Common Divorce Questions in Missouri

What Are the Grounds for Divorce in Ellisville?

A Missouri court may grant a divorce when it finds there is no reasonable likelihood that the marriage can be preserved and the marriage is therefore irretrievably broken. A spouse generally does not have to prove misconduct to obtain the divorce.

Conduct during the marriage may still be relevant to certain issues, including property and debt division and spousal maintenance. Its significance depends on the facts of the case and the issue before the court.

What Are the Residency Requirements?

Before a divorce can be filed in Missouri, either spouse must generally have lived in the state for at least 90 days immediately preceding the filing. A qualifying member of the armed services stationed in Missouri may also satisfy the residency requirement.

At least 30 days must pass after the petition is filed before the court can enter the final divorce judgment. Contested financial or parenting issues may cause the case to take considerably longer.

Where Should an Ellisville Divorce Be Filed?

Missouri law generally permits an original divorce proceeding to be filed in the county where the petitioner resides or where the respondent resides. Venue may depend on the parties’ residences and other procedural considerations.

A divorce involving Ellisville residents is generally filed in the Circuit Court. A request to transfer venue may be available in certain circumstances.

What Are the Parties and Court Documents Called?

The spouse who files the case is the petitioner, and the other spouse is the respondent. The petitioner begins the case by filing a Petition for Dissolution of Marriage.

The case concludes when the court enters a Judgment of Dissolution of Marriage. That judgment legally ends the marriage and addresses any remaining matters involving property, debts, maintenance, custody, parenting time, and child support.

Is Legal Separation Available in Ellisville?

Yes. A legal separation allows spouses to obtain court orders without legally ending their marriage. Missouri courts may address property division, debts, maintenance, child support, custody, and parenting time as part of the proceeding.

A court may enter a judgment of legal separation when there remains a reasonable likelihood that the marriage can be preserved and the marriage is therefore not irretrievably broken. The same 90-day residency requirement generally applies, and at least 30 days must pass after filing before the court enters judgment.

A legal separation may later be converted into a divorce after the statutory requirements are met. Because separation can establish significant financial and parenting obligations, the proposed terms should be evaluated carefully.

When May a Court Award Spousal Maintenance?

A Missouri court may award maintenance to either spouse, but only after making the findings required by law. The spouse requesting maintenance generally must show that they:

• Lack sufficient property, including property received in the divorce, to meet their reasonable needs; and
• Cannot meet those needs through appropriate employment or should not be required to work outside the home because of the condition or circumstances of a child in their custody.

If maintenance is appropriate, the court may consider:

• The requesting spouse’s financial resources
• The time needed to obtain education or training
• Each spouse’s earning capacity
• The standard of living established during the marriage
• Each party’s marital and separate property
• The length of the marriage
• The requesting spouse’s age and physical and emotional condition
• The paying spouse’s ability to meet their own needs while paying maintenance
• The parties’ conduct during the marriage
• Any other relevant circumstances

The judgment must state whether maintenance is modifiable or nonmodifiable. A modifiable award may generally be changed only when circumstances have changed so substantially and continuously that the existing terms have become unreasonable.

How Is Property Divided in an Ellisville Divorce?

Missouri courts first identify and set aside each spouse’s separate property. The court then divides the marital property and debts in a manner it considers just after reviewing the circumstances. A fair division does not necessarily mean an equal division.

Property acquired during the marriage is generally presumed to be marital regardless of whose name appears on the title. Separate property may include qualifying premarital assets, gifts, inheritances, or property received in exchange for separate assets. Classification can become more complicated when separate and marital funds have been combined.

Factors affecting the division may include:

• Each spouse’s economic circumstances
• Each spouse’s contribution to acquiring marital property, including contributions as a homemaker
• The value of the separate property awarded to each spouse
• The parties’ conduct during the marriage
• Custodial arrangements for minor children

Cases involving businesses, retirement accounts, investments, real estate, or commingled assets may require additional valuation and financial analysis.

How Do Courts Decide Child Custody and Parenting Time?

Missouri courts decide child custody according to the child’s best interests. The court reviews all relevant circumstances, including:

• The parents’ wishes and proposed parenting plans
• The child’s need for frequent, continuing, and meaningful contact with both parents
• Each parent’s ability and willingness to meet the child’s needs
• The child’s relationship with parents, siblings, and other significant individuals
• Which parent is more likely to support the child’s relationship with the other parent
• The child’s adjustment to home, school, and community
• The physical and mental health of those involved
• Any history of abuse or domestic violence
• Either parent’s intention to relocate the child
• The child’s wishes when appropriate

Missouri law directs the court to consider joint legal and joint physical custody, other combinations of joint and sole custody, sole custody, and, when legally appropriate, third-party custody. The controlling question is which arrangement serves the child’s best interests.

The court may not favor either parent because of age, sex, or financial status. Joint physical custody also does not necessarily require the child to spend exactly equal time with each parent.

Is a Written Parenting Plan Required?

A custody judgment must include a written parenting plan. It may address:

• The regular parenting schedule
• Holidays, vacations, and school breaks
• Transportation and exchanges
• Education and healthcare decisions
• Communication between the parents and child
• Child-related expenses
• Procedures for resolving future disagreements

The parents may submit an agreed plan, or each parent may offer a separate proposal. If they cannot agree, the court will establish the terms.

Parents may also be ordered to attend an educational program concerning the effects of divorce on children. The court may require participation in an alternative dispute resolution process to address custody or parenting-time disputes.

How Is Child Support Calculated?

Missouri courts use Supreme Court Rule 88.01 and Form 14 to calculate the presumed child support amount. The calculation may consider:

• Each parent’s income
• The child’s financial needs
• Health insurance premiums
• Work-related childcare expenses
• The custody and parenting-time arrangement
• Support obligations involving other children
• Other adjustments recognized under Form 14

The court may adopt the presumed amount or find that it would be unjust or inappropriate under the circumstances. Determining income may require closer review when a parent is self-employed, owns a business, receives bonuses or commissions, or is voluntarily unemployed or underemployed.

When Does Child Support End in Missouri?

Child support does not necessarily end automatically when a child turns 18. Subject to the terms of the order and applicable law, the obligation may terminate when the child:

• Dies
• Marries
• Enters active military duty
• Becomes self-supporting and is released from parental control
• Reaches age 18 without qualifying for continued support
• Reaches age 21, unless support has been extended because of qualifying incapacity

Support may continue beyond age 18 when the child satisfies Missouri’s requirements for secondary, vocational, or higher education. Those requirements include enrollment, attendance, academic progress, and the timely exchange of educational records. Different rules may apply when a child has a qualifying physical or mental incapacity.

A parent should not simply stop making payments without confirming that the legal requirements for termination have been satisfied.

Can the Court Require Health Insurance?

The court may allocate responsibility for a child’s health insurance and uncovered medical expenses. Temporary orders or local procedures may also restrict a spouse from canceling existing insurance while the divorce is pending.

The parties should review all court orders before changing coverage for a spouse or child.

Can a Spouse Restore a Former Name?

Yes. A spouse may request a name change to a maiden or former name as part of the divorce proceeding. If granted, the change will be included in the final judgment.