Why Divorce.com?
Benefits of an online divorce
Divorce.com is a reliable resource for preparing court-required documents to file for an amicable divorce, where both parties agree on the divorce terms. Using this platform, the spouses can get the necessary paperwork without leaving home or hiring an expensive attorney.
Working on divorce papers with Divorce.com is very simple since the system automatically customizes all the forms, according to the state standards and the circumstances of each divorce case. The process is quick and doesn’t require any legal background.
The typical steps each client will take include:
Answering the questionnaire and providing information that will be used to fill out the forms.
Checking and correcting the answers as many times as needed before submitting them.
Downloading the documents in a PDF format and filing them with the court using the filing guide from Divorce.com.
Divorce.com is your ultimate choice for fast and easy divorce documents!
Missouri
Divorce Forms
All the forms required
Filing for divorce in Missouri starts with collecting and filling out the court-required papers. Some of them may be found using official resources, such as libraries and self-help sections on the state's official websites.
Basic Documents Include:
Petition for Dissolution of Marriage (Form CAFC001)
Statement of Property and Debt and Proposed Separation Agreement (Form CAFC040)
Statement of Income and Expenses (Form CAFC050)
Filing Information Sheet
Presumed Child Support Amount Worksheet (Form 14)
Certificate of Dissolution of Marriage
Respondent's Answer to Petition for Dissolution of Marriage (Form CAFC010-R)
Entry of Appearance and Waiver of Service
Acknowledgment of Service by Mail (Form 4B or 4C)
Decree of Dissolution of Marriage (Form CAFC070)
Parenting Plan (Form CAFC501)
Notice of Hearing (Form CAFC721)
Motion in Support of Request to Proceed As a Poor Person
Depending on circumstances, some forms may be unnecessary. For example, spouses without children don't need to file a parenting plan or a presumed child support amount worksheet.
Steps to consider
Filing Requirements
Residency Requirements
Missouri courts can't dissolve a marriage if they don't have jurisdiction over the case. It can only be established if a couple meets the residency requirements.
Family law says that to file for divorce in Missouri, one of the spouses must have lived within the state limits for 90 days before starting the divorce proceedings.
If one of the parties serves in the military, they must be stationed in Missouri for 90 days before filing for divorce.
Grounds for Divorce
Missouri law provides only one no-fault reason for divorce. It's called an irretrievable breakdown of the marriage and means there is no chance for reconciliation.
To use no-fault grounds, both spouses must agree that their marriage is irretrievably broken. Another option is when one spouse alleges it is irretrievably broken and the other doesn't deny it. Otherwise, the petitioner must prove that the marriage is no longer viable using one of the following:
adultery
separation
abandonment
deviant behavior
Initial Filing
Divorces in Missouri are handled by family court, which is a subdivision of circuit court. The spouse initiating a divorce must collect and fill out the divorce forms and bring them to the court situated in the county where the wife or the husband lives.
The initial papers include the Petition for Dissolution of Marriage, Summons, Filing Information Sheet, and other documents.
Two copies of each form should accompany the packet of original papers.
Filing Fees
Filing fees in Missouri vary between the counties, from $130-$150. If a person can't afford to pay the filing fee, they can ask the court to waive this payment.
To apply for the waiver, a person must file a Motion and Affidavit in Support of Request to Proceed As a Poor Person.
The form contains questions about the person's financial situation, such as monthly income, expenses, total assets, and debts. It will help the judge decide whether to waive the court fees.
Serving the Respondent
The next step after filing the petition and other papers is to notify the respondent. Again, it's essential to use the correct method, or the case may be dismissed.
The Missouri court rules allow one of the following ways:
by waiver of personal service from a respondent where they need to sign the Entry of Appearance and Waiver of Service form
personal service by a sheriff
by a private process server
by publication
Waiting Period
At least 30 days must pass between the date a petitioner filed the Petition for Dissolution of Marriage and the hearing where a judge will issue a divorce decree.
