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Divorce
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Child Support
 In filings involving
divorce, legal separation or child support, Missouri
divorce laws mandate that courts have the ability
to order either or both parents owing support
to a child of the marriage to pay reasonable amounts
for the support of the child. 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 are:
not been dissolved,
c.) The physical and emotional condition of the
child, and the child's educational needs, d.)
The child's physical and legal custody arrangements,
including the amount of time the child spends
with each parent and the
a.) The financial needs
and
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resources
of the child, b.) The standard of living the child
would have enjoyed had the marriage reasonable
expenses associated with the custody or visitation
arrangements; and e.) The reasonable work-related
child care expenses of each parent. Missouri
divorce statutes 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.
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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:
a.) The wishes of the child's parents as to child
custody and the proposed parenting plan submitted
by both parties; b.) 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;
c.) Relationships of the child with parents, siblings,
and any other person who may significantly affect
the child's best interests; d.) Which parent is
more likely to allow the child frequent, continuing
and meaningful contact with the other parent;
e.) The child's adjustment to the child's home,
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school,
and community; f.) The mental and physical health
of all individuals involved, including any history
of abuse of any individuals involved;
g.) The intention of either parent to relocate
the principal residence of the child; and h.)
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
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other
person or persons deemed by the court to be suitable
and able to provide an adequate and stable environment
for the child.
Missouri divorce laws
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.
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Visitation/Co-Parenting
During
the separation or divorce process, you are afforded
the opportunity to put together a visitation (parenting)
schedule 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 decreed custody defined? What are the rights
and responsibilities? Who has legal custody? Which
holiday does the child spend with you? What time
and where may
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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,
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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.
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Alimony/
Maintenance/ Spousal Support
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:
a.) Lacks sufficient property, including marital
property apportioned, to provide for reasonable
needs; and b.) 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,
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and
after considering all relevant factors including:
a.) The financial resources of the party seeking
maintenance, b.) The time necessary to acquire
sufficient education or training to enable the
party seeking maintenance to find appropriate
employment, c.) The comparative earning capacity
of each spouse, d.) The standard of living established
during the marriage, e.) The obligations and assets,
including the marital property apportioned to
him and the separate property of each party, f.)
The duration of the marriage, g.) The age, and
the physical and emotional condition of the spouse
seeking maintenance, h.) The ability of the spouse
from whom maintenance is sought to meet his needs
while meeting those of the spouse seeking maintenance,
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i.)
The conduct of the parties during the marriage;
and j.) Any other relevant factors. All alimony
(maintenance) orders will state whether they are
modifiable or non modifiable.
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Grounds
For Divorce
Specific Missouri divorce
statutes 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
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marriage
will be issued if: a.) 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; b.) There remains no
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reasonable
likelihood that the marriage can be preserved
and that therefore the marriage is irretrievably
broken; and c.) 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 Missouri divorce laws.
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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- Missouri annulment
laws allow you to file for annulment if your spouse
is mentally incapacitated, Improper consent- person
was not of a right
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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. |
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Marriage
Counseling/
Mediation
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.
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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
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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.
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Waiting
Period
Missouri divorce statutes
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.
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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:
a.) The parents of the child have filed for a
dissolution of their marriage, b.) One parent
of the child is deceased and the surviving parent
denies reasonable
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visitation
to a parent of the deceased parent of the child;
or c.) 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 d.)
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.
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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.
State
Fact Sheets for Grandparents and Other Relatives
Raising Children
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Divorce
Settlement
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: a.)
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The
economic circumstances of each spouse at the time
the division of property, b.) The contribution
of each spouse to the acquisition of the marital
property, including the contribution of a spouse
as homemaker;c.)
The value of the non marital property set apart
to each spouse; d.) The conduct of the parties
during the marriage; and e.) Custodial arrangements
for minor children.
Did you come into
this marriage
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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.
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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
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For a FREE email series on "The 10 Worst Mistakes
You Can Make In Your Divorce," go to www.HappilyDivorced.org
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