Missouri divorce laws
Child Support
 In
filings involving divorce, legal separation
or child support, Missouri divorce laws mandate
that courts have the latitude 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:
a.) The financial needs and resources of the
child, b.) The standard of living the child
would have enjoyed had the marriage 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 reasonable expenses associated with
the custody or visitation arrangements; and
e.) The reasonable work-related child care
expenses of each parent.
| Divorce Myth: Following divorce, the children involved are better off in step families than in single-parent families. Reality: The evidence suggests that step families are no improvement over single-parent families, even though typically income levels are higher and there is a father figure in the home. Step families tend to have their own set of problems, including interpersonal conflicts with new parent figures and a very high risk of family breakup. |
Residency 
Missouri divorce laws specifies 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.
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, 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 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.
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.
| Divorce Myth: Following divorce, the woman’s standard of living plummets by seventy three percent while that of the man’s improves by forty two percent. Reality: This dramatic inequity, one of the most widely publicized statistics from the social sciences, was later found to be based on a faulty calculation. A reanalysis of the data determined that the woman’s loss was twenty seven percent while the man’s gain was ten percent. Irrespective of the magnitude of the differences, the gender gap is real and seems not to have narrowed much in recent decades. |
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 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 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.
Mediation
In petitions for dissolution of marriage or
legal separation and the custody or visitation of a minor child is involved,
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.
| Divorce Myth: Being very unhappy at certain points in a marriage is a good sign that the marriage will eventually end in divorce. Reality: All marriages have their ups and downs. Recent research using a large national sample found that eighty six percent of people who were unhappily married in the late 1980s, and stayed with the marriage, indicated when interviewed five years later that they were happier. Indeed, three fifths of the formerly unhappily married couples rated their marriages as either “very happy” or “quite happy". |
Alimony
 The
court may grant alimony (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, 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,
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.
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.
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 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.
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.
Dividing
Assets
 Non
marital property will be set aside by the court, and marital property and
marital debts divided, considering any of the following: a.) 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 owning a house?
Concerned about the equity in that house that you brought into the marriage?
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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