How to Start a Divorce in Missouri
Understanding the steps involved in starting a Missouri divorce can help make it more manageable. If you are considering ending your marriage, it is important to know the legal requirements and procedures. This guide will walk you through the process of starting a divorce in Missouri, from filing the initial paperwork to finalizing the dissolution of your marriage.
At Columbia Family Law Group, LLC, our experienced Missouri divorce attorneys help you file your case the right way and see it through to the end. We help families transition into the next stage of their lives through the filing of a divorce. We are here to help.
Eligibility Requirements
Before you can file for divorce in Missouri, you must meet certain eligibility requirements:
- Residency: Either you or your spouse must have lived in Missouri for at least 90 days before filing for divorce.
- Grounds for Divorce: Missouri is a no-fault divorce state, meaning you do not need to prove wrongdoing by your spouse. The most common ground for divorce is that the marriage is “irretrievably broken”.
Steps to Start a Divorce in Missouri
1. Prepare the Necessary Forms
The first step in starting a divorce is to prepare the necessary forms. The primary form you will need is the “Petition for Dissolution of Marriage.” These and many other forms are best prepared by your experienced divorce attorney.
2. File the Petition
Once you have completed the necessary forms, you must file the petition with the circuit court in the county where either you or your spouse resides. The petition must be verified, meaning you must swear to the truth of the facts in the petition and sign it under oath before a notary public.
3. Pay the Filing Fee
When you file your petition, you will need to pay a filing fee. The amount of the fee varies by county, so check with your local court for the specific amount.
4. Serve the Divorce Papers
After filing the petition, you must serve the divorce papers to your spouse. This can be done through a process server, sheriff’s office, or by certified mail. Your spouse will then have a certain amount of time to respond to the petition.
5. Attend Court Hearings
Depending on the complexity of your case, you may need to attend one or more court hearings. These hearings will address issues such as property division, child custody, and support.
6. Finalize the Divorce
Once all issues have been resolved, the court will issue a “Judgment of Dissolution of Marriage” (CAFC070). This document officially ends your marriage and outlines the terms of the divorce, including property division, child custody, and support arrangements. You will receive a certified copy of the judgment, which you should keep for your records.
Other Aspects of a Missouri Divorce
Legal Representation
While it is possible to represent yourself in a divorce, it is often beneficial to seek legal representation, especially if your case involves complex issues such as significant assets, debts, or child custody disputes. An experienced divorce attorney can help you navigate the legal process and protect your interests.
Mediation and Alternative Dispute Resolution
If you and your spouse are willing to work together to resolve your differences, consider mediation or alternative dispute resolution. These methods can help you reach a mutually agreeable settlement without the need for a lengthy court battle.
Post-Divorce Matters
After your divorce is finalized, you may need to address post-divorce matters such as updating your will, changing your name, and modifying custody or support arrangements if circumstances change. Stay informed about your rights and responsibilities to ensure a smooth transition to your new life.
Start Your Missouri Divorce the Right Way
A divorce is a complicated legal proceeding. The Missouri divorce attorneys at Columbia Family Law Group, LLC can help you start and finish the right way. Contact us today for a consultation of your case.