The Saint Louis, Missouri law firm of Ricci - Law - Group presents an overview of
divorce law in Missouri covering divorce and legal separation.
Who Can Divorce
Divorce is called “a dissolution of marriage” in Missouri. In Missouri, common law marriage is not recognized. You have to be legally married to file for marital dissolution. Marriages legally solemnized in other states and countries are recognized in Missouri as valid, but the following are not considered valid marriages in Missouri:
A person who has another spouse
Persons who are close relatives to each other within a certain degree
Persons of the same sex
Residency Requirements
You can file for a divorce in Missouri if your spouse or you currently reside in Missouri, and at least one of you have been a legal resident of Missouri for more than 90 days before filing a petition for divorce in a Missouri court.
Types of Divorces
Missouri is a modified no fault state when it comes to requiring grounds for a divorce. This simply means you can seek and obtain a divorce if both parties state under oath that the marriage is irretrievably broken; or if one of the parties states under oath that the marriage is irretrievably broken and the other party does not deny it. If, however, one of the parties denies that the marriage is irretrievably broken, then in order for the court to dissolve the marriage, it must first have a hearing and make a finding after considering a number of factors that the marriage is indeed irretrievably broken. Those factors are set out in Missouri statute and include the court finding the respondent [or party responding to the divorce petition filed by the spouse] committed adultery and petitioner [or the party filing the initial divorce petition to start the divorce action] finds it intolerable to live with respondent; that respondent behaved in such a way that petitioner cannot reasonably be expected to live with respondent; that respondent the abandoned petitioner for a continuous length of time; that the parties have continuously lived separate and apart for defined time periods by mutual consent or otherwise.
Division of Assets
Under Missouri law, all property to be divided by the court is divided “equitably” and not necessarily “equally.” Generally, all property acquired by the parties during the marriage, including wages and pensions, is marital property and is subject to the court’s division. Before the court divides marital property, it will first set out to each party her/his separate property. Generally, separate property is defined as property a party acquires by inheritance or by gift; property a party brings into the marriage and keeps separate; and property the parties have agreed by a valid written agreement [like a prenuptial agreement] to keep separate. After the court sets out to each party her/his separate property, it then divides the marital property and debt. Before it makes its division, the court considers a number of factors including the economic circumstances of each party; the contributions of each party to the marital estate; the value of the separate property set out to each party; the conduct of the parties during the marriage.
Child Custody
Missouri courts determine child custody arrangements in accordance with the “best interests” of the children, or the “best interests” standard. In analyzing best interests, the court must consider all relevant factors including the wishes of the parents, the needs of the children including their need for frequent, continuing and meaningful relationships with both parents; the abilities of the parents to parent and to co-parent; the assessment of which parent is more likely to foster a loving, continuous and meaningful relationship between the children and the other parent; the children’s adjustments to home, school, community; the mental / physical health of all involved including assessments relating to mental, physical, or substance abuse or to domestic violence.
The court considers the following custody arrangement:
Joint legal and joint physical custody to both parents
Joint legal custody to both parents and sole physical custody to one parent with visitation to the other parent
Sole legal custody to a parent and joint physical custody to both parents
Sole custody [legal and physical] to either parent with visitation to the other parent
Third party custody or visitation
Child Support
Missouri requires both parents to support their children, even after a divorce. The amount of child support ordered by the court depends upon factors including each parent's income and financial resources, the children’s financial needs and resources; the children’s standard of living had the marriage not been dissolved; the physical, emotional, and educational needs of the children; the custody arrangements for the children; each parent’s reasonable work related child care expenses; and costs for medical insurance coverage for the children. Additionally, the court may make orders for payment of the children’s college or vocational school expenses.
Parents’ obligations to support their children will continue until the child: dies; marries; enters active military service; becomes self supporting and the custodial parent has relinquished parental control; reaches age 18 unless it is determined the child is physically or mentally unable to support her/himself or unless the child is enrolled in school and complies with the requirements of Missouri statute for continued support while in school; reaches age 21.
Length of time
In Missouri, the court may not enter any judgment of dissolution of marriage or of legal separation until thirty days have elapsed since the petition for dissolution or legal separation was filed with the court.
Further, the court must also find that one of the parties to the action has been a resident of Missouri for at least 90 days before the petition for divorce or legal separation was filed with the court.
Please contact us if you have any questions about divorce - we are available to speak to you.
Please consult our experienced personnel at Ricci – Law – Group for legal help by calling 314-647-1200 today.