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Who Can File For Divorce In Missouri?
According to Missouri law, either spouse can file for divorce in the state as long as they meet the state’s residency requirements. A spouse must have lived in Missouri for at least 90 days before filing for divorce.
What Are The Legal Grounds to File For Divorce In Missouri?
In Missouri, either spouse can file for divorce as long as they have been a resident of the state for at least 90 days prior to filing.
Does Missouri Require Separation Before You File For Divorce?
Yes, Missouri requires a separation period before a divorce can be finalized. Couples must live separately and apart for at least 90 days before a divorce can be granted. If the couple has children, the separation period is extended to at least 180 days.
How Is Community Property Divided In Missouri When You File For Divorce?
Missouri is not a community property state. It is an “equitable distribution” state, which means that marital property is divided in a fair, but not necessarily equal, manner.
The court considers a variety of factors in determining what is a fair distribution, including the length of the marriage, the age and health of each spouse, earning potential and income of each spouse, contributions to the marriage by each spouse (including homemaking and child-rearing), and any prenuptial agreements.
Separate property, or property owned by one spouse before the marriage or acquired during the marriage by gift or inheritance, is generally not subject to division in a divorce.
How Much Does It Cost to File For Divorce Missouri?
The cost of divorce in Missouri can vary depending on a variety of factors such as the complexity of the case, attorney fees, court fees, and other related expenses.
On average, the cost of an uncontested divorce in Missouri can range from $500 to $1,500, while a contested divorce may cost up to $10,000 or more. However, these are just rough estimates and the actual cost can vary depending on a variety of factors unique to each case.
It is always recommended to consult with an experienced divorce attorney to get a better understanding of the potential cost of a divorce in Missouri. See our guide on how to get divorced on a budget.
How Long Will It Take To File For Divorce In Missouri?
In Missouri, the divorce process can take anywhere from 30 days to 6 months or longer, depending on the complexity of the case and the amount of time it takes to resolve issues such as property division, child custody, and support.
The minimum waiting period for a divorce in Missouri is 30 days after the divorce petition is filed, but this can be extended if there are contested issues that need to be resolved through negotiation, mediation, or trial.
How Is Child Custody Decided In Missouri When You File For Divorce?
In Missouri, child custody is decided based on the best interests of the child. The court will consider factors like the child’s age, health, safety, and emotional well-being; each parent’s ability to provide for the child’s physical and emotional needs; each parent’s willingness to encourage a positive relationship between the child and the other parent; and any history of abuse or neglect by either parent.
The court may also consider the child’s preference if they are old enough to express it. Parents may negotiate a custody arrangement outside of court or present their own proposed plan to the judge, but ultimately the judge will make the final decision based on what they believe is in the child’s best interests.