Ending a marriage is a big decision that will affect your life for a long time. Before filing for divorce, you should evaluate several key factors to determine if you are ready. Divorce changes your financial situation, your time with your children and your daily life.
Starting any divorce can be hard on your emotions and your wallet. In Missouri, state laws make it vital to think carefully before you file. Here is what you need to know about Missouri divorces.
Residency and requirements
In Missouri, at least one spouse must satisfy the state’s residency requirement before filing for divorce. Without establishing residency, Missouri courts cannot grant your divorce.
Under Mo. Rev. Stat. § 452.305(1), a court will grant a divorce if four conditions are met. These are the requirements for a dissolution of marriage:
- Residency: One spouse resided in Missouri (or served as an armed forces member stationed in the state) for at least 90 days before filing.
- Waiting period: You wait at least 30 days after filing before the court enters a final judgment.
- Irretrievable breakdown: The court finds the marriage is “irretrievably broken” with no reasonable likelihood of preservation.
- Jurisdiction: The court has considered or ruled upon custody, support and property division to the extent of its jurisdiction.
It is crucial to understand the timeline and requirements necessary before filing for divorce. Carefully evaluate your situation before initiating the process.
Grounds for divorce
Missouri is a modified no-fault divorce state. The only grounds required to dissolve a Missouri marriage are proof that it is “irretrievably broken.” However, if one spouse denies the broken marriage, the judge may pause and need further evidence.
You must prove one of these conditions happened in your divorce if your spouse denies that the marriage is irretrievably broken:
- Adultery: Your spouse committed adultery, and you cannot reasonably tolerate continuing to live with them.
- Unreasonable behavior: Your spouse exhibited conduct that makes it unreasonable to expect you to live together.
- Abandonment: Your spouse abandoned you for a continuous period of at least six months before filing.
- Mutual separation: You and your spouse lived separate and apart by mutual consent for a continuous period of at least 12 months.
- Non-mutual separation: You and your spouse lived separate and apart for a continuous period of at least 24 months without mutual agreement.
Your behavior during the marriage might impact the final judgment. Missouri is a state where misconduct is one of the factors a judge evaluates during a divorce hearing.
Property laws and financial impact
Missouri follows the rule of equitable distribution. Before dividing assets, the court first sets aside each spouse’s separate property. The court then sorts your marital assets and debts according to what it deems “fair,” which is not always a 50/50 split.
The financial impact of divorce does not stop at property division. You must also account for the legal and court costs of marriage dissolution. If you have complex assets, you may need to hire a professional. Of course, competent legal counsel is an investment that can help divorce proceedings go more smoothly.