Divorce Attorneys in Missouri
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Divorce is a difficult time in any person’s life. Even the most civil splits can quickly escalate into an argument when division of assets, child custody, child support, or other divorce-related factors come up. The laws governing divorce can be difficult to understand, and attempting to navigate the legal system alone is never recommended. If you face a divorce, you need to contact a Columbia divorce lawyer from our team. At Columbia Family Law Group, LLC, we can address the factors regarding your split and ensure that you reach an amicable resolution.
Why Choose Our Divorce Lawyers?
Not all divorce attorneys provide the same level of care for their clients. At our law firm, we believe that every family deserves a personalized strategy based on their unique circumstances, rather than a one-size-fits-all approach. We treat each client as an individual, with their own unique needs and challenges.
- Our attorneys put 35+ years’ shared experience on your side
- Team that includes one certified mediator to pursue peaceful solutions
- Client-focused, budget-friendly service offered
- Individualized approaches tailored to your unique situation
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Missouri Divorce Law: What You Need to Know
Missouri refers to divorce as “dissolution of marriage.” Under RSMo § 452.320, the only legal grounds for dissolution are irreparable breakdown of marital relationship. Missouri is a no-fault state, meaning neither spouse needs to prove fault or wrongdoing to obtain a divorce. However, this does not mean all cases proceed the same way. Missouri courts have broad authority to consider unique circumstances of each family, and decisions made regarding property, child custody and financial support will have long-term legal and practical implications.
It is essential to understand the full scope of Missouri’s dissolution statutes as outlined in Chapter 452 before entering a courtroom or negotiating session. Our experienced attorneys have a deep understanding of these laws and know how to strategically apply them on your behalf.
Key Issues in Every Missouri Divorce Case
Most Missouri divorces involve several complex legal issues that must be addressed before a final decision is made. Understanding these issues and how Missouri courts handle them can help you make informed decisions during the divorce process.
Division of Marital Property
Missouri follows an equitable distribution standard for dividing marital assets and debts. Under RSMo § 452.330, the court divides marital property in a way that is “just” – which means fair, but not necessarily equal. The factors the court considers include:
- Each spouse’s current and future financial circumstances
- Each spouse’s contribution to acquiring, maintaining, or increasing the marital property
- The value of each spouse’s separate property
- Conduct of each party during the marriage
- Any custody arrangements for minor children
- Desirability of awarding the family home to the custodial parent
Marital property typically includes assets and debts acquired during the course of a marriage. Separate property, such as gifts or inheritances received by one spouse, are typically excluded from the division of assets.
Child Custody and Parenting Plans
Child custody decisions in Missouri are guided by RSMo § 452.375, which instructs courts to make all custody arrangements in the best interests of the child. Under Missouri law, there are two distinct types of custody: legal and physical.
Legal custody refers to the right and responsibility of making major decisions regarding the child’s education, health, and welfare. Physical custody refers to where the child resides on a daily basis.
Missouri courts generally prefer joint custody arrangements, which allow both parents to continue to be actively involved in their child’s life. However, sole custody may be granted if the evidence shows that shared custody is not in the best interests of the child.
Child Support
Missouri calculates child support using the income-sharing model established under Missouri Supreme Court Rule 88.01, which takes into account both parents’ gross income, the number of children, work-related childcare costs, and health insurance premiums. If there is a substantial and ongoing change in circumstances, child support orders can be modified.
Contested vs. Uncontested Divorce in Missouri
Not every divorce follows the same path to resolution. It’s important to understand the difference between contested and uncontested proceedings in order to set realistic expectations and approach your case strategically.
In an uncontested divorce, both spouses agree on all aspects of the divorce, including property division, child custody, support, and maintenance. This type of divorce is typically faster and less expensive than a contested one, and it can be less emotionally stressful for the entire family.
However, in a contested case, one or more issues may not be resolved, requiring negotiation and possibly a trial in order to decide on those matters. A judge will then make binding decisions on each disputed issue.
