Divorce Guide to Missouri
Divorce Guide to Missouri
A woman's guide to getting a divorce in Missouri
MISSOURI DIVORCE LAWS:
The Residency Requirement: One of the spouses must have been a resident for 90 days.
Grounds: That both spouses believe there has been an irretrievable breakdown of the marriage, or one spouse believes it, and the other does not deny it.
If one spouse disputes it, the other spouse must show:
- Adultery
- Six months’ abandonment
- Incompatibility (behavior that makes it unreasonable to live together)
- That they have been living apart by mutual consent for one year
- That they have been living separate and apart for two years.
Property Division: Missouri is an equitable-distribution, dual-classification state. That means property is classified as either separate or marital; separate property must go to the property owner, while marital property is divided between the parties “equitably.” Equitable means fairly, based on how the parties acquired and treated the property during the marriage; it does not mean equally (click the following for an expert's overview and key tips on dividing up property and assets through divorce).
Alimony: The court may award maintenance to either party, for any length of time, based on 10 factors, including the length of the marriage, the obligations and assets of each spouse, and the spouse’s conduct during the marriage.
Child custody and support: As in every state, the court determines custody based on “the best interests of the child.” In Missouri, the court is required to consider 10 factors, including the intention of either parent to relocate, and which parent is more likely to allow the child “frequent, continuing, and meaningful contact with the other parent.” Joint custody is encouraged (click the following for an overview and list of articles on child custody and child support).
Missouri child-support guidelines are based on an income-shares model: the total obligation is divided between the mother and father according to their incomes.
There are many factors that go into the formula, including tax credits, adjustments for the time the child spends with each parent, health insurance, support for other children, and child care.
To help you figure child support in your case in Missouri, you can go to: http://www.courts.mo.gov/sup/index.nsf/d45a7635d4bfdb8f8625662000632638/...
Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.
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