If you have been thinking about getting a divorce, you have a lot of considerations to keep in mind. You might also have a lot of questions. This is perfectly normal since divorce is such a big step. It can be scary to take this step, especially if you are not sure what the divorce process entails.
Your divorce lawyer in St. Louis, MO can help you to understand the divorce process in the state of Missouri a lot better. Being prepared for what is to come can help you to be ready for the divorce and all of its inconveniences and discomforts. Being prepared in advance can also help you to have reasonable expectations about your divorce.
What is the Divorce Process in Missouri?
There are various added steps that might be necessary if you and your former spouse share a business, for example, or a significant number of large joint assets. Make sure that you tell your lawyer about these kinds of shared items so that your legal team can work from the start toward getting you an equitable share of the property and any income related to the business or things like rental homes.
Meet With a Divorce Lawyer
The first thing to do is to meet with a skilled and experienced divorce attorney when you are ready to get started on your divorce. There are all kinds of things that need to be attended to when it comes to divorce and you will want to be sure that you don’t try and go it alone throughout the divorce. From child custody agreements to splitting up assets, having a legal team on your side can make a big difference in the outcome of your case.
Your lawyer will need to know what you want to get out of the divorce as far as possessions, income, and child custody. They can’t ask for things that you don’t tell them that you need, after all. Be sure to communicate effectively with your lawyer so that you don’t have to give up more than you should at the end of the divorce.
File the Case
Your attorney will need to file the case with the local circuit court once you know what demands you want to make. This will include the work to file a Petition for Divorce. You will need to provide things like financial statements and maybe even medical records if you are seeking spousal support. You will also pay a filing fee.
Serve the Pleadings
Once the case has been filed, the court will create the summons to court, which is an order that requires your spouse to respond within 30 days. The summons and the other documents related to your divorce will need to be filed, and then they will be formally served.
A sheriff or a legal court processor will have to deliver the documentation to your spouse. This will then start the 30-day timeline that allows for your spouse to take action to defend themselves, such as securing their own attorney.
Wait for a Response
When your spouse responds within the 30-day window for the pleadings, you will then be given a court date and some other information for your case. If your spouse never shows up at the hearing that is meant to let them know about the divorce and its potential complications, your divorce might be resolved through a default judgment.
Settlement Conference
Many of the cases that could be brought to a judge are resolved in settlement conferences. This is a meeting between the attorneys from both sides of the case and the judge. The attorneys from both sides of the case will make their arguments about a variety of issues to the judges.
There are usually 3-6 of these court-appointed dates throughout your divorce. This is a very big step, and you should not enter into it lightly. The goal of settlement is always to resolve the case before it lands on trial. You should hope that your case will be resolved through a settlement because the process is so much easier and less costly.
Discovery
When the first court date is set, your lawyer will need to collect documents and financials as well as other documents to argue your case for you. Tax returns, medical records, and pay stubs are commonly required to work through the financial aspect of the case. Some people will be awarded alimony etc.
PDL Hearing
After the responsive pleadings are filed, either party can file a PDL Motion, which creates temporary custody and applies for support for the custodial parent during the case. These motions settle in most cases without the need to be presented to a judge.
Depositions
Depositions are often expert testimony about the reasons for specific requests and demands that have been made by one party or another. This might be to attest to physical limitations that lead to a need for spousal support, as an example.
Trial and Settlement
Once the judge has heard all the evidence, they will pass along a decision about the divorce and the parenting plan. You can present evidence during the court case if you feel that you must.
You will have to remember that a judge will make the final call about your divorce if you don’t manage to get an agreement taken care of during mediation.
Post Trial and Appeals
The case does not have to end with a determination that you don’t like. You can appeal the court’s decision and ask for another review of your case. Post-trial motions have to be filed by your attorney, but you have four months to tackle this important task.
Being Informed About the Divorce Process is Key
If you have been thinking about getting a divorce, you need to be sure that you keep these process notes in mind. These are the steps and stages that you will need to take before, during, and after your divorce.
