Missouri Divorce Laws- Dissolution of Marriage

Missouri Child Support

In filings involving divorce, legal separation or child support, divorce laws mandate that courts have the ability to order Missouri child support payments to either or both parents owing support to a child of the marriage. Courts can impose an order binding a parent to pay child support retroactively if it deems the action necessary, including an award retroactive to the date of filing the petition. Relevant factors that the court will consider when deciding MO child support are:

	The financial needs and resources of the child,
	The standard of living the child would have enjoyed had the marriage reasonable expenses associated with the custody or visitation arrangements;
	The physical and emotional condition of the child, and the child's educational needs,
	The child's physical and legal custody arrangements, including the amount of time the child spends with each parent; and
	The reasonable work-related child care expenses of each parent. Mo child support laws provide that in cases where a marriage annulment or marital annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children in the state receive.

If a marriage separation (sometimes referred to as a marital separation or legal separation)

has been decreed, the court may make such further orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deemed appropriate.

Missouri child support payments will be made electronically whenever possible, and done so through the Family Support Payment Center (FSPC), which withdraws child and/or spousal support from your checking or savings account by electronic funds transfer

End of MO child support obligation

In general, the court will end the obligation of a Missouri child support payment order when:

	the child dies;
	marries
	enters active duty in the military
	becomes self-supporting
	reaches age eighteen
	reaches age twenty-two if certain conditions have induced the court to extending child support beyond age eighteen (higher education or vocational degree pursuit)

Missouri Child Custody

Missouri divorce laws guide the court and will determine child custody based on the best interests of the child. Factors the court will consider include:

	The wishes of the child's parents as to child custody and the proposed parenting plan or child visitation schedule submitted by both parties;
	The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;
	Relationships of the child with parents, siblings, and any other person who may significantly affect the child's best interests;
	Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;
	The child's adjustment to the child's home, school, and community;
	The mental and physical health of all individuals involved, including any history of abuse of any individuals involved;
	The intention of either parent to relocate the principal residence of the child; and
	The wishes of a child as to the child's custodian.

The court will determine the child custody arrangement which will best assure both parents participate in such decisions and have frequent, continuing and meaningful contact with their children so long as it is in the best interests of the child. No presumption will be made because of a parent's gender, age or financial status. When the court finds that each parent is unfit, unsuitable, or unable to be a custodian, and it is in the best interests of the child, then custody, temporary custody or visitation may be awarded to any other person or persons deemed by the court to be suitable and able to provide an adequate and stable environment for the child.

Wishes of the child

The court has the latitude to interview the child in chambers to determine the child's wishes as to his custodian and relevant matters within his knowledge. The court will permit counsel to be present at the interview and to participate in the hearing.

Non-custodial parent's access to records

Both parents will have access to the child's records pertaining to matters about medical, dental, and school records, or any other records the court deems appropriate.

Relocation of the child

If a relocation is contemplated by the custodial parent, they must provide the following information at least 60 days in advanced of the proposed move:

	The intended new residence, including the specific address and mailing address, if known, and if not known, the city
	The home telephone number of the new residence, if known
	The date of the intended move or proposed relocation
	A brief statement of the specific reasons for the proposed relocation of a child, if applicable
	A proposal for a revised schedule of custody or visitation with the child, if applicable

Divorce laws in Missouri state that any public or private institution that denies access or fails to provide or disclose any and all records and information e.g. past and present dental, medical and school records pertaining to a minor child, to either parent upon the written request of that parent, the court will order that party to comply immediately with such request and to pay to the prevailing party all costs incurred [legal fees and court costs].

The court has the option to interview the child in chambers to determine the child's wishes as to his custodian. The court will permit counsel to be present at the interview.

Visitation
Co Parenting

During the separation or divorce process, you are afforded the opportunity to put together a visitation schedule or parenting plan which determines when the non-custodial parent spends time with the children. Whether you are successful or you have to rely on the court's decree, you should consider including the following in your agreement- don't leave anything to interpretation:

How is the custody defined in your divorce? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may  the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about future partners? Should those partners stay overnight in front of the children? Should the court determine the visitation schedule, it will likely include alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the  children's birthdays, and open communication by phone and computer. Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

Spousal Support
Missouri Alimony
Maintenance

The court may grant alimony (sometimes referred to as spousal support or maintenance) to either spouse, but only if it finds that the spouse seeking maintenance:

	Lacks sufficient property, including marital property apportioned, to provide for reasonable needs; and
	Is unable to support him/her self through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.

The maintenance order will be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including:

	The financial resources of the party seeking maintenance,
	The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment,
	The comparative earning capacity of each spouse,
	The standard of living established during the marriage,
	The obligations and assets, including the marital property apportioned to him and the separate property of each party,
	The duration of the marriage,
	The age, and the physical and emotional condition of the spouse seeking maintenance,
	The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance,
	The conduct of the parties during the marriage; and
	Any other relevant factors. All alimony (maintenance) orders will state whether they are modifiable or non modifiable.

