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File For Divorce in Springfield, MO

Understanding Divorce in Springfield: Laws & Costs

Are you considering a divorce? At the Shuler Law Firm, LLC, our Springfield, MO, divorce lawyers have over 20 years of experience representing clients facing complex family matters. Our decades of insight can help you make the best decision at every turn to ensure that your rights are protected, and your future is preserved.

Filing for Divorce in Missouri: Who Should File First?

Yes, it can matter who files for divorce first in Missouri. The person who files first is called the "petitioner," and the other person is called the "respondent." The petitioner has the initial advantage in the divorce process, as they are the one who sets the pace of the case and determines to address the divorce issues. But on the other hand, the respondent can respond to the petition and ask for changes to the divorce terms.

There are a few advantages to filing for divorce first in Missouri:

The petitioner can choose the judge who will hear the case. Choosing a judge can be essential if the petitioner prefers a particular judge or believes a certain judge will be more sympathetic to their case.
The petitioner can ask for temporary orders, such as restraining orders or orders for child custody, before finalizing the case.
The petitioner can start the process of dividing assets and debts sooner.

However, there are also some disadvantages to filing for divorce first in Missouri:

The petitioner may be required to pay the respondent's attorney fees if they cannot afford them.
The petitioner may be more likely to pay alimony or child support.
The petitioner may be less likely to get what they want in the divorce settlement if the respondent is willing to fight for what they want.

Ultimately, deciding whether to file for divorce first in Missouri is a personal decision. There is no right or wrong answer, and the best decision for someone may not be the best for another.

Therefore, it is essential to talk to our Springfield divorce attorneys to discuss your options and to get direction on how to proceed.

Whatever you face in a Missouri divorce, we are ready to be at your side to face those challenges. We understand this is an overwhelmingly emotional time in your life, and our team of divorce lawyers know how to help you secure the resolution you need.

Our Springfield, MO divorce lawyers can help you with cases involving:

Comprehensive Guide to Missouri Divorce FAQs

What is a “dissolution of marriage”?
This term is used in Missouri, but it’s synonymous with “divorce”. It technically means that the bonds of matrimony are dissolved.
What are the grounds for divorce in Missouri?
Missouri is a no-fault divorce state. This means that to get a divorce there doesn’t need to be any proof of fault. Instead, a divorce can be granted because the marriage is “irretrievably broken”.
What other factors do the courts consider?
Although Missouri is a no-fault divorce state, some factors the courts might still consider are:
1. Adultery committed
2. Living apart before filing divorce
  - 12 months (willingly) OR
  - 24 months (unwillingly)
3. Criminal activity
4. Spouse abandoned for 6+ months
Are there any residency requirements?
Yes. One of the spouses must have established residency for at least 90 days before the couple can file for divorce.
How is property split during a divorce?
Missouri divides property based on “equitable distribution”. The courts will split the property based on what they determine is fair, but they will not use a 50/50 standard. Some factors involved in this decision include:
1. Each spouse’s financial situation
2. How much each spouse contributed to the attained property
3. Value of non-marital property
4. Spouse’s conduct
5. Where are the children going to live

Contact Our Springfield Divorce Lawyers for a Free Consultation

From uncontested divorces to contested child custody disputes, our Springfield divorce lawyer knows how to handle it all. We are well-prepared to protect your interests and help you preserve your right to build a stronger, brighter future. Discover how our dedicated legal team can help you.

Commonly Asked Questions

What are the benefits of hiring a Springfield, MO divorce lawyer?

Hiring a Springfield, MO divorce lawyer can provide numerous benefits during the divorce process. With over 20 years of experience, our lawyers at Shuler Law Firm, LLC, offer deep insights into family law, helping to protect your rights and preserve your future. They can guide you through complex legal matters, assist in negotiating fair property division, alimony, child custody, and support arrangements, and represent your interests in court if necessary. Their local knowledge of Springfield courts and judges can be invaluable in achieving a favorable outcome.

How does Missouri's no-fault divorce law affect my divorce case?

Missouri's no-fault divorce law means that you do not need to prove fault, such as adultery or abandonment, to obtain a divorce. The primary requirement is that the marriage is 'irretrievably broken.' This can simplify the divorce process as it avoids the need for evidence of wrongdoing. However, factors like adultery or criminal activity can still influence the court's decisions on alimony, property division, and child custody. Our experienced divorce lawyers can help you understand how these laws apply to your specific situation.

