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Divorce laws are enacted and interpreted by each of the respective states. This means your state and local family law court determines such things as divorce case filing and pleading procedures, spousal and child support payments, custodial rights of parents and the division of community property. Since laws get amended and new ones get made with some frequency, consult with an experienced family lawyer in your county for the most current status of the law. The family lawyer you choose should also be knowledgeable with the local courts and jury sentiment.

RESIDENCY REQUIREMENTS AND WHERE TO FILE:

To file for a divorce in Missouri, either party must be a resident of the state for at least 90 days prior to filing. The petition, under the June 1, 2003 law shall be filed in the circuit court in the county where either party resides. [Based on Missouri Revised Statutes, Section 452.240 and 452.305.1]

LEGAL GROUNDS FOR DIVORCE: A dissolution of marriage may be granted on the grounds that there remains no reasonable likelihood that the marriage can be preserved and that therefore the marriage is irretrievably broken. If the defendant denies that the marriage is irretrievably broken, the plaintiff must prove one or more of the following:

* The respondent committed adultery and to continue the marriage would be intolerable;

* The respondent has behaved in such a way that continuing the marriage would be intolerable;

* The the respondent abandoned the petitioner for at least six months prior to the filing of the petition;

* That the parties have lived separate and apart by mutual consent for at least 12 months prior to filing;

* That the parties have lived separate and apart for a continuous period of at least 24 months prior to filing. [Based on Missouri Revised Statutes, Section 452.305.1 and 452.320]

LEGAL SEPARATION: A legal separation may be granted on the same grounds as a dissolution of marriage. In a legal separation, the court may make provisions for the custody and the support of each child, the maintenance of either spouse and the disposition of property. The parties may also reach a mutual agreement on maintenance of either spouse, the division of any property owned by either of them, and the custody, support and visitation of their children. Custody, support, and visitation of the children is subject to modification. [Based on Missouri Revised Statutes, Section 452.305.1 and 452.325.1]

MEDIATION OR COUNSELING REQUIREMENTS: When children are involved, the court may order counseling for the children. The court may also order the parties to participate in an alternative dispute resolution program to resolve any issues in dispute, except in cases of uncontested custody cases or if there is a finding of domestic abuse. [Based on Missouri Revised Statutes, Section 452.318 and 452.372]

PROPERTY DISTRIBUTION: Missouri is an equitable distribution state, meaning that if the parties can't reach a mutual agreement concerning the division of the marital estate, the court will distribute the property and liabilities in an equitable, but not necessarily equal fashion. The court will take the following factors into consideration when making it's decision: (1) The economic circumstances of each spouse, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children; (2) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; (3) The value of the non-marital property set apart to each spouse; (4) The conduct of the parties during the marriage; and (5) Custodial arrangements for minor children.

Property not subject to division is considered separate property, and includes: (1) Property acquired by gift, bequest, devise, or descent; (2) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent; (3) Property acquired after a decree of legal separation; (4) Property excluded by valid written agreement of the parties; and (5) The increase in value of property acquired prior to the marriage, unless marital assets including labor, have contributed to such increases and then only to the extent of such contributions. [Based on Missouri Revised Statutes, Section 452.330]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Maintenance may be awarded to either spouse if the court finds that the spouse seeking maintenance lacks sufficient property, to provide for his or her reasonable needs, and is unable to support himself herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. When awarding the duration and amount of maintenance, the court shall consider all relevant factors including:

1. The financial resources of the spouse seeking maintenance, including marital property awarded to him, and his ability to meet his needs independently, including any provisions for child support for that party as custodian;

2. The time necessary to acquire sufficient education or training to find appropriate employment;

3. The comparative earning capability of each spouse;

4. The standard of living established during the marriage;

5. The obligations and assets of each party;

6. The duration of the marriage;

7. The age, and the physical and emotional condition of the spouse seeking maintenance;

8. The ability of the obligated spouse to meet his needs while meeting the needs of the spouse seeking maintenance;

9. The conduct of the parties during the marriage; and

10. Any other factors that the court deems relevant .

Remarriage of the spouse receiving alimony shall relieve the other spouse from the obligation to pay alimony. [Based on Missouri Revised Statutes, Sections 452.075 and 452.335]

