Missouri Divorce Tips

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Divorce rates in the United States has been increasing over the last 50 years. Various studies reveal that marriage and divorce rates in northwestern states are low as compared to the southern states. Located in the Midwestern region of US, Missouri also face divorce problems. The state has formed its divorce laws that address different divorce issues. Before proceeding to the court, you should do some research to know the nature of your case, its complexities, legal formalities, etc. We bring to the forefront some effective Missouri divorce tips that cover a lot of common divorce issues.

Some useful Missouri Divorce Tips

• For any divorce, residency requirements are to be met. Often this becomes the first factor of consideration for most couples. To file for a case in Missouri, at least one partner should live in Missouri for a period of 3 months continuously prior to the date of filing of the case. If you are a member of the armed forces who has been posted in this state for 3 months prior to the date of filing of the case, then also you are eligible.

  There must remain a gap of 30 days between the filing of the case and the judge's signing of the divorce decree. Couples can rethink about their marriage during this period before the final decision is made.

• If you are the Defendant then you have 20 days for replying to the petition.

• One of the fundamental Missouri divorce tips relates to the grounds for divorce. A dissolution of marriage is granted once the marriage is irretrievably broken. Again if both the parties under oath or affirmation state that the marriage is irretrievably broken, or one party says this and the other does not deny it, then the court gives the order of dissolution of marriage after verifying if the marriage is truly irretrievably broken.

• Assume that a court or division has issued the notice of intent to suspend the license. In this circumstance, the obligor may request a hearing to show cause as to why the suspension is not reasonable.

• The court generally issues orders to the parties to remain present at educational sessions related to the effects of custody and the dissolution of marriage on children, in case of the following actions:
  • A post judgment proceeding in which custody of minor children is to be determined by the court
  • A legal separation involving minor children
  • A Dissolution of Marriage

• Either divorced parent is free to alter his or her residence to another state. Under Section 452.410, the court considers this as a change of circumstances and modifies a prior custody or visitation decree.

• Consider that either parent has filed a motion to alter the award of joint physical custody or joint legal custody. In this scenario, either partner is empowered to a change of judge as per the rules of the Supreme Court.

• The legal custodian decides the upbringing of the child with respect to issues like religious training, health care and education. In the below-mentioned circumstances, the above rule does not apply:
  • The parent, without legal custody, files a motion that the emotional development of a child may be impaired or the physical health of a child might be endangered due to a specific limitation in the authority of the legal custodian.
  • If it is agreed so by the partners in a written form
  • If the court orders so

• It is expected that the legal custodian does not execute the legal custody in a manner as to detrimentally or significantly affect the custody or visitation rights of the other parent.

• The court has rights to issue orders to the county juvenile officer or the county welfare office to supervise whether the custody issue is being executed as required.

• Section 452.404 deals with a neutral location for exchange of children. The court might demand that the parents must bring the child/ children to a neutral location for exchange. This might be an existing location for such exchanges or a center that has been specifically built for such exchanges. A neutral third party might be present at this location to furnish a precise documentation whether the parties are complying with the orders.

• A court has the right to appoint a guardian ad litem for the child, if the court concludes that it is in the best interests of the child. Such an individual must be a lawyer who is licensed to practice law in this state. The court can allow a reasonable fee for this individual.

Consider all the Missouri divorce tips and then find out what you are expected to do and arrange for. This knowledge will help you gain mental strength to fight for your rights and win the case, probably.

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