Divorce
What These Words Mean
Client - the person for whom the lawyer works
Custody - care of children
Contest - to argue
Annul - to cancel
Spouse - a husband or a wife
Dissolution - another name for divorce
Petition - a paper from the court asking for a divorce
File - to give a paper to the court
Summons - the order from the court that tells you to respond to the
petition
Support - money paid to a wife, husband or for children
A divorce can take place if a court decides that a marriage cannot be saved.
The case is decided by a judge without a jury. In Missouri, either the husband
or the wife must have lived in the state for 90 days before the divorce can be
filed.
What Should You Think About Before Filing for Divorce?
- How much will it cost for the husband and wife to live apart?
- How much will it cost to support the children?
- How much will the divorce cost?
- The husband and wife must wait to go to court at least 30 days after
filing for divorce.
- It may take longer if they can't agree on some things.
- A lawyer may ask them to talk with a marriage counselor to see if they can
work out their problems.
- The lawyer gets paid for trying to solve their problem, even if he doesn't
succeed.
If the Problems Can't be Solved
If there are children, the lawyer helps his client find a plan for their
custody. The lawyer decides what witnesses to use. The lawyer helps the client
decide decide what property and support to ask for. The lawyer helps the client
decide whether to make temporary arrangements for custody of the children.
Custody of Children
The judge will be particularly concerned about what is best for the children
rather than the adults. Missouri law says that children cannot be taken out of
the state or from the parent who has had the custody of them until after the
case is decided.
The judge will think about:
- the wishes of each parent
- the wishes of the children
- where the children will get along better
- the best interests of the child
Usually the parent who does not have primary custody is expected to support
the children. The parent who is to support the children must sign a promise of
the amount he or she will pay. The parent who has custody of the children cannot
move them out of the state for more than 90 days without the consent of the
court or written consent of the other parent.
What is Joint Custody?
It is a plan in which parents get court permission to share the
decision-making responsibilities and sometimes also share the physical custody
of the children. One parent will usually still have a duty to support the
children.
Support/Maintenance
Before the judge decides how much support is needed for either spouse, he
will think about: how long the husband and wife have been married; the ages of
the husband and wife; their health; their work and what they earn; and what
money or property they have. (This was formerly known as alimony.)
How is the Property Divided?
The judge thinks about: how to divide the property fairly; how much each
spouse has helped to get the property; and what the spouse who has custody of
the children will need to give them a good home.
The husband and wife may write an agreement on their support and the support
and custody of the children, and an agreement about allowing the children to
visit the other parent. The judge must approve this agreement.
What is Dissolution?
It is another name for divorce. It is a legal ending of the marriage, so that
both spouses become single again. The wife's lawyer may ask that her name be
changed back to her maiden name.
Does Missouri Have a No-Fault Divorce Law?
Yes and no. Generally, one person doesn't have to prove that the other one is
at fault in order to get a divorce. But sometimes fault must be proven to help
the court decide child custody, support or who gets property.
What is Annulment?
A decision by the court that the marriage was not legal from the beginning.
If Your Spouse Files for a Divorce
You will get a summons and a petition. You may do nothing, but then the judge
decides, and you may not get your say in what happens. Your lawyer may file an
answer for you within 30 days after you receive the summons. You may contest the
divorce, custody, child support or how the property is to be divided.
What Will a Lawyer Charge?
It depends on how much time is spent working with you. Ask the lawyer about
fees the first time you meet. Ask about court costs in your county. You will
have to pay your lawyer's fee regardless of the result.
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