FAQ
Divorce
Do you have to be physically separated in Missouri before filing for divorce?
No, in Missouri, there is no requirement that you have to be physically separated, living in different homes, before you can file for divorce.
Do you have to have a reason to get divorced in Missouri, like “reconcilable differences”?
No, in Missouri you do not have to have a reason to get divorced; you just have to swear that the marriage is “irretrievably broken,” whatever that means to you.
CUSTODY
What age do kids get to decide who to live with?
RSMO Section 452.375 governs the award of physical custody in Missouri. A child can decide at age 18 what parent they want to live with. There are circumstances where children younger than age 18 may want to change the custody order; in which case, you should seek the advice of an experienced family law attorney to discuss options for changing the custody schedule.
Spousal support
How long will I have to pay spousal support or maintenance?
Missouri statute 452.335 governs the award of spousal support, known as maintenance. In Missouri, there is no calculation for how long you will have to pay spousal support. Missouri has modifiable and non-modifiable maintenance options for spousal support. Modifiable maintenance is the situation where there is a set amount paid, but there is no specific time-period for how long that support has to be paid. Non-modifiable has to be agreed to by the parties in a settlement, setting out a specific amount of support to be paid over a specified period of time.
How much will I receive in spousal support?
Missouri statute 452.335 governs the award of spousal support, known as maintenance. The amount of spousal support that an individual may receive depends on many factors, including the income of both parties and the reasonable needs of the person receiving support. There is no calculation for an amount of spousal support in Missouri. Spousal support is based on the reasonable needs of the recipient, and their ability to support themselves; it is no longer based on “the lifestyle to which they’ve become accustomed” as it was in the past.
Child support
If we have our kids equally, do I have to pay child support?
Child support in Missouri is determined per RSMO Section 452.340 and is calculated using the Form 14 created by the legislature. The calculation takes into account the gross income of both parties, the cost of health insurance to cover the children, and the number of overnights each parent will have with the children, among other factors. If there is a difference in the incomes of the parties, then one parent may pay child support to the other, even if they have equal time with the children.
How long do I have to pay child support?
Child support in Missouri is determined pursuant to Missouri statute 452.340 which provides that child support continues until a child reaches age 18, unless the child is enrolled in a vocational school or post-secondary school by October 1 after they graduate from high school; then, if the child abides by the requirements for notification to the paying parent for their grades and classes, and remains in good standing with a full course load, child support continues until the child reaches age 21.
Orders of protection
Can I get an order of protection against my neighbor?
Yes, depending on the conduct at issue. If an unrelated person is stalking you, meaning that they are engaging in a course of conduct that causes fear or alarm by a person, a court may enter an order of protection for the conduct to stop and the person to refrain from contacting the petitioner. Missouri Orders of Protection are issued per RSMo Section 455.
Can I get an order of protection for my ex harassing me over text?
Yes, depending on the number of texts, the frequency of the texts, and the content of the texts. If an ex is sending text messages that would cause alarm or fear to an individual, and the texts are sent multiple times on multiple occasions, a court may enter an order of protection, ordering the individual to cease and desist all contact with the petition.