Getting divorced can be one of the most emotionally devastating events of your life. It can be especially difficult if your partner refuses to compromise on any level. They may be ready to cause you much more distress out of spite and contention, if only to make this process so much worse for you. No strong marriage ever ends in divorce. It’s essential to note that Missouri is a no-fault divorce state. A Columbia divorce lawyer can help you figure out what you need.
Every divorce case is different. What may be considered an impossible line to cross for one person may be something reasonable to work through for another person. Depending on whether or not your divorce is contested or uncontested, you may be able to sit down and have a rational discussion about how to divide the marital assets, work out alimony, and more. For some, filing for divorce can feel like a betrayal in itself, which can often lead to a contested divorce.
Hiring a Divorce Lawyer
When you are facing legal trouble in the form of a divorce, you will want someone by your side who understands how high the stakes may be for you. The legal team at Stange Law Firm offers a personalized approach to your case. Our multi-state team has helped numerous clients across the country navigate divorces, estate planning, and other family law matters. We know the most effective ways to help with your case.
According to information collected by the Centers for Disease Control, Missouri has one of the highest rates of divorce in the entire country, at 2.7 per 1,000 residents as of 2022. Similarly, the marriage rate in Missouri sits at around 5.8 per 1,000 residents as of 2023, according to the Missouri Department of Health and Senior Services. It’s understandable to feel mentally unwell during a divorce. A local support group, such as Divorce Recovery, can help you talk through it.
Getting a No-Fault Divorce in Missouri
Going ahead with a no-fault divorce in Missouri has its own drawbacks as well as its benefits. The circumstances that led to your divorce will be unique, as every divorce is different. Everyone’s breaking point when it comes to their personal boundaries is different. Never let anyone try to convince you that your reasons for pursuing divorce are weak or not valid. Your reasons are your own, and that’s enough.
Under Missouri’s no-fault divorce laws, you are not required to provide any sort of explanation for why your marriage is irrevocably broken. If you believe it’s not worth saving, that can be enough for the court to allow a divorce. If your spouse disagrees and thinks the marriage can be saved, you may have to provide evidence of your broken marriage to the court. This may involve proving adultery, demonstrating intolerable behavior, or more.
The intent of a no-fault divorce is to avoid litigation as much as possible. A lengthy court battle can be unpredictable and expensive. By filing for a no-fault divorce, you may be trying to avoid a lengthy legal entanglement, which is perfectly reasonable. During the divorce process, factors like infidelity or spousal abuse can influence financial elements of your divorce, such as alimony or asset division. Keep everything documented so your lawyer can use it if necessary.
The Divorce Process in Missouri
Moving forward with a no-fault divorce can be easier than the alternative, but that doesn’t mean it requires anything less than a careful and considered approach. The process can still take a while and become complicated if you don’t have legal help. Here are some of the vital steps in the Missouri no-fault divorce process:
- First and foremost, you have to make sure you meet the state’s residency requirements for divorce. In Missouri, at least one spouse has to have lived in the state for 90 days before filing. Once that requirement is met, you will need to file a Petition for the Dissolution of Marriage within the circuit court of the correct county. Your spouse will then be served. They will have the chance to respond to the petition.
- If your spouse does not respond, the divorce will proceed quickly. If they do respond by disagreeing that the marriage is irrevocably broken, the case will likely get contested and complicated. If you can’t work out the details between yourselves, it will be up to the court to do it for you.
FAQs
Q: How Are Assets Divided in Missouri?
A: Assets are divided in a Missouri divorce by adhering to the equitable distribution model. This ensures that each spouse receives a fair split of all marital assets. This doesn’t always mean the split is equal. The court must consider several factors to determine the division of assets between the spouses.
Q: Can I Get Divorced Without My Spouse’s Consent in Missouri?
A: Yes, you can get divorced without your spouse’s consent in Missouri. Missouri is a no-fault divorce state, which means you don’t need to prove fault to get divorced. If you feel the marriage is broken, that’s all that matters. Even if your spouse objects, the divorce will move forward if that’s what you want.
Q: How Long Will My Divorce Take?
A: There is no telling how long your divorce will take. Everybody’s divorce is different. If your divorce is uncontested, it will likely take much less time to finalize than a contested one. Ultimately, every divorce takes as long as it needs to finalize, with some cases taking a considerable amount of time to settle.
Q: Should I Get a Divorce Lawyer?
A: Yes, you should always get a divorce lawyer. Even if your divorce is uncontested and smooth, it can’t hurt to consult with an experienced professional who can give you sound legal advice throughout the process. If your divorce is contested, you will absolutely want legal help from start to finish.
Reach Out Today
At Stange Law Firm, we can help you figure out your next steps as you pursue a no-fault divorce. Contact us to speak to a valued team member about your case.