Diligent Missouri Divorce Representation
Ending a marriage is not only emotionally challenging but also legally complex as well. There are many factors involved, especially when there are children and a variety of assets involved. Having an empathetic but strategic Missouri divorce attorney on your side is essential for this process.
Divorce in Missouri involves several steps, starting with filing and serving the petition for dissolution of marriage, discovery, dividing assets, custody decisions and parenting plans, litigation when necessary and the judgment of dissolution. Family law attorney Ed Butler, at Butler Law Group LLC, will navigate your progress through the process and strongly advocate for your best agreement or litigated result.
We can also assist in securing a legal separation if your situation would benefit from that result.
What Information Do You Need To Provide To File For A Divorce In Missouri?
There are many different documents you’ll need to gather before filing for divorce. It is a complex process, and the more information you have beforehand, the better.
Some of the information you should gather includes:
- Pre- or postnuptial agreements
- Income-related documents (pay stubs, tax returns, account information)
- A list of all your property (including jewelry, artwork, furniture, appliances, digital assets, etc.)
- Bank information and credit card statements
- Documents related to debt, mortgages or loans
- Retirement or pension plan information
- Custody documentation, if you have it
These are just a few documents/pieces of information that can be helpful to provide to your attorney before filing for divorce.
St. Louis County Car Accident FAQ
Questions about what to expect in your divorce? We strive to answer all our clients’ questions. Here are some general answers to frequently asked questions about divorce in Missouri.
What does it mean that Missouri is a no-fault divorce state?
There was a time when a married person in Missouri seeking a divorce had to prove that their spouse committed one of several acts, such as abandonment or infidelity, before the court would grant the divorce. But decades ago, Missouri and virtually every other state moved to no-fault divorce. Under this rule, you do not have to prove that your spouse is at fault for the breakdown of your marriage. All you have to claim is that the marriage relationship is irretrievably broken and there is no reasonable chance of saving it. This makes divorce much easier.
What are the residency requirements for a Missouri divorce?
The law requires that you or your spouse have lived in Missouri for at least 90 days before the divorce filing.
What is the process for divorce in Missouri?
A divorce officially begins when one of the spouses files a written petition with their local family law court. This petition must contain certain information and a request for dissolution of marriage, property division, child custody and child support if the couple has minor children together. The filing spouse is called the “petitioner” in court documents for the rest of the proceedings.
Along with filing the petition in court, the petitioner must properly serve the papers to their spouse. Service of process must be done according to specific rules, or the spouse could argue they were not properly notified of the divorce action. This could force the petitioner to serve their spouse again or even lead to getting the petition dismissed. Once the recipient is properly served, they have 30 days to file an answer responding to the petition’s requests.
After that, state law requires a 30-day waiting period before your divorce can be finalized. However, most cases take longer than that to resolve matters like property division, alimony and child custody.
What is mediation, and should I consider it?
Mediation is a form of alternative dispute resolution that is a popular, less formal and cost-effective way of settling legal conflicts like divorce. It works by having the spouses agree on a mediator, who is a neutral third party who typically is highly experienced in Missouri family law, such as a divorce attorney or retired judge. Their job during mediation meetings is to facilitate negotiation between the spouses and work toward settling some or all outstanding matters. Any agreements that come from mediation are submitted to the court and become part of the divorce decree.
Though mediation is not the same as a traditional negotiation session or court hearing, there is a lot at stake. You and your attorney can work together to clarify what is most important to you and prepare to make those priorities a reality.
Get In Contact With Our St. Louis County Divorce Lawyer
This process is complicated, and having someone on your side is essential. Contact our experienced, compassionate divorce attorney today. We are experienced and well-known for obtaining favorable results.
Get in touch with us today to set up an initial consultation. Use our online contact form or call 314-208-0318.