In Missouri, the law requires all divorce petitioners to fulfill certain prerequisites. These prerequisites apply to residency and the divorce grounds. The petitioner must establish residency to provide jurisdiction. They must also choose divorce grounds that explain why they are filing a motion. A Divorce Attorney in Jefferson County MO guides these petitioners through these steps.
Residency Requirements for Divorce
The residency requirements for divorce in Missouri petitioners to live in the state for ninety days. They cannot file a motion for divorce until this requirement is fulfilled. This applies to civilians as well as military families. A service member must be in the state ninety days after their return from a deployment.
Divorce Grounds in Missouri
The most common divorce ground used in Missouri is an irretrievable breakdown. No-fault divorce cases use this ground to indicate no responsibility for either party. Both parties can sign the a joint divorce motion with this choice.
Fault-Based Divorce Grounds:
Fault-based grounds begin with adultery. The petitioner needs credible evidence or a sworn statement from the defendant for this divorce ground. Credible evidence is obtainable through a private investigator. The divorce attorney recommends investigators who have worked with the court previously.
Abandonment indicates that the spouse left on their own accord and chose not to return. It further indicates that the spouse cut off the petitioner from all financial resources during this time. The state requires the spouse to be absent for at least one year to use this divorce ground.
Domestic violence may require additional steps. The petitioner has the right to seek protection from the court, if they are the victim. They need a copy of all reports filed against their attacker. Documented evidence acquired by law enforcement officers is also needed. A protection order prohibits all contact with the petitioner.
In Missouri, divorce petitioners must follow all guidelines pertaining to their case. This includes fulfilling all prerequisites ordered by the court such as establishing residency and choosing divorce grounds. Petitioners must follow all guidelines for fault-based divorces as well. They must secure evidence as directed under local divorce laws. Petitioners who need to speak to a Divorce Attorney in Jefferson County MO should contact the Wegmann Law Firm today.