessing the online divorce interview organizer and detailed filing instructions. Divorce forms are provided free of charge.

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