Contemplating divorce is difficult. Whether or not you are sure you want to end your marriage, it helps to learn the basics of the divorce process. Should you conclude that divorce is necessary, it is important to seek the assistance of an experienced family law attorney. Our approach in every case is to try to do everything that can and should be done to insure our client is in the strongest possible position to negotiate a settlement or present a contested case to the court in a trial.
Divorce Process
The person initiating the divorce files a request with the Court (a petition); a statement listing all of their property; a statement of their current income and expense; and if there are children a custody schedule.
All of these papers are "served" on their spouse.
The spouse files a response (answer) to the request (petition); ); a statement listing all of their property; a statement of their current income and expense; and if there are children a custody schedule.
Each party has an opportunity to review documents, ask questions of their spouse in written or oral form, and ask for documents from third parties. (Discovery) This includes complex financial and business evaluations.
If the parties cannot agree on a custody schedule (Parenting Plan) or if there are concerns about the children a Guardian ad Litem may be appointed. (A guardian ad litem is a person that represents the children in the divorce process.)
An opportunity for settlement negotiations with the other side will occur via written and oral correspondence.
Discussions with the Judge and the other side will occur during one or more settlement conferences.
A written agreement of all issues will be presented to the Court in a settlement agreement or the matter will be tried to the Judge.
ISSUES:
Child Custody - legal custody (who makes decisions)
physical custody (who has the child in their care)
Child support - Guidelines are set out in Missouri Child Support Guidelines. (link)
Spousal support/Maintenance-formerly called alimony
Division of Property and Debt -equitable not necessarily equal but fair and reasonable