Multi-State Divorce Lawyers & Attorneys at Stange Law Firm

Grounds for Divorce

Parties can generally divorce when there are irreconcilable differences and no reasonable likelihood that the marriage can be preserved. It is unnecessary to show fault to get divorced, but fault can impact property and debt division and spousal maintenance in some states.

Residency Requirements

If you are going to get divorced, either you or your wife (or both of you) must be a resident of the state and must have lived there for the requisite period before filing the Petition. This action should generally be filed in the county where the petitioner resides. Anyone filing for divorce should typically do so in the county where they live. In some cases, a motion for a change of venue is a possibility.

Name of the Court and Title of the Action/Parties

Deciding to file for a divorce is difficult for many parties. For those individuals who may not yet be ready to take that big next step, there is another option for you. Missouri divorce laws state that parties may file for a legal separation when there is a reasonable likelihood that the marriage can be preserved. Many guidelines remain the same regarding things like spousal maintenance, division of property, child support, etc. Before filing this petition, one or both parties must have resided within the state for the required period. It is essential that you consider all options and factors before making any legally binding decisions when it comes to legal separation and dissolution because a legal separation can be converted into a divorce.

Legal Separation

Deciding to file for a divorce is difficult for many parties. For those individuals who may not yet be ready to take that big next step, there is another option for you. Most state divorce laws state that parties may file for a legal separation when there is a reasonable likelihood that the marriage can be preserved. Many guidelines remain the same regarding things like spousal maintenance, property division, child support, etc. Before filing this petition, one or both parties must have resided within the state for the required period. It is essential that you consider all options and factors before making any legally binding decisions when it comes to legal separation and dissolution because a legal separation can be converted into a divorce.

Spousal Maintenance

According to divorce laws in each state, the court may grant spousal maintenance/alimony to either party. This depends on a finding that the party seeking spousal maintenance is not able to support themselves and lacks sufficient property to provide for their own needs or that the party seeking spousal maintenance is the guardian of a child whose condition is such that it would be inappropriate for that party to seek outside employment. In some states, there may be specific formulas and criteria regarding how long it may be paid.

The laws in each state vary. However, the court may consider the following factors in ruling on the amount of spousal maintenance to be compensated:

• The time necessary for the spouse seeking support to acquire sufficient education or training;
• The comparative earning capacity of each spouse;
• The standard of living established during the marriage;
• The obligations and assets of the marriage, both separate and marital;
• The duration of the marriage;
• The age, physical, and mental condition of the spouse seeking support;
• The ability of the supporting spouse to meet both his needs and the needs of the spouse seeking support;
• The conduct of the parties during the marriage; and/or
• Any other relevant factors.

The order establishing spousal maintenance must also state whether the award is modifiable or non-modifiable. If the award is modifiable, the court may modify it only upon a showing that the circumstances have changed so considerably as to make the terms unreasonable. In some states, however, a formula calculates maintenance sums and duration.

Distribution of Property

Most state divorce laws call for an equitable distribution of assets. However, some states are under community property laws where the community property is presumptively divided in half. In equitable distribution states, the court will divide the marital property between the parties as it deems equitable and fair after setting aside each party’s separate property. This means you get to keep what belongs to you (property you owned before the marriage), and all shared property (property you owned during the marriage) will be divided equally between you and your ex-spouse. While the laws in every state can vary, the court may consider the following factors in dividing the property between the parties:

• The economic circumstances of the parties at the time of the division of property;
• The contribution of each spouse to the marital estate;
• The value of the non-marital property set apart for each spouse;
• The conduct of the parties during the marriage (in states where this is allowed); and/or
• Custodial arrangements for minor children.

Child Custody

Courts will determine the issue of child custody based on the child’s best interests. Although the laws in each state can vary, a partial list of aspects that the court may consider in determining the best interests of the child can include:

• The wishes of the parents, the need of the child for a frequent and meaningful relationship with both parents;
• The interaction and interrelationship of the child with both the parents and any siblings;
• The wishes of the child;
• The needs of the child for a frequent, continuing, and meaningful relationship with both parents;
• The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests;
• Which parent is more likely to allow the child frequent, continuing, and meaningful contact with the other parent;
• The child’s adjustment to the child’s home, school, and community.
• The mental and physical health of all individuals involved, including any history of abuse of any individuals involved; and/or
• The intention of either parent to relocate the principal residence of the child; and

Before awarding custody, in many states, the court shall often consider awarding both parents joint physical and legal custody. Suppose the court decides that joint physical and legal custody awarded to both parents is not in the child’s best interests. In that case, the court shall consider joint physical custody, with one party granted sole legal custody. If that arrangement is not in the child’s best interests, the court shall consider joint legal custody with one party granted sole physical custody. If that arrangement is not in the child’s best interests, the court would consider sole custody to either parent or a third-party custody arrangement.

In some states, physical custody is referred to as parenting time, while legal custody is referred to as the allocation of parental responsibilities.

In some states, no preference will be given to either party in determining custody based on the parent’s age, sex, or financial status or because of the child’s age or sex.

When custody of a child is at issue in a proceeding for dissolution of marriage, the court shall order the parents to attend educational classes regarding the effects of custody and dissolution of marriage on the children. The court may also order the parents to attend an alternative dispute resolution program to resolve any disputes regarding custody or visitation issues.

Child Support

As with every other family law issue, the court will determine child support. The court may order either party to pay an equitable amount necessary to support their child or children. Under state guidelines, some of the factors the court may take into consideration while determining the amount of child support include:

• The financial needs and resources of the child;
• The financial resources and needs of the parents;
• The standard of living the child would have enjoyed had the marriage not terminated; and/or
• The child’s physical and legal custody arrangements.

Legally, your liability to pay child support shall end upon emancipation or often the death of the child, the marriage of the child, the child entering active duty in the military, the child becoming self-sufficient, the child reaches the age of emancipation years of age, or, if the child is enrolled in a secondary school program of education when the child reaches a certain age or completes school. Note that the laws vary in each state, and discussing the particulars with an attorney is essential.

You may also be required to provide health insurance for your child. In addition, if you were already paying for health insurance for your children and spouse before the divorce, you are obligated to continue paying for it from the time of filing until the divorce is final (meaning you cannot cancel health insurance for your children and spouse during the divorce proceedings).

Name Change 

A spouse may request a name change to their former or maiden name. The court may grant this request upon the divorce.

Do I Need an Aggressive Divorce Lawyer?

Sometimes, individuals indicate that they want an aggressive divorce lawyer to represent them in their case. The reality is that aggression is rarely persuasive to a divorce court judge. What most clients should seek in a family law attorney is somebody who zealously represents their interests and who provides competent, communicative, and diligent representation.

What About the Cost?

Some clients have questions about the cost of their divorce. Individuals with questions about this should please read our FAQ page.