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2024-03-23

How to File for No Fault Divorce in Missouri

Jacob Miller

Learn how to file for no fault divorce in Missouri, including unique aspects, state nuances, and step-by-step instructions.

How to File for No Fault Divorce in Missouri

Divorce is a legal process that dissolves a marriage, allowing both parties to go their separate ways. People who are considering divorce are often dealing with emotional stress and significant life changes. Understanding the process and requirements for filing a no fault divorce in Missouri can help simplify the legal aspects of this difficult time.

What Makes Divorce Unique?

Individuals seeking divorce are often facing challenging circumstances, including emotional turmoil, financial complexities, and potential disputes over assets and child custody. No fault divorce, where neither party is blamed for the marriage's breakdown, can ease the process by removing the need to prove fault.

Nuances by State

Each state has its own laws regarding divorce, including grounds for divorce, property division, spousal support, and child custody. In Missouri, a no fault divorce can be granted if the marriage is irretrievably broken and there is no likelihood of reconciliation. Spouses can mutually agree to the divorce or go through a court process if they disagree.

Example Scenarios

  1. Mutual Agreement: Sarah and John have decided to end their marriage amicably. They both agree that their relationship is irretrievably broken and wish to file for a no fault divorce in Missouri.

  2. Contested Divorce: Emily believes the marriage can be saved, but Mark is certain it's over. They will need to present evidence to the court to prove the irretrievable breakdown of the marriage to obtain a no fault divorce in Missouri.

How to File for No Fault Divorce in Missouri

To file for a no fault divorce in Missouri, follow these steps:

  1. Residency Requirement: Ensure that either you or your spouse has been a resident of Missouri for at least 90 days before filing for divorce.
  2. Prepare Petition: Draft a Petition for Dissolution of Marriage form, stating that the marriage is irretrievably broken.
  3. File with Court: Submit the petition and pay the filing fee to the circuit court in the county where either you or your spouse resides.
  4. Serve Spouse: Provide a copy of the petition to your spouse through personal service or waiver of process.
  5. Negotiate Settlement: Work with your spouse to reach agreements on property division, alimony, child custody, and support.
  6. Finalize Divorce: Attend a court hearing where the judge will review the settlement agreement and grant the no fault divorce.

By following these steps and meeting the requirements, you can successfully file for a no fault divorce in Missouri.

If you have further questions about divorce proceedings, property rights, or legal agreements, visit Contractable for valuable resources and tools to guide you through the process.