Divorce FAQ Category
A common misconception is that there is a magic age when children can simply tell a judge they want to live with one parent over the other, and that is the end of the case. This is not true. A child’s wishes as to who her custodian would be is one of eight factors a court must consider in making a custody decision. A custody order must be in the child’s best interest. What a child wishes may be contrary to that child’s best interest. A Parenting Plan is not required for children 18 and over, so it could be said that the answer to this question is 18.
It is usually best to avoid discussing with the child where he or she wants to live. Children most often love both parents, no matter how bad one or both may be. Asking them to say where they want to live puts too much pressure on most children, and actually could end up damaging your relationship with them.
There is no way to predict how much a divorce will cost because no two divorces are alike. It is significantly less expensive if you can (more…)
It depends. If you and your spouse can reach an agreement on the division of property and debts, as well as the custodial arrangements for the children, then a divorce can be completed within 45 to 60 days. (more…)
No. Missouri does not require the reason for the divorce to be stated in your petition. The only thing you have to say is that the marriage is irretrievably broken and that there is no likelihood that it can be preserved. So long as the other party agrees, you do not have to tell the judge the reason you want a divorce.
You have only 30 days from the date you received the Petition to file a response. This response is called an Answer. If you do not file the Answer within the 30 day time frame, your spouse can go to court and get a default judgment without (more…)
No. It is unethical for one attorney to represent both spouses in a divorce. If one attorney is used, that attorney represents only one of the spouses. It is not necessary for both parties to hire an attorney, however, and some attorneys will represent one party and proceed with the divorce without another attorney becoming involved.
Yes, usually. Under some circumstances you and your spouse might agree to file the petition in a different county. This is something you would need to discuss with your attorney.
The divorce petition is the document filed with the court clerk that starts the divorce process with the court. Missouri law requires that certain things be contained in the petition. The petition will tell the court who you are, who your spouse is, whether you have children, where you are each employed, where you live, and other identifying information. The petition is also (more…)