Divorce is a difficult and emotional process for everyone involved. If you are considering divorce, it is important to understand the legal and practical implications of this decision. This blog article will provide you with a general overview of divorce in St. Louis, Missouri.
What Are the Grounds for Divorce in Missouri?
There are two grounds for divorce in Missouri: no-fault divorce and fault divorce.
- No-fault divorce: No-fault divorce means that neither spouse is required to prove that the other spouse is at fault for the marriage breakdown. To obtain a no-fault divorce, the couple must live separate and apart for at least 180 days without cohabitation.
- Fault divorce: Fault divorce means that one spouse must prove that the other spouse is at fault for the breakdown of the marriage. Some common grounds for fault divorce include adultery, abuse, and abandonment.
What Are the Steps Involved in a Divorce in Missouri?
The steps involved in a divorce in Missouri vary depending on whether you are filing for a no-fault divorce or a fault divorce. However, some general steps involved in any divorce include:
- Filing a divorce petition: The first step in any divorce is to file a petition for divorce with the court. The divorce petition must include basic information about the couple, such as their names, addresses, and dates of birth.
- Serving the other spouse with the divorce petition: Once the divorce petition has been filed, the petitioner must serve the other spouse with a copy of the petition. This can be done by personal service, certified mail, or publication.
- Responding to the petition for divorce: The other spouse has a certain amount of time to respond to the petition for divorce. If the other spouse does not respond, the petitioner may be able to obtain a default judgment.
- Negotiating a settlement agreement: If both spouses can agree on the terms of their divorce, they can create a settlement agreement. The settlement agreement will address all of the issues related to the divorce, such as child custody, child support, alimony, and property division.
- Going to trial: If the spouses are unable to reach a settlement agreement, they will need to go to trial. At trial, the judge will decide all of the issues related to the divorce.
What Are the Common Issues That Arise in a Divorce?
Some of the most common issues that arise in a divorce include:
- Child custody: Child custody refers to the legal right to make decisions about the care and upbringing of a child. There are two types of child custody: physical custody and legal custody. Physical custody refers to the right to have a child live with you. Legal custody refers to the right to make decisions about a child’s education, healthcare, and religious upbringing.
- Child support: Child support is a financial payment that one parent makes to the other parent to help support their child. The amount of child support is calculated based on several factors, including the income of both parents and the needs of the child.
- Alimony: Alimony is a financial payment that one spouse makes to the other spouse after a divorce. Alimony is intended to help the less financially secure spouse maintain a standard of living that is similar to the standard of living that they enjoyed during the marriage.
- Property division: Property division involves dividing the marital assets and liabilities between the two spouses. Marital assets include all of the property that was acquired during the marriage, regardless of who purchased it. Marital liabilities include all the debts incurred during the marriage, regardless of who incurred them.
How Can a Divorce Lawyer Help Me?
A divorce lawyer can help you with all aspects of your divorce, from filing the petition for divorce to negotiating a settlement agreement to going to trial. A divorce lawyer can also explain your legal rights and options to you and help you protect your interests throughout the divorce process.
St. Louis Divorce and Mediation is a family law firm that specializes in divorce and mediation. We have experienced divorce lawyers who can help you with all aspects of your divorce. We understand that divorce is a difficult process, and we are here to help you through it.
If you are considering divorce, please contact St. Louis Divorce and Mediation today for a free consultation. We will answer your questions and help you understand your legal rights and options.
Additional Tips for Getting Through a Divorce:
- Educate yourself about the divorce process. The more you know about the divorce process, the better prepared you will be to make informed decisions about your future. There are many resources available online and in libraries that can provide you with information about divorce law and the legal process involved. For a comprehensive look at the divorce process, download our free guide to divorce in Missouri.
- Hire an experienced divorce lawyer. A divorce lawyer can help you protect your interests and guide you through the divorce process. A good divorce lawyer will be able to explain your legal rights and options to you, negotiate on your behalf, and represent you in court if necessary.
- Build a support system. Going through a divorce can be a very lonely experience. It is important to have a support system of friends and family members who can be there for you during this difficult time. Talk to your friends and family about what you are going through, and let them know how they can help you.
- Take care of yourself. It is important to take care of yourself physically and emotionally during a divorce. Eat healthy foods, get enough sleep, and exercise regularly. It is also important to find healthy ways to cope with stress, such as yoga, meditation, or spending time in nature.
- Allow yourself to grieve. Divorce is a major life loss, and it is important to allow yourself to grieve the loss of your marriage. Don’t try to bottle up your emotions or pretend that you are okay when you are not. Give yourself time to cry, to feel angry, and to feel sad.
Tips for Co-parenting After Divorce:
- Put your children first. It is important to remember that your children are the most important people in your life. Always put their needs first, even if it means putting your own needs aside.
- Communicate with your ex-spouse. It is important to communicate with your ex-spouse about your children’s needs. This may be difficult, but it is essential for the sake of your children.
- Be flexible and cooperative. Things may not always go according to plan, so it is important to be flexible and cooperative with your ex-spouse. Be willing to compromise and make changes as needed.
- Avoid conflict in front of your children. It is important to avoid conflict in front of your children. This can be not easy, but it is important to remember that your children are watching and learning from you.
- Don’t talk negatively about your ex-spouse to your children. It is important to avoid talking negatively about your ex-spouse to your children. This can damage your children’s relationship with their other parents.
Conclusion
Divorce is a difficult and emotional process, but it is important to remember that you are not alone. There are many resources available to help you through this difficult time. If you are considering divorce, please contact an experienced divorce lawyer to discuss your legal rights and options.
If you are considering divorce, please contact St. Louis Divorce and Mediation today for a free consultation. We will answer your questions and help you understand your legal rights and options.
Schedule a free consultation today!
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