Missouri Divorce Laws

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Divorce laws form the basic guidelines of any type of marital dissolution. Any divorce procedure in a state is based on the structure of the divorce laws that is designed by that particular state. Missouri divorce laws explain the requirements and documentation regarding a divorce process. Some aspects of these divorce laws are stated below.

Missouri Divorce Laws regarding Spousal Support

Spousal support is the amount arranged by the partner to help the other spouse to survive financially after a painful separation. It is often possible that one of the partners is in an economically better state than the other. In such cases, the other partner can request for alimony from that spouse. If the issue is not settled between the partners by discussion, the court takes the decision by judging all the aspects. Spousal support might be ordered by the Court if it reaches a conclusion that the partner demanding support-

• Fails to find an apt employment for self
• Lacks enough property to satisfy the residential requirements.
• If the partner is responsible for a custody of the child and the state of the child makes it apt that the partner should not be required to attend working outside the house.

The Court ponders over the following issues before finalizing the period and value of spousal support.

• The demeanor of the partners during the marital life.
• The capacity of the partner who is paying for spousal support is demanded in order to make sure that they fulfill the requirements of self as well as of the partner wishing to have support.
• The mental condition and physical state of the partner who is in need of alimony.
• The period of being married
• The assets and obligations of both partners.
• The standard of living experienced during the marital life.
• A comparison of the earning capacities of both partners.
• The duration essential to obtain appropriate training to search proper employment for the unemployed spouse.
• The economical condition of the partner who requests for support, like the marital property awarded to this partner, child support for this partner as a custodian and the capacity of the spouse partner to fulfill the self requirements independently.

Missouri Divorce Laws regarding Residency Requirements

Residency requirements are necessary conditions to be met before applying for a divorce in any state. The state laws of Missouri requires ninety days of stay before filing for a divorce case. The person has to fulfill this condition by proving the physical presence in the state for a period of at least three months.

Missouri Divorce Laws regarding Property Distribution

The issue of property division can be solved through mutual agreement between the partners. When the parties do not mutually accede property division, the Court separates the liabilities and property in an equitable manner and not essentially in an equal manner. The following factors are considered while making a decision.

• The behavior of the partners during marital life.
• The value of the non-marital property reserved for each partner.
• In case of minor children, the custodial plans are taken into consideration.
• The contribution made by each partner to achieve the current financial status.
• The financial conditions of both partners and the wish to give the family residence to the partner having a custody of the children.

The following type of property is classified as separate property and is not considered for distribution.

• Property attained by descent, devise, bequest or gift.
• Property attained after obtaining a decree of legal separation.
• Property attained while exchanging property acquired by descent, devise, bequest and gift or while exchanging property acquired before the marriage.
• The raise in the valuation of the property attained before the marriage, except when marital assets inclusive of labor have resulted in such raises. In this matter, only the extent of such inputs during marital life are taken into account, and not any other contributions.
• Property excluded by means of a valid written agreement amongst the partners.

An individual may make a petition in the circuit Court requesting an alteration of name. Such a petition must include the full name of the petitioner, the desired new name and the reason for this change. If the judge reaches a conclusion that the desired alteration would be appropriate and would not be harmful to the interests of any person, then the Court grants the new name. So, this is the primary introduction to the divorce laws in Missouri. It is to be noted that the usage of legal provisions entirely depends on the nature of a divorce case. For example, the complex case of divorce would take a deeper study of laws, while a simple case may utilize only two or three provisions in divorce laws.

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