How do I start a divorce case?
A divorce case starts with the filing of a petition for dissolution of marriage. The petition must allege facts supporting a divorce, including that the marriage is irretrievably broken. The petition need not allege that either party is at fault.
This petition can be filed in a Missouri court so long as one spouse has been domiciled in the state for 90 days immediately preceding the commencement of the action.
Are there any waiting periods in order to get a divorce?
Once the case is filed, there is a 30 day waiting period before the court can grant the dissolution. Missouri does not have any type of “cooling off” waiting period from the time parties separate until the time when they can seek a divorce.
We’ve had cases where people get into arguments during a honeymoon and decide to obtain a divorce within weeks of being married. Theoretically, a person could file a petition for dissolution of marriage the day after they marry.
What are some things to consider when getting divorced?
Divorce cases have up to four central components:
(1) child custody;
(2) child support;
(3) maintenance; and
(4) property and debt division.
Not every case involves all four elements. For example, parties who do not have children together obviously never need to resolve child custody or child support issues.
In marriages of short duration, where both spouses are capable of supporting themselves, the parties may only need to formalize the dissolving of the marriage, and not negotiate or litigate any of the four central issues.
What should I look for in a divorce lawyer?
Ask your friends and family members who they hired, and how was their experience. Your attorney should have a good reputation in the community.
Consider hiring someone who makes use of technology because this can streamline your case and make communication easier.
Hire someone who provides a free consultation. Spend some time asking questions and consider hiring someone who took the time to answer all of your questions.