For many, the idea of filing for a divorce can be overwhelming, as there is a substantial amount of paperwork and documents that must be exchanged. In addition, you’ll need to make difficult decisions regarding property division, alimony, child support, and custody, all of which can be overwhelming. As such, if you are considering a divorce, you may wonder if you should file first. The following blog explores the steps you must take in Missouri to pursue a divorce, the advantages you can seek by filing first, and the importance of connecting with St. Louis County divorce lawyers during this process.

How Do I File for Divorce?

If you have decided to file for divorce, understanding the steps you must take is critical. Generally, the first thing you must do is determine if you meet the eligibility requirements to file. The first criterion is the residency requirement, which means you or your spouse have lived in the state as a resident for at least 90 days.

Next, you’ll need to ensure you meet the grounds to file. Missouri does not accept any fault grounds as a reason for a divorce, meaning you must prove that your marriage has been irretrievably broken. To show that you have met these requirements, prove the following circumstances:

  • You and your spouse have lived apart for at least 24 months or 12 months if the divorce is mutual
  • Your spouse was unfaithful
  • Your spouse has exhibited behavior that makes marriage impossible
  • Your spouse abandoned you six months before the divorce

Once you have met the requirements to file, you’ll need to obtain the necessary papers and file them with the district court clerk. There are many documents you must file in addition to the official divorce form, so it’s in your best interest to connect with an experienced attorney to ensure you file all necessary paperwork to prevent delays or issues with your case.

Are There Advantages to Filing for Divorce First?

It’s important to understand that generally, it does not matter who files for divorce first, as the court will not favor the filer over the respondent simply because they filed first. However, there are some advantages you can receive if you pursue this option first.

If you choose to file, you are able to choose where the divorce will happen. If you and your spouse have lived apart for the required time period and reside in different counties, you may be able to file in your county. This can be more convenient for you, as you may not have to drive to their county for the necessary proceedings.

Another slight advantage you can reap if you file first is that you’ll have more time to plan and get your finances in order. When you file, your spouse becomes the respondent, and they will have 30 days to file a response to the petition. This can be a stressful time, as they are processing the divorce while also gathering the necessary documents and determining what issues they want to fight in court. However, by filing first, you do not have the stress of trying to navigate these matters.

Filing for divorce can be a complicated emotional, legal, and financial matter, which is why you should connect with an experienced attorney if you’re ready to file. At Stobie Family Law Group, our dedicated team of attorneys will do everything possible to assist you through these matters so you can focus on healing from this difficult time in your life. Contact our office today to discuss your circumstances with a member of our staff.