Identifying Requirements with a Divorce Law Lawyer in Lee’s Summit, MO

by | Dec 19, 2018 | Lawyers

In Missouri, divorce proceedings require each party to fulfill certain obligations. The separation of two lives involves an even split of the marital assets and determinations about child custody and support. A divorce law lawyer in Lee’s Summit, MO can explain what is required of each party and how to get a divorce as quickly as possible.

How Does a No-Fault System Work?

In a no-fault divorce system, neither spouse can utilize fault-based divorce grounds to file for a divorce. The parties are limited to irreconcilable differences or irretrievable breakdown. Under the laws, both are unable to use fault-based grounds to make allegations in the divorce.

Residency Requirements for Petitioners

Any petitioner who wants to file for a divorce must live in the state for at least ninety days. Certain counties may have residency requirements as well. The petitioners must review any additional residency requirements and provide a copy of their new state-issued license or a copy of their lease to their attorney.

Notifying the Defendant

When notifying the defendant, an officer of the court must serve them with the divorce summons and necessary documents. However, certified mail could be used to ensure that the defendant receives the documents and the sender acquires a signature proving that the documents were delivered properly. If the spouse is aware of the divorce, the defendant could sign an affidavit stating they acknowledge the divorce proceedings.

Is a Court Date or Hearing Necessary?

A court hearing isn’t required in all divorce cases. If the parties agree to the terms and they both sign the papers, the divorce is filed through the court without a hearing. Court dates are necessary if a divorce trial is needed, a default motion is filed, or if a separate hearing is needed for child custody arrangements.

In Missouri, divorce proceedings require the petitioner to provide proof of residency to start their case. The petitioner is limited to no-fault divorce grounds and cannot utilize common grounds that require proof. The defendant must be notified of the divorce according to state laws. Petitioners who are ready to start a divorce case can contact a divorce law lawyer in Lee’s Summit, MO or visit us website right now. You can also visit them on their YouTube Channel.

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