Your marriage may feel like it’s coming to an end. You may feel overwhelmed and that divorce is the only way you can be happy. However, that may not be the case. There is A LOT to divorce. You may not really realize what you’re getting into and it’s important to have the facts BEFORE making this decision. Our divorce lawyers in Camdenton can help you. Call Deputy and Mizell at 573-346-9990 for your free consultation.
Need To Know Divorce Info.
THIS IS HOW TO START THE PROCESS OF DIVORCE.
A: Complete a “petition of dissolution,” and file it. This is the initial pleading that will tell you the court:
- Who you and your spouse are
- Where you were married
- Other facts about your “situation”
- Prepare your parenting plan, if you have children
- File a Family Court Information Sheet (only in some counties)
- Cause the court to issue a summons otherwise known as a paper telling the other spouse that the case has been started and giving them a copy of the petition.
- Pay a filing fee. This is typically set by the local rules of the circuit court in which the case is filed.
KNOW THAT YOU CAN TRY A LEGAL SEPARATION BEFORE YOU GET DIVORCED.
Dissolution and legal separation are essentially the same except for the fact that you are still married when you are legally separated. All of the same issues are decided, such as:
- Division of property
- Child support
A judgment of Legal Separation can be set aside by the judge, a judgment of dissolution of marriage can NOT be set aside.
YOU NEED TO DETERMINE IF YOUR MARRIAGE CAN BE SAVED FIRST.
There must be no reasonable likelihood that the marriage can be saved and therefore the marriage is actually broken to get divorced in the state of Missouri.
KNOW THAT YOU MAY BE PAYING ALIMONY.
Alimony used to be a more commonly used term, but in Missouri alimony is now referred to as “maintenance”. In Missouri, it’s not as easy to get as it used to be. Now, you must take a “threshold test” first to get maintenance. You must:
- Be unable to provide for yourself through having a job because you are the custodian of a child whose condition makes it inappropriate to work
AND, lack sufficient property, including marital property given in the dissolution, to provide for your needs.
- If you pass the test, then the court decides on the amount of maintenance based on the following:
- Financial resources of the person requesting maintenance.
- Conduct of both spouses during marriage
- Time needed for the person seeking maintenance to acquire a job
- The paying spouse’s financial standing and whether they are able to support themselves while paying maintenance
- Each person’s relative earning power
- The duration of the marriage
- Standard of living during marriage
- Age, emotional, and physical condition of each person
- Debts and assets of each person
- Other relevant facts that may be of use, for example, whether or not one spouse put the other through school during the marriage.
Divorce is Hard On Everyone and We’re Here For You!
If you’re undecided on whether or not you should get divorced, you should at least get all the facts first. Call our lawyers today so we can help you make this very important decision. Divorce can change your life. It shouldn’t be taken lightly. Call our Camdenton office listed below. You can also follow us on our social media channels listed below to stay up to date on the latest legal topics we are discussing.
Contact Deputy & Mizell, LLC to schedule your private (FREE) consultation today.
Representing Clients Across the Lake of the Ozarks Region