Understanding the stages of the divorce proceedings in Missouri is important for those considering divorce. Divorce is a complex legal process with far-reaching consequences for individuals and families. Navigating the legal system can seem overwhelming, but understanding the general stages of the divorce process in Missouri can help you prepare and make informed decisions. While this blog provides general information, consulting with an experienced family law attorney for advice and guidance tailored to your situation is essential.
Phases In Divorce Proceedings
Stage 1: Filing the Petition for Dissolution of Marriage
The first step in the divorce process is initiating the legal proceedings. This involves filing a Petition for Dissolution of Marriage with the appropriate Missouri circuit court. The petition outlines the grounds for getting the divorce, which in Missouri typically include:
- Irreconcilable differences: This is the most common ground for divorce in Missouri, requiring a declaration that the marriage is irretrievably broken.
- Incompatibility: Similar to irreconcilable differences, this ground focuses on the inability of the spouses to maintain a successful marital relationship.
- Adultery: While less common, adultery can be grounds for divorce in Missouri.
- Desertion: If one spouse abandons the marital home without consent for at least one year.
- Confinement in a mental institution: If one spouse has been confined to a mental institution for at least two years.
- Felony conviction: In cases where one spouse is convicted of a felony.
The petition should also include information about the parties involved, including names, addresses, and the date of marriage.
Stage 2: Service of Process
Once the petition is filed, the court issues a summons, which must be served on the other spouse. This document informs the respondent that a divorce has been initiated and provides them with the opportunity to respond. Service can typically be performed by a sheriff, a private process server, or certified mail.
Stage 3: The Discovery Process
The discovery phase involves gathering information about the parties' assets, debts, income, and other relevant matters. This process is essential for reaching a fair and equitable settlement. Standard discovery methods include:
- Interrogatories: Written questions that must be answered under oath.
- Requests for Production of Documents: Requests for financial records, tax returns, property deeds, and other relevant documents.
- Depositions: Oral examinations under oath, typically conducted by attorneys.
- Electronic Discovery: The exchange of electronic documents, such as emails, text messages, and financial data.
The goal of discovery is to uncover all relevant information necessary to reach a settlement or prepare for trial.
Stage 4: Property Division & Spousal Support
Property division and spousal support are often the most contentious issues in a divorce. Missouri is an equitable distribution state. This means marital property is divided fairly but not necessarily equally. Factors considered in property division include:
- The length of the marriage
- The earning capacity of each spouse
- The contribution of each spouse to the marriage
- The value of the marital estate
- The economic circumstances of each spouse
Spousal support, or alimony, is awarded to one spouse to maintain a standard of living comparable to the marriage. Factors considered in determining spousal support include:
- The length of the marriage
- The earning capacity of each spouse
- The standard of living established during the marriage
- The age and health of the parties
Stage 5: Child Custody & Support
If there are children involved, determining child custody and child support arrangements is a crucial step. Missouri courts prioritize the best interests of the child when making these decisions. Factors considered include:
- The age and needs of the child
- The wishes of the child (if mature enough)
- The relationship between the child and each parent
- The stability and consistency of each parent's home environment
- The ability of each parent to provide for the child's physical, emotional, and educational needs
Child support is calculated based on Missouri state guidelines and the income of both parents.
Stage 6: Temporary Orders
Until the divorce is final, the court can issue temporary orders related to child custody, child support, spousal support, and possession of the marital home. These orders can be modified as needed throughout the process.
Stage 7: Mediation & Settlement Negotiations
Many divorces are resolved through mediation or negotiation instead of going to trial. Mediation involves a neutral third party who aims to help the spouses reach an agreement. Settlement negotiations can occur directly between the parties or through their attorneys.
Stage 8: Trial (if Necessary)
If the parties cannot reach an agreement on property division, child custody, or spousal support, the case may proceed to trial. The court will hear evidence and make decisions on these matters.
Stage 9: Judgment & Decree of Dissolution
The final stage of the divorce process is the issuance of the Judgment and Decree of Dissolution of Marriage. This document outlines the court's decisions on all matters related to the divorce, including property division, child custody, child support, and spousal support.
Post-Divorce Matters
After the divorce is finalized, ongoing issues may require attention. These may include:
- Modifications to child custody or support orders: Changes in circumstances may necessitate modifications to these orders.
- Enforcement of the divorce decree: If one spouse fails to comply with the terms of the divorce, the other spouse may need to seek enforcement.
- Post-divorce counseling: Dealing with the emotional and psychological aspects of divorce may require professional help.
Additional Considerations
- Contested vs. Uncontested Divorce: The length and complexity of the divorce process vary greatly depending on whether the parties are able to reach agreements on key issues. Uncontested divorces are typically shorter and less stressful.
- Mediation and Arbitration: These two alternative dispute resolution methods help parties reach agreements outside of court, often saving time and money.
- Post-Divorce Matters: Issues such as modifications to child custody support orders or enforcement of the divorce decree may arise after the divorce is finalized.
The divorce process can be challenging, but understanding the phases in divorce involved can help you prepare and make informed decisions. Consulting with an experienced divorce attorney is vital to uphold your rights and interests during the divorce process.
Trust Lecour Family Law
Are you facing legal issues related to adoption, child support, divorce, child custody, or paternity in St. Charles, Missouri, and surrounding areas? Look no further than Lecour Family Law. Our experienced team of family law attorneys is dedicated to providing you with the representation you deserve. We understand the stress and emotional turmoil that can come with family law issues, which is why we work tirelessly to ensure your rights are protected and your needs are met. Don't face these challenges on your own – let us help! Contact us today at (636) 685-0440 to schedule a consultation and see how we can assist you.