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One issue that must be determined by the court in every dissolution of marriage (divorce) proceeding in the state of Missouri is the division of property and debts.Missouri is not a community property state.
Separation simply means living apart. You do not need to file court papers to separate. The law does not require you to live with your spouse.A mediator or lawyer can help you and your spouse reach an agreement.
Missouri recognizes legal separation and, in fact, encourages couples to choose it before filing for divorce. Missouri law states that legal separation is designed to give couples the opportunity to resolve their differences while apart.
Missouri happens to be a dual-property state, meaning property can either be marital or non-marital. It is also an equitable distribution state, meaning if the property must be divided, it is split equitably between the spouses.
In Missouri, the grounds for a legal separation are the irretrievable breakdown of the marriage that may also include adultery, abandonment, separation caused by misconduct in the year before filing, spousal behavior that the other partner cannot reasonably be expected to live with, and living apart and separate for
To file for legal separation, one or both parties need to file a petition to their circuit county court. Once the petition is filed, the court will enter a judgment of legal separation if it finds a reasonable likelihood that the marriage can be saved and that the marriage is not irretrievably broken.
Will a Missouri Judge Split Our Property 50/50? In Missouri, divorce courts follow an equitable distribution of propertynot a community property (50/50) approach. This means a judge will divide your marital property equitably or fairly, but not necessarily equally.
Before filing, one party must have lived in Missouri for at least 90 days. To go into effect, a legal separation requires at least 30 days from the time of filing.