What are the reasons why Missouri law bars certain divorces?

Missouri allows for no-fault divorce, meaning that one spouse does not need to prove the other was at fault for the marriage’s breakdown.

Instead, simply stating that the marriage is irretrievably broken suffices.

Despite the no-fault option, fault can influence custody arrangements and property division in Missouri.

This means that if one spouse has committed marital misconduct, it may impact what they receive in a settlement.

Under Missouri law, divorce proceedings cannot be initiated until at least 90 days have passed since the filing of a petition.

This waiting period is designed to allow couples time for reconciliation.

Missouri's family courts operate under the presumption that a child born to a married woman is the legal child of her husband.

This can complicate custody and support issues if paternity is disputed.

The law in Missouri mandates that both parties must disclose their financial information during divorce proceedings, including income, expenses, and assets.

This is crucial for equitable distribution of property and determining support.

Missouri courts may require a couple to attend mediation before finalizing a divorce, especially if minor children are involved.

The goal of mediation is to encourage amicable agreements on parenting plans and financial settlements.

If one spouse is unable to pay the filing fees for divorce, Missouri law allows for a fee waiver to be requested based on financial hardship.

This ensures access to the legal system regardless of economic status.

Missouri recognizes legal separation as an alternative to divorce.

Couples can live apart and have court orders for maintenance and child support without officially terminating the marriage.

A unique aspect of Missouri divorce law is the concept of "maintenance." This is akin to alimony and may be awarded to a spouse who is unable to support themselves post-divorce, depending on various factors.

The state has specific waiting periods for divorce based on the length of the marriage.

For marriages lasting longer than 20 years, the court may award longer maintenance periods.

Child custody decisions in Missouri are made based on the best interests of the child, and courts often consider factors such as each parent's living situation, stability, and involvement in the child's life.

Missouri law prohibits divorces from being finalized if one spouse is actively deployed in military service, reflecting the federal Servicemembers Civil Relief Act that protects military members during their service.

If domestic violence is involved, Missouri law allows for expedited divorce proceedings to protect the victim and their children.

This prioritization helps ensure safety amidst the legal process.

The standard of living during the marriage is a factor considered by Missouri courts when determining spousal support.

This aims to enable the lower-earning spouse to maintain a lifestyle similar to what they had during the marriage.

Missouri courts utilize a formula for calculating child support payments, which takes into account both parents' incomes and the number of children involved, creating a standardized approach to support obligations.

In Missouri, if a divorce is contested, it may take significantly longer to finalize due to the additional legal battles over assets, custody, and support, potentially extending the emotional strain on both parties.

There's a legal requirement for residency in Missouri prior to filing for divorce.

At least one spouse must be a resident of the state for 90 days to ensure jurisdiction over the case.

Missouri divorce laws are subject to changes due to legislative updates.

Keeping abreast of recent changes is vital for individuals navigating the divorce process to ensure compliance and protect their rights.

Missouri courts may require a parenting class for divorcing couples with children, aiming to educate them on the impacts of divorce on children and promoting cooperative parenting strategies.

The process for dividing marital property in Missouri follows the principle of "equitable distribution," meaning that property will be divided fairly but not necessarily equally, based on various factors including the length of the marriage and each spouse's contributions.