Missouri Divorce Attorney | Divorce in Missouri | Missouri Family Law

What are the grounds for filing for divorce in Missouri?

Missouri is a no-fault state. It is not necessary to show that either one of the parties was at fault. The statutory basis for a divorce in Missouri is that there is no reasonable likelihood that the marriage can be preserved and, therefore, the marriage is irretrievably broken.

How much will my divorce in Missouri cost?

In getting a divorce, you will most likely have to pay for attorney’s fees and court filing fees. Depending on the facts of your case, the court may order you to pay maintenance (or alimony), child support, or other money to your spouse to divide your property, possibly including your spouse’s attorney’s fees. It is certainly in your best interest to hire an experienced divorce attorney to make sure that your rights are asserted and your assets are protected in the long-term.

One of the issues that can affect the cost of a divorce is whether you and your spouse are agreeable to issues concerning the custody of your children, child support, maintenance, and the division of the property.

Can I annul my marriage?

An annulment is a decision by the court that the marriage was not legal from the beginning. Annulments are granted only in limited and unusual situations.

Annulments may be granted for marriages that are between persons who are related to each other, between persons who lack the mental capacity to enter into a contract, between persons of the same sex, or where one spouse was still legally married to another person.

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Who will get custody of our child?

Courts in Missouri are required to determine what is in the best interests of the children. There are two components to the custody of a child that the court must determine. The court must decide which parent will have, or how both parents will share, the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child. This is referred to as legal custody.

The court must also decide where the child will have and how the parents will share the physical time with the child. This component is referred to as physical custody.

Missouri law provides that the court is required to consider all relevant factors including:

• The wishes of the child's parents as to custody and the proposed parenting plan submitted by both parties;
• The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;
• 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;
• The intention of either parent to relocate the principal residence of the child; and
• The wishes of a child as to the child's custodian.

Can a parent refuse visitation?

No. A parent may not refuse to allow or cut back the other parent’s visitation with the children simply because the other parent has not paid his/her child support. Payment of child support and visitation are legally independent matters. Both parents have the right to have a meaningful relationship with their children.

It should also be pointed out that if one parent refuses to allow the other parent visitation, that parent may not use that as a reason to withhold or stop paying child support.

Can I modify custody?

In order for the court to modify the terms of a custody order, there must be a continuing and substantial change in the circumstances of the child or the child’s custodian and the modification is necessary to serve the best interests of the child. It is important to understand that there must be new facts that have come up since the prior order, or there must be facts that were not known by the court at the time of the prior order.

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