Kansas City, MO – Filing for divorce in Missouri can be understandably overwhelming. After all, how are you supposed to know what to do, when and where to file, and so on? Luckily, that’s where USAttorneys.com steps in.
If you find yourself at a loss for how to even begin the divorce process, our divorce attorneys in Kansas City are here to help; here are the basics of filing for divorce in Missouri.
What are the requirements?
In order to file for legal separation or divorce in Missouri, at least one of the spouse’s must have been a resident of the state for a minimum of 90 days before they are able to file for divorce. Other than that, Missouri doesn’t require either party to prove fault, only that the marriage is irretrievably broken. However, as stated in the Missouri Revised Statues, the court will grant a legal separation if it decides that the marriage still has a chance at working.
What forms do I need to file?
According to Missouri Courts, the following forms need to be filed:
- Petition for Dissolution of Marriage
- Income and Expense Statement
- Statement of Property and Debt
- Parenting Plan
- Filing Information Sheet
- Certificate of Dissolution
- Judgement of Dissolution of Marriage
How will my spouse be notified when I file for divorce?
There are multiple ways your spouse can be notified when you file for divorce in Missouri. Our divorce attorneys can help you choose one of the following methods:
- Personal Service: A court officer or sheriff delivers the petition and the summons in person.
- Private Process Server: The court appoints a private process server when your spouse is either hard to find, or deliberately trying to avoid being found. These situations usually require a consultation with a divorce lawyer before moving forward.
- Waiver of Personal Service: Your spouse accepts the petition and signs a form called “Entry of Appearance and Waiver of Service.” This form must be both filed with the court and signed before a notary public.
- Service by Publication: This method is only used when all other ways to notify your spouse have been exhausted. Permission from the court is needed, and consultation with a Missouri divorce attorney is highly recommended. Otherwise, this method can negatively affect you from collecting child support and maintenance.
What happens after my spouse is served?
Once your spouse has been served the petition and summons, they will have to provide a written response within 30 days. As stated in the Missouri Courts, the written response is called the Answer. If the Answer is not submitted within 30 days, then the divorce attorney of the person who filed the petition can ask the court for the requested relief.
While there are definitely a lot of steps to filing for divorce in Missouri, our divorce attorneys will keep track of all of them for you. If you live in Kansas City, Missouri, contact us to set up a free case evaluation with one of our qualified divorce lawyers.