What should I consider before filing for divorce in Springfield, MO?

Before filing for divorce in Springfield, MO, consider factors such as your financial situation, living arrangements, and the well-being of any children involved. It's also important to understand Missouri's residency requirements, which mandate that at least one spouse has lived in the state for 90 days prior to filing. Additionally, think about the potential need for temporary orders regarding custody or support. Consulting with our Springfield divorce lawyers can help you prepare and make informed decisions.

How is child custody determined in a Springfield, MO divorce?

Child custody in Springfield, MO, is determined based on the best interests of the child. The court considers various factors, including the wishes of the parents and the child, the child's relationship with each parent, the child's adjustment to home, school, and community, and the mental and physical health of all parties involved. Our divorce lawyers can help you navigate the custody process, advocate for your parental rights, and work towards a custody arrangement that supports your child's well-being.

Call (417) 288-4433 or contact us online to request your free phone consultation today.

One-on-One Legal Support for Every Step of Your Divorce

Divorce is something you should never have to face alone. When you face such an intensely personal legal matter, you need a legal advocate who will come alongside you to provide clear, knowledgeable advice and tireless protection of you and your children’s best interests.

At our Springfield, MO divorce law firm, we are known for professional representation that comes with personable service. Attorney David Shuler will meet with you face to face to discuss your situation, review your legal options, and begin crafting a tailored approach to help you successfully resolve your divorce. From the very start to the finalization of your divorce, Attorney Shuler will work with you to provide the personal, dedicated counsel you need.

Discover how we can help you reach the future you deserve. Call (417) 288-4433 or email us today to schedule a consultation with our Springfield, MO divorce lawyer.

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Advocating for Clients' Rights for Over 20 Years

At Shuler Law Firm, LLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

"I'm very pleased and I definitely recommend. I got the exact outcome I wanted too."
My experience with Shuler Law office was very good. I had about a year long case for what started as a custody case that ended in a parenting plan. David and Tamee were great. I was in touch with Tamee quite a bit throughout the whole process and she was great at getting back with me quickly and answering any questions I had.

- Amanda S.
"Worth every dime!"
Amazing!!! Worth every dime!! Tammie is amazing to work with.. she was super helpful and super patient with our fairly difficult case. She did everything possible to get our case done as quick and cheap as possible. I would give them a million stars if I could!!!

- Savannah L.
"Shuler Law Firm is hands down the best law firm for divorce."
I called three different lawyers about my case and Tamee was very helpful and took my difficult case. They were with me every step of the way and did their best to conserve money.

- Katie D.
"Absolutely awesome to work with!"
Absolutely awesome to work with! Tammie went above and beyond! She promised our case would be done in six months and it was. She answered all of my calls and questions and I couldn't think of better people to work with!!! Thank you Shuler Law Firm for helping us in our step parent adoption, the kids could not be happier!!!!

- Tiffany E.
"I have only the kindest regards for the Shuler team!"
Tamee was most accommodating, and helpful throughout a very difficult crisis in my life. She truly went above, and beyond what I could have hoped for and has helped my mother and myself throughout this very difficult time. Thank you so much for taking the extra effort to help us get matters resolved!!! I would highly recommend the Shuler team to anyone in need of a truly professional, and caring law firm.

- George B.
"Always there when I need him!"
Ive hired David a couple of times. Once with my divorce and he did real good and got what I wanted. The second time i was in a motorcycle accident, not my fault, and he went after the insurance company. Got my bills paid for, missed work pay and then some. I would hire him any day!

- Glen D.
"Thank you again Tamee and David for everything!"
Shuler Law Firm took care of all my needs for my case and I appreciate how attentive Tamee was. She made sure I was aware of every step and everything turned out great. They were prompt and forthcoming.

- Vic K.
"I will definitely use them again if any matter arises! Highly recommended!!!"
I hired David Shuler for a matter a few months ago. He handled my case efficiently and made sure that everything was taken care of, as he promised. His paralegal, Tamee, was always very helpful and was quick to respond to any of my questions!

- Stephanie H.

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Contact Our Family Lawyer in Springfield, MO Today!

Call (417) 288-4433 or email us to request a free phone consultation or to set up an in-person appointment.

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