divorce Lawyers in ST. JOSEPH, mo

What are the Requirements for Divorce in Missouri?

To be eligible to file for divorce in Missouri, the couple must meet the minimum residency requirements:

• Either spouse has lived in Missouri for at least 90 days before filing.
• The petition for dissolution (divorce) is filed in the county where either spouse resides.

Recall that Missouri is a no-fault divorce state, so the petitioning spouse does not need to prove one partner was at fault for the breakdown of the marriage; they merely need to state that the marriage is “irretrievably broken” in a way that reconciliation is impossible.

MO Divorce Timeline

The timelines for divorce vary on a case-by-case basis. Couples with children or significant assets might face lengthier or more complex processes, while couples who mutually agree to separate and are on amicable terms might reach an agreement for divorce sooner. Reach out to our divorce lawyers at Kranitz, Sadoun & Carpenter for more information about how to navigate your particular divorce process.

Child Custody Issues

There are several disputes you will need to resolve in a divorce, one of which is child custody if you and your divorcing spouse have children together. Missouri parents may receive two types of custody – physical and legal. 

• Physical custody - refers to with whom the child will reside, and 
• Legal custody - refers to the decision-making power for legal matters like where the child will attend school and what medical care they should receive. 

How Will the Judge Determine Custody?

Parents can either share joint custody, or the court may award custody solely to one parent. Parents can decide on their own custody arrangement with the help of their attorneys. If they cannot agree, however, they must proceed to court, where the judge will make the decision based on the best interests of the child, including:

1. Each parent's wishes for custody;
2. The child's need for a meaningful relationship with both parents;
3. Each parent's ability and willingness to perform their functions as parent for the child's needs;
4. The child's interaction and relationship with parents, siblings, and anyone else who affects the child's best interest;
5. Which parent is more likely to allow the child frequent, continuing, and meaningful contact with the other parent;
6. The child's adjustment to home, school, and community;
7. The mental and physical health of all individuals involved;
8. Either parent's history of domestic violence;
9. Either parent's plans to relocate the child; and
10. The child's wishes for custody if they are of mature age.

Property and Asset Division

Another divorce dispute you will need to resolve in separation is property division. Missouri divorce courts divide property based on equitable distribution, not a community property (50/50) approach. This means the marital property will be divided equitably or fairly, not necessarily strictly equally.

When making decisions about property division, a judge will take certain factors into consideration, including:

• each spouse's economic circumstances;
• the contribution of each spouse to the acquisition of property;
• the value of each person's nonmarital property;
• the conduct of the parties; and
• where the children will live (e.g., oftentimes the spouse who is the custodial parent will get the marital home).

Note that only marital property may be divided in a divorce; separate property acquired before the marriage by one spouse or inherited by or gifted exclusively to one spouse may not be divided. Some examples of marital property include the marital home, shared bank accounts, joint investments, and furniture and art collections. Do you need modifications? We can help with that too.

As with most other divorce disputes, spouses may reach an agreement with each other on their own without having to go to court, or they will proceed to litigation if they cannot agree. An experienced divorce lawyer at Kranitz, Sadoun & Carpenter can better help you and your partner reach an “out-of-court” property agreement if you do not have many contentious assets or are able to cooperate in negotiation, or we can represent your property interests in court.

What Our Missouri Divorce Attorneys Can We Help With?

We regularly assist clients with divorce matters like:

• Property division and real estate matters
• Custody and parenting time issues
• Business valuation and income determination
• Spousal maintenance and support
• Child support and expenses
• Enforcement of prenuptial/postnuptial agreements

Your divorce may be straightforward, or it may involve many complexities. Regardless, we are able to assist you in developing the right approach to resolve your case as positively as possible. Our goal is to alleviate some of your stress by managing your case from beginning to end.

Whether you are in the process of filing for divorce or resolving your divorce disputes, contact Kranitz, Sadoun & Carpenter for legal support.