The Role of Mediation in Missouri Divorce
Mediation offers a private, structured alternative to courtroom litigation. During mediation, a neutral third party helps spouses engage in productive dialogue to reach mutually acceptable solutions to contested issues. The Missouri courts often encourage mediation as a way to reduce conflict and protect children from the adversarial atmosphere of litigation.
At Columbia Family Law Group, LLC, we have a team of certified mediators who are able to help our clients find peaceful solutions without compromising their legal rights. Mediated agreements can be included in the final divorce decree and are legally enforceable by the court. Mediation is often the most effective way for families to reach a long-lasting and workable solution.
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Experience, Communication & Effective Representation
At Columbia Family Law Group, LLC, we take a serious approach to every case we deal with. We are an experienced, client-centered Missouri divorce law firm that has built a reputation based on results, clear communication, and a genuine commitment to the well-being of our clients. We will spend the time necessary to understand your goals, evaluate your legal options, and create a plan designed to achieve the best possible result for you and your family.
If you are going through a divorce in Missouri, the decisions you make now can greatly affect your future. It is not necessary to go through this process alone. Our skilled divorce attorneys are here to support you every step of the way, from the initial consultation to the final court order.
Common Divorce FAQs
Missouri is a “no-fault” divorce state, which means that you do not need to prove your spouse’s wrongdoing, such as infidelity or abandonment, to obtain a divorce. Instead, the only legal grounds for divorce in Missouri are based on the “irretrievable breakdown” of the marriage. This means that the marriage cannot be saved and there is little hope for reconciliation. While fault is not required for filing for a divorce, certain actions or behaviors can influence other aspects of the case, such as custody and division of assets, but these factors are not always considered when determining the outcome of divorce proceedings.
Missouri follows the principle of “equitable distribution,” which does not always mean a 50/50 split of marital assets and debts. Instead, courts divide marital property in a way that is fair and equitable, considering factors such as the length of the marriage, each spouse’s financial situation, contributions to the household, and conduct during the marriage. Separate property, which includes assets owned by one spouse prior to the marriage or acquired as a gift or inheritance, typically remains with that spouse. Due to the subjective nature of “fairness,” having an experienced attorney can be beneficial when dividing marital assets.
In Missouri, child custody is divided into two main categories: legal custody and physical custody. Legal custody refers to the right to make important decisions about a child’s education, healthcare, and religious upbringing, while physical custody refers to where the child lives. Courts make decisions about custody based on what is in the best interest of the child, taking into account factors such as the child’s relationship with both parents, each parent’s ability to provide a safe and stable home, how well the child adjusts to school and the community, and any past history of abuse or neglect.
Uncontested divorce: You and your spouse agree on all major issues, such as property division, child custody and support. This is usually the fastest and cheapest option, and it is often the most peaceful way to end a marriage.
Contested divorce: If you and your partner disagree on one or more significant issues, you may need to go to court or negotiate. This process takes longer and involves more legal procedures.
Mediation: A neutral third party, a certified mediator, can help you reach an agreement outside the court. This method is often voluntary, confidential and helps maintain a friendly relationship, particularly if there are children involved. Our team has a certified mediator who can assist us in finding peaceful and cost-effective resolutions whenever possible.
There is no single answer to this question, as the timeline and cost of a divorce depend on various factors. These include whether the divorce is contested or not, the complexity of assets involved, and the level of cooperation between parties. An uncontested divorce can be finalized within 30 to 90 days after the filing date. However, a contested divorce, especially if there is a trial involved, can take from six months to a year or more.
Yes, Missouri courts understand that circumstances can change over time. If there has been a “substantial and ongoing” change in circumstances since the initial order, you can request a modification to child support or custody. Examples of such changes include a significant shift in either parent’s income, one parent relocating outside the state, alterations in a child’s health or education needs, or proof of abuse or neglect. Child support can also be reviewed every few years according to state guidelines. However, it is not permitted to simply stop paying support or withhold parental time without filing a formal petition with the court.
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