How to File for No-Fault Divorce in Missouri?
Learn how to file for no-fault divorce in Missouri, including the necessary steps, forms, and procedures.
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What is No-Fault Divorce in Missouri?
In Missouri, couples can file for no-fault divorce, which means that neither spouse is required to prove fault or blame for the breakdown of the marriage. This type of divorce is also known as a 'no-fault' or 'irretrievable breakdown' divorce.
What are the Requirements for Filing for No-Fault Divorce in Missouri?
According to Missouri law, a couple must have been separated for at least 30 days before filing for divorce. Additionally, the couple must have lived in Missouri for at least 90 days before filing for divorce.
How to File for No-Fault Divorce in Missouri?
To file for no-fault divorce in Missouri, you'll need to complete several steps. First, you'll need to file a petition for divorce with the circuit court in the county where you reside. The petition must include the following information:
- Your name and address
- Your spouse's name and address
- The date of your separation
- A statement that you and your spouse have lived in Missouri for at least 90 days
- A statement that you and your spouse have been separated for at least 30 days
How to Serve Your Spouse with a Copy of the Petition?
You can serve your spouse with a copy of the petition by a process server or by mailing a copy to your spouse's last known address. Your spouse will then have 30 days to respond to the petition.
What Happens After Your Spouse Responds to the Petition?
After your spouse has responded to the petition, you'll need to attend a hearing to finalize the divorce. At the hearing, you'll need to provide evidence that you and your spouse have lived in Missouri for at least 90 days and that you've been separated for at least 30 days. You'll also need to provide evidence that you and your spouse have reached a settlement agreement, if you've been able to do so.
What if You're Unable to Reach a Settlement Agreement?
If you're unable to reach a settlement agreement, the court will need to make decisions about property division, child custody, and child support. In this case, you'll need to attend a trial to present your case to the court.
What is the Final Step in the Divorce Process?
Finally, once the divorce is finalized, you'll need to file a final decree of divorce with the court. This document will officially end your marriage and grant you a divorce.
Conclusion
In conclusion, filing for no-fault divorce in Missouri is a relatively straightforward process. By following the steps outlined in this article, you can ensure that your divorce is handled efficiently and effectively. Remember to consult with an attorney if you have any questions or concerns about the process.