SPOUSE'S NAME: Even though there is no specific statute that addresses changing a spouses name as part of a petition for dissolution of marriage, a person may petition the circuit court for a name change. The petition shall set forth the petitioner's full name, the new name desired, and a concise statement of the reason for such desired change. The court will grant the name change if such judge is satisfied that the desired change would be proper and not detrimental to the interests of any other person. [Based on Missouri Revised Statutes, Sections 527.270]

CHILD CUSTODY: If the parents can't reach a mutual agreement concerning custody of the children, the court shall determine custody based on the best interests of the child, considering all relevant factors including:

1. The wishes of the parents concerning custody and the proposed parenting plan submitted by both parties;

2. The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively involved in meeting the needs of the child;

3. The relationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests;

4. Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;

5. The adjustment of the child to the child's home, school, and community;

6. The mental and physical health of all individuals involved, including any history of abuse of any individuals involved;

7. The intention of either parent to relocate the principal residence of the child; and

8. The wishes of a child as to the child's custodial parent.

When determining custody, there shall be no preference given to either parent in the awarding of custody because of that parent's age, sex, or financial status, nor because of the age or sex of the child. [Based on Missouri Revised Statutes, Sections 452.375]

CHILD SUPPORT IN MISSOURI: The courts use the "Income Shares" model for child support, meaning that the level of support is based on the combined income of both parents. The Missouri child support guidelines contain specific, descriptive and numeric criteria which will result in a computation of the support obligation. You can use Form 14 (this is a pdf file) to calculate the amount of child support that will be ordered, based on the Schedule of Basic Child Support Obligations

HOW TO ENFORCE CHILD SUPPORT IN MISSOURI – THE 2008 FEDERAL OPTION

Federal Options Enforcement (CSE) Program is a federal/state/local effort to locate parents, their employers, and/or their assets; establish paternity if necessary; and establish and enforce child support orders. The federal role is to provide funding, issue policies, ensure that federal requirements are met, and interact with other federal agencies that help support the CSE program.

How and where do I apply?

In most states, CSE offices are listed under the human services agency in the local government section of the telephone directory. If there is not a separate listing, the human services agency information operator should be able to give you the number. State CSE agencies are listed at the end of this brochure; they also can provide telephone numbers for local offices.

Call your Child Support Enforcement office to learn how to apply for enforcement services and what documents (birth certificates, financial statements, etc.) you should provide.

What are the steps to collecting support?

The first step, if a child was born out of wedlock, is to establish paternity - or make a legal determination of who fathered the child. Many men will voluntarily acknowledge paternity. Either parent can request a blood test in contested paternity cases. Your caseworker will help you to establish paternity for your child.

Establishing the obligation is the next step. The fair amount of child support that the non-custodial parent should pay is determined according to state guidelines. Your CSE office will be able to tell you how support award amounts are set in your state. Your CSE office can also request medical support for your child.

The last step is enforcement of the child support order. The CSE office can help with collecting the money due no matter where the non-custodial parent lives.

At any of these steps, the CSE office may need to know where the non-custodial parent is living or where he/she is working. When a parent has disappeared, it is usually possible for the CSE office to find him/her with the help of state agencies, such as the Department of Motor Vehicles, or the Federal Parent Locator Service. Your caseworker can tell you what information is needed to find an absent parent or his/her employer.

The most successful way to collect child support is by direct withholding from the obligated parent's paycheck. Most child support orders require the employer to withhold the money that is ordered for child support and send it to the CSE office. Your Child Support Enforcement office can tell you about this procedure.

