FAQ

What Should You Think About Before Filing for Divorce?

How much will it cost for the husband and wife to live apart?
How much will it cost to support the children?
How much will the divorce cost?
The husband and wife must wait to go to court at least 30 days after filing for divorce and service on the other spouse.
It will take longer if the spouses can't agree on some things.
A lawyer may ask them to talk with a marriage counselor to see if they can work out their problems.
The lawyer gets paid for trying to solve their problem, even if he doesn't succeed.

What About Custody of the Children?
The judge will be particularly concerned about what is best for the children rather than the adults. Missouri law says that children cannot be taken out of the state or from the parent who has had the custody of them until after the case is decided.
The judge will think about:

the wishes of each parent
the wishes of the children, depending on how old they are
where the children will get along better
the best interests of the child

Usually the parent who does not have primary custody is expected to support the children. Missouri law provides strict guidelines for parents who wish to relocate from their residence after a judgment has been entered.

Does Missouri Have a No-Fault Divorce Law?
Yes and no. Generally, one person doesn't have to prove that the other one is at fault in order to get a divorce. But the court can consider fault in deciding child custody, maintenance, or division of property issues.

What If Your Spouse Files for a Divorce?
You will get a summons and a petition. If you do nothing the judge decides, and you may not get your say in what happens. Your lawyer may file an answer for you within 30 days after you receive the summons. You may contest the divorce, custody, and child support or how the property is to be divided.

What Will a Lawyer Charge?
Usually lawyers charge by how much time is spent working on your case. Ask the lawyer about fees the first time you meet. Ask about court costs in your county. You will have to pay your lawyer's fee regardless of the result.

What is child support?
Child support is money that a non-custodial parent is ordered to pay on a regular basis to help pay for the costs of raising his or her child.

What is a child support order?
A child support order is a document from a court or Division of Child Support Enforcement (D.C.S.E.). It states 1) when, 2) how often and 3) how much a parent is to pay for child support. A child support order is usually included in a divorce judgment or paternity judgment.

Am I entitled to obtain a child support order?
If you have physical custody of your child rather than legal custody, if you are in the process of getting divorced, or if you are separated from your spouse, or if you have actual custody of a child for whom paternity has not been legally determined and there is no support order, then you are probably entitled to obtain an order for child support.

What amount will I receive for child support?
The State of Missouri has established guidelines for child support orders. These guidelines consider the needs of the child(ren) and the income of each party, i.e. the custodial and non-custodial parent, and costs for childcare and health insurance. Therefore, the amount of child support you receive will be different depending on your individual circumstances.

When does the child support obligation end?
Usually, child support will terminate at the age of emancipation, which differs in each state. In most cases in Missouri, the obligation to pay child support will end when the child is between the ages of 18-22 years. The actual date of emancipation will depend on whether the child has graduated from high school and is attending some form of higher education. Other factors include whether the child is married, is on active duty in the armed forces, or is self-supporting.

What is Adoption?
Adoption is a legal process, which establishes a parent/child relationship between two people who are not otherwise related by blood. There are three sets of participants in an adoption: the petitioners (the adoptive parents, who are seeking to adopt the child); the child to be adopted; and the birth parents (the biological parents of the child to be adopted). Not only does the adoption create a new legal relationship between the adopted parents and the child, but it also severs or terminates any legal relationship existing between the child and his or her biological parents. It is, therefore, a significant legal, financial, social and emotional step for all parties involved.

While most adoptions involve children, occasionally petitioners may seek to adopt an adult (a person over the age of 18 years). The information you will find here, deals primarily with the adoption of children under the age of 18, but the basic procedures discussed apply to all types of adoptions. When the person to be adopted is 18 years or older the consent of the biological parents is not required.

The decision to place a child for adoption may arise under a variety of circumstances. Occasionally, parents find it impossible to financially support their child or children. After considering other options, they may determine that placing their child for adoption is the most responsible course of action. More often, unwed parents find that they are unable to assume the responsibilities of parenthood and feel that adoption would be in the best interest of their child.
Another adoption situation is that in which a stepparent seeks to adopt the child or children of his or her current spouse. For example, this may occur when the biological parent remarries after the death of a spouse or after a divorce where the other biological parent is willing to consent (agree) to the adoption, or has abandoned his or her parental role and responsibility. A similar situation may arise when a child is born out of wedlock and the biological parent later marries, with the stepparent desiring to adopt the child. These are known as stepparent adoptions.

*Information taken from "Family Law Resource Guide", provided by the Missouri Bar.

How is the Property Divided?
In deciding how to divide the property fairly, the judge considers how much each spouse has helped to get the property, which parent the children will live with to give him or her a good home, and whether either spouse abused the other.

The husband and wife may write an agreement on their support and the support and custody of the children, and an agreement about how the children spend time with each parent. The judge must approve this agreement.

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