This period is also used for a respondent to file the answer. In addition, the couple must attend a parenting class and the litigant awareness program if they plan to proceed without lawyers.
After the waiting period ends, the petitioner can ask to schedule a court hearing.
Finalizing a Divorce Case
Depending on the county court rules, the spouses must go through a settlement conference or case management before scheduling the final hearing.
Again, some circuit courts put the case on the docket automatically, whereas others require a request from a petitioner.
Both parties must appear in the courthouse on the assigned date and present their case and supporting evidence to the judge. The dissolution becomes final 30 days after the judge issues the final judgment.
Filing basics
Filing for Divorce
Missouri
How to get started
Filing for divorce in Missouri starts with collecting and filling out the court-required papers. Some of them may be found using official resources, such as libraries and self-help sections on the state's official websites.
Basic Documents Include:
Petition for Dissolution of Marriage (Form CAFC001)
Statement of Property and Debt and Proposed Separation Agreement (Form CAFC040)
Statement of Income and Expenses (Form CAFC050)
Filing Information Sheet
Presumed Child Support Amount Worksheet (Form 14)
Certificate of Dissolution of Marriage
Respondent's Answer to Petition for Dissolution of Marriage (Form CAFC010-R)
Entry of Appearance and Waiver of Service
Acknowledgment of Service by Mail (Form 4B or 4C)
Decree of Dissolution of Marriage (Form CAFC070)
Parenting Plan (Form CAFC501)
Notice of Hearing (Form CAFC721)
Motion in Support of Request to Proceed As a Poor Person
Depending on circumstances, some forms may be unnecessary. For example, spouses without children don't need to file a parenting plan or a presumed child support amount worksheet.
Custody Basics
Any divorce case with minor children must address child custody issues. The parents can submit a proposed parenting plan jointly or separately with custody arrangements, visitation, and residential time.
Missouri family law has several options for child custody:
Sole physical custody, where a child permanently lives with a primary custodial parent.
Sole legal custody, where only one parent decides how to raise the child.
Joint physical custody, where the kids live with each parent according to a residential schedule.
Joint legal custody, where the parents have equal decision-making rights.
Missouri judges are more inclined to order joint custody to ensure the child’s frequent contact with both parents. However, if one parent is guilty of any offense where children were victims, they won’t get custody rights.
The judge will also consider other relevant factors, such as:
the parents’ ability and willingness to ensure the child’s frequent contact with the other parent;
the child’s relationships with parents, siblings, and other relatives;
the health of all individuals involved;
the history of abuse, etc.
Uncontested Divorce
An uncontested divorce is a peaceful alternative to traditional litigation, allowing couples to avoid court trials. Anyone can use this method if they resolve their disputes before filing their petition. They must agree on property division, child custody, child support, and alimony.
The spouses will still need to conclude a mutual settlement agreement and go to court because the judge must ensure that the terms of this agreement comply with the following requirements:
it’s completed in good faith and respects the rights and obligations of all parties
child-related arrangements adhere to the child’s best interests
property, such as real estate, assets, and debts, is divided according to the state’s “equitable distribution” principle.
Using Divorce.com, couples with an amicable divorce can obtain their paperwork without wasting time or money. Our service will promptly generate all the legal papers to start a divorce in Missouri.
Support Basics
Missouri courts calculate the child support obligation using the Income Shares Model. The state guidelines have a detailed table based on the parents’ combined income and the number of children.
The payment will terminate when a child reaches 18, becomes emancipated, self-supporting, or dies. However, if a child reaches 18 and is still enrolled in a secondary school, support will continue until graduation or the age of 21. Additionally, if they are disabled, the court can extend financial payments.
The factors that might influence the child support amount are:
the parents’ and child’s financial needs and resources;
the standard of living before the divorce;
the child’s physical and emotional state;
educational and medical needs, etc.
The court orders can also include the provision for the parent receiving support to provide an expenses report regularly.
