Dissolution of Marriage Missouri
Dissolution of marriage Missouri refers to the process of legally ending a marriage in the state of Missouri. It is more commonly referred to as divorce.
Summer Masterson-Goethals
Masterson Law
(417) 522-1280
1771 S. Fremont
Springfield, MO 65804
Dissolution of Marriage Missouri
In the majority of jurisdictions, the legal procedure for ending a marital relationship is called “divorce.” The legal term that Missouri utilizes for divorce is “dissolution of marriage”, since the bonds of marriage are permanently dissolved.
Missouri mandates that either you or your spouse must have been a citizen in the state for a minimum of 90 days prior applying for divorce. Those seeking dissolution of marriage Missouri should also know that Missouri is a no-fault divorce state. In a no-fault divorce, you do not need to show proof that either spouse is accountable for the divorce. You only need to state that the marital relationship is ‘irretrievably broken”.
Read on to learn more about the process of filing for dissolution of marriage Missouri, which forms are required, and how a Missouri family law & divorce attorney can help you.
Filing for Divorce in Missouri
If you are the spouse looking to divorce, you will be described as the “petitioner”, while your spouse will be described as the “respondent”. Comprehending these terms will be valuable when you are completing the various documents that are needed to file the divorce.
Petition for Dissolution of Marriage Missouri
To file for divorce in Missouri, the petitioner needs to inform the court with a written “petition”, called a Petition for Dissolution of Marriage, describing the subject of the case, who is involved in the case, and what result (referred to as relief) is desired. Usually, this consists of a request for dissolution as well as a request for the division of property, child custody, and child support.
Under oath before a notary public, the petitioner must sign the petition and swear to the truth of the facts included in it. A Springfield, Missouri divorce attorney can help guide you through this petition to ensure that is is filled out completely and correctly.
Dissolution of Marriage Forms Missouri
The primary divorce form in Missouri is the Petition for Dissolution of Marriage mentioned above, known officially as CAFC001. Although this is considered the primary divorce form, it is likely that other forms will need to be filled out as the divorce proceeds, but this form should be your starting point to set the divorce in motion. A full list of the forms that may be needed can be found here.
How to Submit a Dissolution of Marriage Form Missouri
The Petition for Dissolution of Marriage must be submitted in the county in which either spouse lives. Fees for filing for dissolution of marriage Missouri may vary depending on the specifics of the case. You can usually find information on divorce filing fees on your local court’s website, but a local divorce attorney can help guide you through the fee structure and filing process if you are unsure.
If you can’t afford the fee to file for divorce, you have the option of filing an application called an In Forma Pauperis to ask that the fees be waived. The court will analyze your financial information in-depth to determine whether you can pay these fees.
Missouri Divorce Papers
In addition to the Petition for Dissolution of Marriage, there are a few other divorce papers that you will need to fill and submit to finalize the divorce. A Missouri divorce attorney like those at Masterson Law can discuss the details of your case and help you figure out which additional forms apply to your situation.
Additional Divorce Papers Missouri
If you and your spouse have kids together, you will be required to complete a detailed parenting plan and a form that lays out all of the details surrounding custody. Preferably, you and your spouse will settle on these decisions together and submit the form together. However, if you cannot come to an agreement on child custody, which is often the case in divorce, you can both submit a separate parenting plan.
Bear in mind that if you and your spouse each submit a separate parenting strategy, it will be the judge who makes the final custody decision, so coming to an agreement with your spouse is the best course of action to ensure that you have full control over what happens to your children. Family court can be a long and difficult process, so if it’s possible to come to an agreement with your soon-to-be ex-spouse, it might be easier for you. A divorce attorney who also specializes in dispute resolution can help serve as a neutral third-party to guide you and your spouse toward a mutual decision regarding child custody and co-parenting.
In addition to forms regarding child custody, you will also need to submit a “Confidential Case Filing Details Sheet” along with your divorce files. This form is required for all civil and domestic relations cases, including dissolution of marriage Missouri.
Divorce forms, like other legal forms regarding familial matters, are submitted to the local circuit court. If you have questions, you can learn more about the Greene County MO Circuit Court and the role it plays in dissolution of marriage at the link.
Certificate of Dissolution Missouri
In many states, including Missouri, the finalization of a divorce ends with a decree or order for dissolution of marriage. In Missouri, this decree is officially known as a Certificate of Dissolution of Marriage.
Certificate of Dissolution of Marriage Missouri Details
The Certificate of Dissolution of Marriage Missouri includes details regarding the circumstances surrounding the divorce, child custody decisions, and the official date of the dissolution.
Missouri Certificate of Dissolution Uses
The details outlined in the Certificate of Dissolution of Marriage are crucial to a variety post-divorce activities, such as altering names on bank accounts, changing the recipients of pension and life insurance coverage, and handling other problems that may come up.
The day the judge signs the divorce decree, your marriage is legally dissolved, and the Certificate of Dissolution will be issued by the state of Missouri. This document serves as proof that your marriage has ended.
Why Hire a Missouri Dissolution of Marriage Attorney
Many couples prefer to go the route of self-representation during a dissolution of marriage Missouri, especially if they are pursuing an uncontested divorce. However, hiring a Missouri divorce attorney is vital to a smooth and successful divorce process.
A Missouri divorce attorney can help you and your spouse come to an agreement on matters like child custody and property division, help you understand what you are entitled to in the divorce, reduce emotional stress, and fight for your rights.
Missouri Dissolution of Marriage Forms Assistance
Perhaps most importantly, a Missouri divorce attorney can help you keep track of the required legal forms and documents. Navigating legal forms can be one of the most challenging and confusing aspects of divorce, but you don’t have to go through it alone.
From filing for divorce to representation in court and completing your dissolution of marriage Missouri, the legal experts at Masterson Law are here to help every step of the way. Contact Masterson Law today for competent and compassionate representation.
