Divorce Providing Your Family With Needed Legal Divorce Counsel

St. Louis Divorce Lawyers

Helping Clients Through Divorce in Missouri

The decision to end a marriage is never an easy one, but it is sometimes unavoidable. Once this decision is made by either spouse, each party should take the necessary legal steps to protect their assets and minor children.

At Lake Munro, our St. Louis divorce attorneys can effectively guide you through this process to ensure the fair representation and advocacy of your best interests and goals.

Filing for divorce in Missouri? Call Lake Munro, LLC today at (314) 648-2186 or contact us online to schedule a meeting with one of our divorce attorneys in St. Louis!

Missouri Divorce Process

Once you have decided that divorce is the correct option for your situation, you must file the paperwork necessary to begin this legal proceeding. The exact forms could vary depending on the courthouse you choose, but our attorney will ensure you complete and file the appropriate documents.

After you have filed the paperwork, you must serve the other party with papers to allow them to respond.

Once there has been a response, Missouri law requires both parties to disclose all:

  • Assets
  • Debts
  • Income
  • Marital expenses

Once the pertinent information is exchanged, the parties can either work on a settlement together or with the help of a judge.

Is Missouri a No-Fault Divorce State?

Missouri is a no-fault divorce state, meaning either party can file for divorce without proving the other is at fault. To obtain a no-fault divorce in Missouri, one party must state that the marriage is irretrievably broken and irreconcilable differences between the spouses make it impossible to continue living together. A no-fault divorce is typically less expensive and more quickly obtained than a fault-based dissolution of marriage.

Additionally, like any other state, Missouri has specific laws regarding spousal support and the division of assets during a divorce. It is essential to understand these laws before filing for a no-fault divorce to ensure that all parties involved receive their fair share of property and support payments following the finalization of the dissolution of marriage.

Missouri’s Marital Property Laws

The state of Missouri operates under a "dual-property" law. This means that the court divides property based on what they consider to be marital and non-marital. Marital property is all property and assets acquired during the marriage. The court will divide this property between the two parties unless either can prove that it should be non-marital. For example, if one party received an inheritance while married, the court could classify this as non-marital property.

Non-marital property is not divided between the spouses because the court views these assets as belonging to one person rather than both people. Additionally, any pre or post-nuptial agreements may factor into the judge's decision, so if you have assets you would like to protect, this document may be the right choice.

Dividing Property and Assets in a Divorce

While all marital assets are subject to division during a divorce, all separate property is not. Anything you obtained or accumulated before marrying your spouse or filing for divorce is considered individual property. Therefore, if you purchased a gun, for example, before your trip down the aisle, it would likely be separate property, and you would keep it. That said, if you still owed money on certain assets, such as a gun, a car, or another asset you could not pay in full at the time, the funds you used during your marriage to finish these payments may blur the lines between separate and marital property in court.

Below are some of the factors a judge will consider when dividing assets and property:

  • The economic circumstances of each spouse, including their prospects for future income.
  • How much each spouse contributed in terms of acquired property throughout the marriage.
  • Each spouse’s behavior during the marriage. For example, if one spouse wasted marital assets, the other spouse may be awarded a larger share to make up for the loss.
  • Custodial arrangements you may have for any minor children.
  • The value of each spouse’s separate property.

After examining these factors and anything else pertinent, a judge will assign marital property, assets, and debts.

Proving that your property is separate can be a complex task, and, in Missouri, a principle known as the “source of funds rule” is followed. Essentially, it means that, when determining separate and marital property, a judge will examine who paid for the property and how.

Do I Need a Divorce Attorney?

If you are involved in a Missouri divorce case, consulting an experienced St. Louis divorce lawyer is essential. Court procedures and laws can be complex, especially if you have significant assets, a pre- or postnuptial agreement, or minor children. The Clayton divorce attorneys of Lake Munro are well-versed in the intricacies of the divorce process and are here to advise you.

Contact Our St. Louis Divorce Attorneys Today

At Lake Munro, our divorce attorneys in St. Louis County care about you and do everything we can to ensure we understand and pursue the goals and needs of our clients. We will work with you to create a strong and realistic strategy for your case and represent your best interests both in and out of the courtroom.

Contact Lake Munro, LLC today to schedule a FREE consultation with one of our divorce lawyers in St. Louis!

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Hear What Our Clients Have to Say
  • “Ryan is a very thorough and an attorney that helped me out when I needed him the most. I would highly recommend Ryan.”

    - Jason
  • “We had an hour-long, free introductory consultation. Wow, am super impressed. We had a very focused discussion where he directly addressed my questions. He seemed quite strategic, broadly informed, and was also attuned to the limits of his knowledge.”

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  • “Divorce is not easy as it can be a very emotional time. Ryan did a great job of listening, giving me all of my options, and representing me in a very professional manner. I would highly recommend working with Ryan.”

    - Alan
  • “While I understand my situation is not unique, I never felt like I was just another case in his book. I knew I had a friend in my corner. A friend who not only knows how to fight, but just as importantly, when to.”

    - Dan
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