Missouri Divorce Questions

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You might have made several attempts to reconcile your divorce. As all your attempts have gone in vain, you must have though of legally ending your marriage. Even though you might be emotionally stressed because of an irreconcilable marriage, you need to keep yourself updated about the legal procedures followed in the state where you are filing a divorce. It will help to ease the divorce process and not add additional emotional and financial stress. As you are filing for divorce, you would like to know what the first and last documents in a divorce action are called. You also need to know the difference between Petitioner, Co-Petitioners, and the Respondent. All such important Missouri divorce questions are answered here.

Following are some important Missouri divorce questions and their answers:

Q. Which are the first and last documents in a divorce action?

A. The first document in a divorce action in this state is titled as a Petition for Dissolution of Marriage. The last document in a divorce action is known as the Decree of Dissolution of Marriage.

Q. Differentiate between Petitioner, Co-Petitioners, and the Respondent?

A. The divorcing partner who files the divorce action and in this way initiates the divorce process is referred to as the Petitioner. The spouse of the Petitioner is called as the Respondent. Sometimes the divorce action is filed jointly by both divorcing parties and in this case they are called as Co-Petitioners.

Q. In what type of court is the divorce case filed in this state?

A. In Missouri, divorce case is filed in Circuit Court.

Q. Are grandparents awarded visitation rights of the child or children?

A. If grandparents are interested in visitation rights of the child or children then they need to file a request for permission in the Missouri Court. The court considers the request and the reason for the request and then takes some decision regarding whether to allow or restrict the grandparents the visitation rights.

Q. Explain the types of joint custodies as per the divorce laws in this state?

A.

• Joint Physical Custody: Equal duration of time is spent by the child or children with both parents
• Joint Legal Custody: The different issues regarding the child or children like health and educational issues are jointly looked into by the parents
• Both Physical and Legal Custody of the children

Q. What are the basic residency requirements in Missouri?

A. Minimum one divorcing partner must have stayed in this state for minimum 90 days immediately before the filing date of the Petition.

Q. Has any waiting period been specified regarding the divorce action?

A. The divorcing parties must be separated for a span of 6 months and only after the completion of this span divorce can be granted.

Q. Discuss the marital property distribution?

A. The state of Missouri believes in equitable distribution. The division of debts and property between the divorcing partners need not be essentially equal, but should be equitable and fair.

The following factors are considered by the court during marital property distribution.

• Custodial plan of minor child(ren)
• The behavior of partners in marital life
• The valuation of non marital property offered to each divorcing partner
• The input of each divorcing partner to the marital estate
• The financial state of the divorcing parties at the moment of property distribution

Q. Provide an insight into child support?

A. Child support guidelines have been drafted by the Missouri legislature that is used to determine the presumptive correct amount of child support. However, if the court reaches a conclusion that use of the guidelines would be inappropriate or unjust, then the court would deviate from the guidelines.

The court considers several factors while deciding child support out of which some are listed below:

• The physical and legal custody arrangements of the child or children
• If the marriage would not have ended in a divorce, then the standard of living the child or children would have experienced
• The economical resources and requirements of the parents
• The economical resources and requirements of the child

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