File For Divorce in Springfield, MO
Learn the Laws & Costs Associated With Divorce
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.
Does It Matter Who Files for Divorce First in Missouri?
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
- 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 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 knows how to help you secure the resolution you need.
- Our Springfield, MO divorce lawyers can help you with cases involving:
- Military Divorce
- Property Division
- Alimony / Spousal Support
- Child Custody
- Child Support
- Visitation Rights
Common Questions About Divorce
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:
- Adultery committed
Living apart before filing divorce
- 12 months (willingly) OR
- 24 months (unwillingly)
- Criminal activity
- 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
- Each spouse’s financial situation
- How much each spouse contributed to the attained property
- Value of non-marital property
- Spouse’s conduct
- Where are the children going to live
Begin Rebuilding Your Future - Get a FREE Consultation Now!
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.
(417) 288-4433 or
contact us online to request your free phone consultation today.