Federal and State Income Tax refunds may be withheld to collect unpaid child support. States also have laws, which allow them to use: liens on real and personal property; orders to withhold and deliver property; or seizure and sale of property with the proceeds applied to the support debt. Many states routinely report child support debts to credit bureaus and smart parents are bringing their payments current so that their credit won't be affected.

For More Information write for the 2008 Handbook on Child Support Enforcement by contacting:

ACF OCSE National Reference Center

370 L'Enfant Promenade, S.W.

4th Floor Washington, DC 20447

(202) 401-9383

IS A LAWYER NECESSARY FOR MY CASE?

If the marriage was less then a year, you have no children, if there is no real estate, and if a marital settlement has been reached, the spouses may and should consider a fast and simplified divorce solution.

No person seeking a divorce is actually required by law to use an attorney. If a person does plan to represent themselves (not recommended) during the proceedings, they should not expect the court clerks, bailiff and/or judge to assist them or provide legal advice in any way. Most spouses do however, at least at some point, consult with an attorney before proceeding with doing the divorce themselves.

Under most circumstances, a lawyer is ethically prohibited from representing both parties in a case. This is called a legal conflict of interest. Lawyers should only represent one party. Notwithstanding, in practice many people choose to have just one lawyer handle most of the paperwork such as the legal documents, including a separation agreement. In this situation, you must keep in mind that the lawyer who drafted the documents should and usually is only be representing one party. In some states, they follow a collaborative divorce process in which the mediator/lawyer works with both parties to achieve one common goal: to reach agreement on settlement of the issues and to have that agreement reduced to a writing and then into a court order.

Most lawyers do not charge a flat fee for a divorce unless the divorce is very simple, and both parties have agreed to the division of property and custodial issues at the outset. Instead, a lawyer will usually request a cash retainer from the client, not unlike a security deposit and charge for the lawyer’s time as the case moves forward. The amount of lawyer fees is one very important factor to consider. However you should also take into account the attorney’s legal experience and the complexity of the case. Lawyers are prohibited from charging a contingent fee for a divorce. Once a fee arrangement has been made, the lawyer is in most cases must prepare a written contract reflecting the agreement if full.

If there is a great disparity of income with regards to payment of the attorney fees, a judge may determine that one person should pay for the other person’s attorney fees. Most often however, a judge determines that each party has the ability and should to pay his or her own fees.

CHOOSING THE RIGHT FAMILY LAWYER

If you have decided to go with a lawyer you have a very important choice to make.

You could think of the process of choosing a lawyer like any other significant purchase. The same kind of careful and methodical considerations you put into a major purchase is not unlike the kinds of considerations you need to make when you are looking for the right divorce and family lawyer.

Before you start, you’ll need to choose what qualities you want in your family lawyer. There are a number of qualities that you should expect your lawyer to have. These basic qualities include:

Good standing with their state bar: In other words, the bar association which licenses the attorneys in your state considers this lawyer is fit to practice law.

No disciplinary sanctions: A disciplinary sanction is an action taken against a lawyer by the state agency that regulates lawyers. If a lawyer has a sanction, be sure to investigate, taking into account the severity of the sanction and how long ago it occurred. A sanction can be a minor reprimand, or it can be a very serious punishment like suspension or disbarment from practicing law.

Experience with cases like yours: Most lawyers concentrate in a few areas of the law such as adoption and mediation. Once you know what these areas are, it’s easier to find lawyers with the experience and skills that are relevant to your situation.

Good communication skills: Regardless of your family law case issues, you want someone who keeps you informed and stays in touch, every step of the way. Legal matters can be confusing and your attorney is your advocate and guide. Don’t settle for anything less.

Once you’ve covered the basics, you may think of other qualities you’d like your lawyer to have. A few questions to consider:

Is this lawyer’s office convenient to your home or office?

How much does the lawyer charge?

GET CURRENT WITH THE 2008 FAMILY LAW CODE OF MISSOURI:

http://www.moga.state.mo.us/statutes/C452.HTM