Missouri Divorce Procedures
Another term for divorce is dissolution of marriage. During the divorce process, from the date on which the divorce documents are served to the Respondent, the divorce needs at least 6 months for the completion. This duration is increased if the case is a contested one.
Getting started with Missouri Divorce Procedure
New Missouri Laws were made effective on 28th August 1998 as per which the divorce procedure in this state can be defined as follows.
- A petition must be filed. This contains the following data
- Who is the petitioner?
- Who is the Respondent?
- Location of their marriage
- Other details regarding their circumstances
- As per Section 452.310.2, this document must be signed by the petitioner and the signature must be notarized
- In cases where minor children are involved, the petitioner has to file a parenting plan as per Section 452.310.7
- A majority of counties in this state demand a Family Court information sheet also known as Form 17
- The court issues a Summons. This is a document that intimates the Respondent that the divorce case has been initiated and provides the Respondent basic data regarding the case. A copy of all documents that have been filed in the court are forwarded to the Respondent as per Section 452.311
- While filing the documents in the court, the Petitioner ought to disburse a filing fee. The circuit court wherein the case is filed sets local rules regarding the payment of this fee
- As per Section 452.300, the divorce case should be filed by the Petitioner in the county wherein the Petitioner resides or in which the Respondent resides
- On receiving the divorce documents, the Respondent is expected to file an Answer. In this Answer, the Respondent can deny or admit the issues mentioned in the petition
- The Answer must bear the signature of the Respondent and this signature must be notarized
- In cases where the Respondent fails to file an Answer, the court reserves the right to enter a default judgment
- It is not practical to procure a money judgment in a default judgment. In other words, the Petitioner cannot get an order from the court as per which the Respondent has to pay the petitioner any money
- If the Respondent defaults within the stipulated period, but approaches the court at a latter stage and requests that the default judgment should be neglected, it is very likely that the court may accept this request.
- If the Respondent default but proves in the court that the Respondent was not at fault in the default, the court sets aside a default dissolution
Missouri Divorce Procedure if the Respondent cannot be located
- The service can be done by publication, or
- A private investigator can be hired. In July 2004, such an investigator charged approximately 150 USD to locate the Respondent, or
- The Petitioner can perform a records check on the Internet. This work can also be done by the Private investigator or an attorney
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