FAQ | MANLAWKC

Frequently Asked Questions

Q. How long will it take me to get divorced in Missouri?

A. As with most legal answers, it depends. If both spoused agree on everything, then the divorce is considered uncontested. Uncontested divorces can be wrapped up, signed, sealed and delivered within 60-90 days. On the other hand, when the details of the divorce are not agreed upon the divorce is considered contested. Contested divorces can last from 6 months to 2+years.

Other very important factors which can determine how long a Missouri divorce will take include which county the divorce “dissolution of marriage” is filed in, and who is the opposing party’s lawyer.

Q. Can I get an annulment in Missouri?

A. The short answer is, probably not. Missouri courts allow annulments in very limited circumstances.

Unlike a divorce which legally ends a marriage, an annulment declares a marriage legally invalid from its beginning, so because it was never valid, the marriage does not exist. Only satisfaction of one of the following factors will allow a court to grant an annulment in Missouri:

Duress: one party was coerced, blackmailed, or otherwise deceived into marrying.
Mental Incapacity: occurs when one party is mentally unable to make the decision to get married. Ie. Serious mental illness or intoxication.
Refusal or Inability to Consummate: ie. Impotence
Fraud: if one party lied about a fundamental issue affecting the marriage. Ie. Sexual orientation, age, ability to conceive.
Bigamy: when one party is already married.
Marriage between related persons.
Common law marriage.

Q. Where do I file for divorce?

A. In Missouri, the petition for dissolution is filed in any state in which one of the spouses has resided for at least 90 days prior to the filing. Within the state, the petition is filed with the county court in which the parent resides.

Q. How are the things the married couple owned divided in a divorce?

A. First, property is divided into marital property (that property acquired during the marriage), and non marital property (that property owned by each spouse prior to the marriage, or property inherited.)

Missouri is what is known as an equitable distribution state. In Missouri, marital property is divided equitably “fairly,” but not necessarily equally. Many factors contribute to what the court believes is an equitable split of assets, including each spouse’s financial position and who purchased and maintained the property.

Q. Do you need an attorney to get divorced?

A. Most likely you do. In the rare case where there are no children, a short marriage and little assets together, then yes both parties could probably get divorced without attorneys. However, in the majority of divorces, a party proceeding unrepresented will likely be at a significant disadvantage.

Q. Will I have to pay my spouse’s attorney’s fees?

A. In situations where the spouses have considerably unequal financial abilities to pay, it is possible one party will be required to pay the other spouse's attorney's fees. Also, if one party was unfaithful during the marriage and prior to separation, then some courts may order the offending party to pay the other party’s attorneys fees.

Q. Will I have to pay alimony?

A. In Missouri, alimony is legally referred to as maintenance. In situations where one party is unable to support themselves financially, a court may order maintenance for a limited period of time while that party acquires the ability to support themselves. Maintenance is also generally reserved for marriages of significant duration, usually longer than 10 years. In rare situations the maintenance will be permanent, such as when one spouse is disabled and unable to support themselves.

Q. How much child support will I have to pay?

A. In Missouri, child is calculated according to a specific formula based primarily on how much money each spouse earns, and the estimated needs of the child. The formula takes into consideration factors including each party’s income, child support or maintenance payments made my either spouse from previous relationships, the cost of medical care, child care expenses, and extracurricular activities.

Q. Do I need to have a reason to file for divorce?

A. No, because Missouri is considered a “no-fault” state. To be granted a divorce in Missouri, the filing party does not need to present evidence of misconduct or any other sort of reason for the divorce. One must only state the marriage is “irretrievably broken’ in order to proceed with a dissolution of marriage in Missouri.

Q. Who is assigned the debt from a marriage?

A. Similar to the distribution of assets in Missouri, debts are also divided equitably upon divorce. If the debt was acquired purely for one spouse and did not benefit the family, then a judge will likely stick the debt with the spouse who acquired the debt. Similarly, courts will often assign the mortgage on the marital home to the party who keeps the residence. If one spouse irresponsibly runs up debt either before or after the spouses are separated, the court will usually assign the debt to the party who incurred it.

Q. What is my ex is not following the divorce decree and/or the child custody agreement?

A. If one spouse habitually violates the terms of the divorce or child custody judgment, the other party has several options. First, they can file a motion for contempt of court, asking the court to hold the offending party in contempt for violating a court order. Contempt of court is a criminal offense which can be punishable by fine or even jail time. Another option for the “victim” spouse is to file a motion to modify the judgment. In order for a court to modify a divorce or child custody judgment, the petitioning party must provide evidence that there has been a “substantial and continuing change in the circumstances.” Basically a motion to modify is asking the court to alter the original agreement because things have changed so much that the original agreement is no longer fair, appropriate or in the best interests of the children.

Q. What if my spouse does not want to get a divorce?

A. Consent is not a requirement for divorce. If one spouse wants a divorce in Missouri, there is little to nothing the other spouse can do to prevent it.

Q. How is child custody decided in Missouri?

A. In Missouri, there are two types of custody, legal custody and physical custody. Legal custody refers to which parent makes the decisions regarding the child’s rearing. Physical custody refers to which parent the child resides with and spends time with. Legal and physical custody are further subdivided into joint and sole custody. Missouri courts prefer joint legal and joint physical custody because they believe it is in the best interests of the child to have a meaningful relationship with both parents. Of course there are a numerous reasons why a court may decide sole custody is in the best interests of the child.

Q. Are prenuptial agreements upheld by Missouri courts?

A. Prenuptial agreements will generally be upheld in Missouri if they meet specific requirements:

The agreement must be conscionable, this means fair and that both parties completely understood the terms when they signed the agreement.
Both parties to the agreement must have signed the document voluntarily without influence or pressure by the other party.
Both parties must completely disclose all of their assets as well as their liabilities to the other.

Q. Can one lawyer represent both of us in a divorce?

A. No, however some couples choose to proceed with a divorce using only one lawyer. This can be

an effective cost-saving strategy as long as all of the details of the divorce are agreed upon by both parties. If children or substantial assets are involved in the divorce, it is typically wise for both parties to be presented by an attorney.