Frequently Asked Questions
What is a divorce? – Irrelevant of whether your wedding was officiated by a judge, justice of the peace, priest or rabbi, you entered into a legal contract with your spouse, this is call marriage. To dissolve your marital contract, you file a Petition for Dissolution with the court and seek a dissolution of your marriage.
What do I have to prove to get a divorce? – Missouri is a “no-fault” state, this means that you do not have to prove one party caused the destruction of the marriage. You have to prove that the marriage is irretrievable broken and there is no reasonable likelihood it can be preserved.
Can I still get a divorce in Missouri if I was married in another state or country? – Yes, as long as one party has been a resident of the State of Missouri for ninety (90) days before to filing the Petition for Dissolution. If you have children and they live out of state, Missouri would not be the most appropriate location to file your Petition for Dissolution: you must discuss this with your attorney for a specific answer.
How long does it take to get divorced? Each case’s time-line varies; uncontested matters as little as 30 to 45 days. The Missouri Supreme Court guidelines deems eight month is the ideal length of time to obtain a divorce. The length of time depends upon the complexity of the issues and the ability of the parties to cooperate.
How is property divided? – Generally, the court defines property as Non-Marital/Separate or Marital. Usually, property acquired prior to the marriage is Non-Marital/Separate. Property acquired during the marriage is Marital. Some property can be not Non-Marital/Separate and Marital. For example, retirement money earned prior to the marriage is considered Non-Marital/Separate; retirement money earned during the marriage is considered Marital and your spouse is entitled to half of it. There are many exceptions to defining property and an attorney should be consulted to provide a specific answer to your situation. (Miller vs. Miller, Mo. Ct. of App. SD33253, March 20, 2015.)
Are alimony, maintenance and child support the same? No. In Missouri, support provided from one spouse to the other spouse for their personal needs is called Maintenance (more commonly called alimony) Support provided from one spouse to the other spouse for the needs of the parties children is called Child Support. (Schubert vs Schubert, Mo. Ct. of App. ED96511, May 1, 2012.)
Can Maintenance be included as Child Support? – No. Maintenance and Child Support are two distinctly separate concepts. (Schubert vs Schubert, Mo. Ct. of App. ED96511, May 1, 2012.)
Who is awarded Maintenance? To be eligible for maintenance the court will determine if a party lacks sufficient property to provide for their necessary needs and that party is unable to provide for their necessary needs through appropriate employment. If the court determines a party is eligible for Maintenance, it will then determine whether the other party is able to pay maintenance. The court will reviews many factors when determining the issue of maintenance; the length of the marriage; income earned by each party; and each parties’ necessary needs. (Schubert vs Schubert, Mo. Ct. of App. ED96511, May 1, 2012.)
What is the difference between legal custody and physical custody? Legal custody refers to the decision make rights parents have over their child(ren) and physical custody refers to the duration of time a parent spends with their child(ren). (Missouri Statute Chapter 452.375.1)
What are the different types of legal custody? Generally, the court awards Sole or Joint Legal custody. Sole Legal Custody means one parent makes the decisions for the child(ren). Joint Legal Custody means the parents together makes the decisions for the child(ren). As a matter of public policy the state prefers and encourages the courts to award joint legal custody. (Missouri Statute Chapter 452.375.4)
How is child support determined? The court takes into consideration many factors: the incomes of the parties; how many children to the parties have together or from other relationships; whether the parties have entered into another court order for child support; special needs of the child; the cost of medical insurance; overnight visitation; and child support calculated pursuant to Form 14. (Missouri Statute Chapter 452.340.1)
What is Form 14? Is a guideline set by the Missouri Supreme Court for a suggested child support based upon numeric calculations: for example, parties’ income; health insurance cost; and child care costs. (Missouri Statute Chapter 452.340.1)