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The court may grant maintenance if it finds that the spouse seeking maintenance does not have sufficient property to provide for his/her reasonable needs and is unable to support himself/herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
There is no pre-determined formula to determine the amount or length of maintenance.
If there are significant issues upon which you and your spouse cannot agree to resolve, those issues will have to be resolved by a judge.
It is necessary for the attorneys to gather and exchange all of the information concerning what is in your children’s best interests, as well as information regarding your residence, mortgage, vehicles, loans, bank accounts, credit cards, and all of your other assets and debts.
You must be a resident of Missouri for at least 90 days before you can file for divorce.
If children are involved and they do not have the necessary “ties” with the State of Missouri, then the opposing party may contest the divorce filing in Missouri if the filing party has only resided in the state for the requisite 90 days.
It is important to know that unless your spouse is personally served, the court cannot decide custody of the children, child support, or divide marital property. A spouse can date at any time after a party has filed for divorce, but it is not something that an attorney would advise their client to do.
It is certainly in your best interest to hire an experienced divorce attorney to make sure that your rights are asserted and your assets are protected in the long-term.Missouri men’s divorce attorneys provide answers to frequently asked questions with regards to the divorce process and divorce laws in Missouri. It is not necessary to show that either one of the parties was at fault.The statutory basis for a divorce in Missouri is that there is no reasonable likelihood that the marriage can be preserved and, therefore, the marriage is irretrievably broken.If the court does not find that the marriage is irretrievably broken, then the court will grant a legal separation. However, marital fault (including dissipation of marital assets, improperly increasing marital debt, and extramarital affairs) is a factor that can be considered by the court in deciding other issues including maintenance (or alimony) and the division of marital property.If your spouse does not want a divorce and denies that the marriage is irretrievably broken, you may still obtain a divorce.
If the parties have a trial, the judge may only award modifiable maintenance – which means that the spouse that is ordered to pay maintenance would have to come back to court in the future to terminate or reduce his/her monthly maintenance obligation.