The obligation to pay alimony and maintenance ceases upon the remarriage of the obligee spouse, without the necessity of further court action.

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Grounds For Divorce

Specific Missouri divorce laws allow that irretrievable breakdown of the marriage with no reasonable likelihood that the marriage can be preserved be the only grounds for divorce. A court decree dissolving the marriage will be issued if:

	One of the parties has been a resident of this state, or is a member of the armed services who has been stationed in this state, for ninety days immediately preceding the filing and that thirty days have elapsed since the filing of the petition;
	There remains no reasonable likelihood that the marriage can be preserved and that therefore the marriage is irretrievably broken; and,
	The court has considered and made provision for child custody, the support of each child, and the maintenance of either spouse and the disposition of property. No provision for marital misconduct (such as adultery) appears in state divorce laws.

Marriage Annulment
Marital Annulment

Missouri annulment laws define marriage annulment as a decree passed for a marriage which is void or a marriage which never was. One must petition the court in the same way one would for divorce or separation, except that an annulment carries a greater burden of proof. You must cite an acceptable ground for annulment, and provide evidence to the court. Acceptable grounds for annulment (sometimes referred to as a marital annulment) in Missouri are:

Duress- compelling someone to get married under violence or threat,
Mental Illness- annulment laws in Missouri allow you to file for annulment if your spouse is mentally incapacitated,
Improper consent- person was not of a right mind to agree to marry,
Underage Marriage- one of the parties was under the age of 15,
Impotency- unable to consummate the marriage,
Same-sex marriage, and  
Bigamy- one party was married when they entered your marriage.   

Mediation
Marriage Counseling

If you file for a separation or divorce, the court will order all parties to attend educational sessions. In cases involving custody or visitation issues, the court may order the parties to the action to participate in an alternative dispute resolution program, otherwise known as mediation. Marriage counseling is not ordered as a rule but should be considered carefully.     

Marriage Separation
Legal Separation
Marital Separation

Getting a legal separation in Missouri, like other states, requires that you petition the court, and provide "grounds" for the separation. The legal separation (sometimes referred to as a marital separation or divorce separation) sets apart issues like financial matters, property and debts, custody, visitation, and support, and these issues get resolved in writing in a legal binding agreement. A legal separation does legally separate two lives,and allows for the parties to conduct themselves severally from the other in all matters except what is allowed for in the separation agreement (joint finances, joint property, custody and support of children). A legal separation is often sought by one of the parties that wants to terminate the relationship but wishes that the marital status not be interrupted for religious or health care insurance coverage reasons.   

Waiting Period

Missouri divorce laws require that a waiting period of 30 days for those wishing to apply for a new marriage license. No other waiting period [except as stated here] exists.  

Grandparents Rights

Grandparents may apply, and be granted visitation of the child and issue any necessary orders to enforce the decree. Such rights are conferred by Federal law. The court may grant grandparent visitation when:

	The parents of the child have filed for a dissolution of their marriage,
	One parent of the child is deceased and the surviving parent denies reasonable visitation to a parent of the deceased parent of the child; or
	The child has resided in the grandparent's home for at least six months within the twenty-four month period immediately preceding the filing of the petition; and
	A grandparent is unreasonably denied visitation with the child for a period exceeding ninety days. However, if the natural parents are legally married to each other and are living together with the child, a grandparent may not file for visitation.

The court will determine if the visitation by the grandparent would be in the child's best interest or if it would endanger the child's physical health or impair the child's emotional development. Visitation may only be ordered when the court finds such visitation to be in the best interests of the child.       

Divorce Settlement
Distribution of Assets

Parties to a divorce, separation pr annulment have the opportunity to agree to a divorce settlement of marital assets and liabilities and present that settlement agreement to the court. If there can be no agreement, the court will make the division. Non marital property will be set aside by the court, and marital property and marital debts divided, considering any of the following:

	The economic circumstances of each spouse at the time the division of property,
	The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;
	The value of the non marital property set apart to each spouse;
	The conduct of the parties during the marriage; and
	Custodial arrangements for minor children.

Property excluded from the pool of divisible marital assets include:

	Property acquired by gift, bequest, devise, or descent
	Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent
	Property acquired by a spouse after a decree of legal separation
	Property excluded by valid written agreement of the parties
	The increase in value of property acquired prior to the marriage or pursuant to subdivisions (1) to (4) of this subsection, unless marital assets including labor, have contributed to such increases and then only to the extent of such contributions

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage and whether or not it will be part of a divorce settlement? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the  house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.   

Residency Requirements

Missouri divorce laws specify that if the court finds that one of the parties has been a resident of Missouri, or is a member of the armed services who has been stationed in this state, for ninety days immediately preceding the filing and that thirty days have elapsed since the filing of the petition, a decree of divorce may be issued.