When you decide that a divorce is in your best interest, you may be eager to get this matter done and over with as quickly as possible. However, you may not have considered whether or not there is a waiting period you must adhere to before you can complete your divorce. As such, if you are getting ready to file, you’ll want to keep reading. The following blog explores what you should know about these complicated matters, including the importance of working with St. Louis County divorce lawyers to help you navigate this often overwhelming process.
What Is the Waiting Period for Divorce in Missouri?
While many are eager to file for divorce and have their marriage dissolved as quickly as possible, it’s imperative to understand that there are some limitations in place. The first thing you must consider when filing for divorce in Missouri is the residency requirements. In order to obtain a divorce under Missouri state law, you or your spouse must be a resident of the state for at least 90 days prior to filing.
Generally, when you file for divorce in Missouri, there is a mandatory 30-day period in which no further action can be taken. This is referred to as a “cooling-off” period, as it allows the filing spouse time to reconsider their decision if they determine that divorce is no longer in their best interest. During this 30-day period, you and your spouse must live separately from one another. However, the law is flexible, so you may remain in the same home so long as you do not sleep in the same room and avoid interaction when possible.
It’s also important to consider the fact that Missouri does not allow at-fault divorces. While some states do allow couples to file on the grounds that one party is responsible for the breakdown of the marriage, whether due to adultery or abuse, this is not the case in Missouri. As such, you can file for divorce at any point without having to prove that your spouse has abandoned you for one year, for example.
How Do I File?
If you’re ready to file for divorce, understanding the steps you must take to initiate this process is critical. Generally, the first step you must take is to file the petition for the dissolution of your marriage with the court. This is the document in which you will explain why you are filing for divorce, as well as the relief you are seeking. This generally refers to matters like alimony and child support. Once you file this petition, you must serve your spouse with a copy of the petition and a summons. They will issue a response to the terms and conditions you are seeking. If they agree with the relief, your divorce will be uncontested. If they do not agree to all of the terms, your divorce will be contested and require mediation or litigation to settle.
As you can see, filing for divorce in Missouri can be a complicated process. That is why it is in your best interest to connect with an experienced divorce attorney with the Stobie Family Law Group. Our team understands how overwhelming these matters can be to navigate on your own, which is why we are committed to helping you through these difficult times. Contact us today to learn how we can assist you.
