In order to obtain a divorce in Missouri, either spouse must be a resident of the state for at least 90 days before filing. The petition for divorce must be filed in the county where either spouse resides and in order to be granted, the filing spouse must prove beyond a reasonable doubt that the marriage is not salvable.
If the defendant denies that the marriage cannot be fixed, then the filing spouse must prove that the other either committed adultery, behaved in a way that would make the marriage intolerable, abandoned them, or have lived separately for at least 12 months prior to filing.
In lieu of a divorce, Missouri couples may apply for legal separation. A legal separation in the state may be granted on the same grounds as a divorce.
As property distribution goes, Missouri is an equitable distribution state, meaning that if a couple cannot reach an agreement concerning their marital assets, the court will divide them equitably, taking certain things into consideration, such as each spouse’s financial situation, the value of the property and whether or not the couple has children.
Alimony can be awarded to either spouse if the court finds they deserve it and are in need. The resources of each party will be considered as well as their age, duration of the marriage, and other factors.
There are many details involved in filing for divorce in Missouri, and things can get complicated very easily. Even the most mutual of splits can end roughly, so contacting a Missouri divorce attorney is key to ensuring a swift and smooth resolution for the proceedings.
If you need help dividing property, determining child custody and any other marital matter, divorce lawyers in Missouri will ensure everything is squared away fairly. Call to schedule a consultation today.