Common Divorce Questions Answered
If you are getting a divorce, you likely have many important questions
that need to be answered as quickly as possible. At Hogan Law Group, we
believe that with the right representation, our clients will be afforded
the best protection throughout the divorce process.
Whether you are concerned about your property rights, or the
custody of your children, we strive to provide you with nothing short of the best
legal advocacy. We want to give you peace of mind and make the divorce
process as painless and stress-free as possible.
We encourage you to read our frequently asked questions about divorce below.
If you have other questions or would like legal assistance, please do
not hesitate to contact us directly to set up a free case evaluation.
What are the grounds for divorce in Missouri?
Missouri is a "no-fault"
divorce state, which means that if one of the parties testifies that the marriage
is irretrievably broken, the spouses will get a divorce and the marriage
will be legally over.
Is there a residency requirement?
Yes there is, you or your spouse must have been a resident of Missouri
for at least 90 days before filing the petition for dissolution.
Where do I file the petition?
You can file the petition in the county where you live or the county where
your spouse lives.
What happens once I file the petition?
If your spouse fails to file an answer within 30 days of being served
the petition, he or she is considered to be in default. This means that
the court can enter a default judgment granting you the divorce, however,
the court will likely set aside the default if your spouse requests it.
Will we split property 50/50?
Missouri is not a community property state where marital property is split
down the middle. Instead, Missouri is an equitable distribution state,
which means the court will distribute marital property between the spouses
in a manner it believes is equitable (fair), but this does not necessarily
Is spousal support automatically awarded?
In the past, husbands were routinely ordered to pay
spousal support, (now called "maintenance" in Missouri), which is not that easy
to get. In order to receive maintenance, you must meet a threshold test,
and if you pass that test, the court will consider a variety of factors
when deciding on the amount of maintenance to be awarded.
Will I get custody of the children?
Missouri favors joint custody, which is where the parents share major
decisions and each have a significant amount of time with the children.
In cases where the parents cannot agree on a parenting plan, and
mediation is unsuccessful, the courts will make a decision based on the best interests
of the children.
Helping the Residents of St. Louis for Over 20 Years
If you have more questions, we would love to answer them in a free case
evaluation. The decision to hire a St. Louis divorce attorney is important,
and your choice of lawyer can have a direct impact on the future of your family.
It is our goal to help your case get resolved successfully and amicably,
no matter how complex your case is. We want to protect your best interests
and with more than 20 years of experience, we are more than confident
in our ability to help you obtain the favorable results you need.
Contact Hogan Law Group to schedule your free consultation.