Greene County Divorce Guide for Divorce Lawyers/Attorneys: What You Need to Know

What Are the Grounds for Divorce in Springfield, MO?

In Missouri, a divorce can be granted when a marriage is irretrievably broken and there is no reasonable chance of reconciliation. You do not need to prove fault to file for divorce. However, fault may still influence decisions related to property division, debt allocation, and spousal support.

Who Can File for Divorce in Springfield?

To file for divorce in Missouri, either spouse must have lived in the state for at least 90 days before filing. The petition should be filed in the county where the petitioner resides. In most cases, this means filing in Greene County if you live in Springfield. A change of venue may be requested under certain circumstances.

What Is the Court Process Like?

Divorce cases are handled in the Circuit Court. The process begins with a Petition for Dissolution of Marriage. The person filing is called the Petitioner, and the other party is the Respondent. Once the case is resolved, the court issues a Decree or Judgment of Dissolution of Marriage.

Is Legal Separation an Option?

Yes. If you are not ready to end your marriage, you may consider filing for legal separation. Missouri law allows this when there is a reasonable possibility the marriage can be preserved. Legal separation addresses the same issues as divorce, including property division, child custody, and support. It can later be converted into a divorce if needed.

How Is Spousal Maintenance Determined?

Spousal maintenance, also known as alimony, may be awarded if one spouse cannot meet their financial needs or is caring for a child whose condition prevents employment. The court considers several factors when deciding the amount and duration of support:

• Time needed to gain education or training
• Earning capacity of each spouse
• Standard of living during the marriage
• Marital assets and debts
• Length of the marriage
• Age and health of the spouse seeking support
• Ability of the other spouse to provide support
• Conduct during the marriage
• Any other relevant circumstances

The court will also specify whether the maintenance is modifiable. If it is, changes can be made only if circumstances significantly change.

How Is Springfield, Missouri Property Divided?

Missouri follows the principle of equitable distribution. This means marital property is divided fairly, though not necessarily equally. Separate property, such as assets owned before the marriage or received as gifts or inheritance, is typically excluded.

Factors considered include:

• Financial situation of each spouse
• Contributions to the marital estate
• Value of separate property
• Conduct during the marriage
• Custody arrangements for children

What About Child Custody?

Custody decisions are based on the best interests of the child. Missouri courts consider several factors, including:

• The child’s relationship with each parent and siblings
• Each parent’s willingness to support the child’s relationship with the other parent
• The child’s preferences, if appropriate

The court first considers joint physical and legal custody. If that is not suitable, it may award joint physical custody with sole legal custody to one parent, or vice versa. Sole custody may be granted if no joint arrangement serves the child’s best interests. The court does not favor either parent based on gender, age, or financial status.

Parents are usually required to attend educational programs about the impact of divorce and custody on children. Mediation may also be ordered to resolve disputes.

How Is Child Support Calculated?

Child support is determined using Missouri’s Form 14, which considers:

• Financial needs and resources of the child
• Income and expenses of both parents
• Custody arrangements
• The lifestyle the child would have had if the marriage had continued

Support typically ends when the child turns 18, or 21 if still in school. It may also end if the child marries, joins the military, becomes self-supporting, or passes away. Parents may be required to maintain health insurance for their children throughout the divorce process.

Can I Change My Name After Divorce in Springfield?

Yes. A spouse may request to restore their former or maiden name as part of the divorce proceedings. This is a common request and is usually granted by the court.