Serving Clients Since 1979
Kansas City Divorce Lawyers
Divorce is rarely easy. It is often a difficult process, dealing with messy, challenging, uncertain, and emotional personal relationships. During such a time, it is vital to have the guidance and counsel of an attorney you can trust to give you trusted advice and to ensure that your property, financial interests, and parental rights are protected.
At Krigel & Krigel, our experienced family law team can provide the representation you need for any type of divorce, whether contested, uncontested, high net worth, or in a same-sex relationship. Our goal is to help you resolve the divorce as effectively and efficiently as possible, preferably without the need for stressful and unnecessary litigation. We take a reasoned approach designed to serve the best interests of all involved using negotiation skills and mediation as needed to help you maintain control of the vital decisions involved in the divorce process.
Contact a Kansas City divorce attorney at Krigel & Krigel to discuss your case during a confidential consultation. You can reach us at (816) 578-0077.
Divorce in Missouri
As in other states, divorce in Missouri is referred to as “dissolution.” It starts when one spouse files a petition for divorce with the court. Missouri provides no-fault grounds for divorce based on irreconcilable differences that mean the marriage cannot be saved and is irretrievably broken. This is the quickest way to obtain a divorce as you will not have to prove marital misconduct on the part of your spouse in court.
However, you and your spouse will need to agree on all issues relevant to your divorce, such as child custody, child support, spousal support, and the division of marital property and debt. You and your spouse can come to a marital settlement agreement on the issues through negotiation or mediation. If these means fail, your divorce is considered to be “contested” and will need to proceed to trial. Fortunately, most divorces are settled outside of court and our divorce lawyers will work on your behalf to achieve this goal.
Missouri basically does not consider “fault” in a divorce unless a spouse denies that the marriage is irretrievably broken. When this is the case, the spouse who has filed the divorce petition will be required to produce evidence as to why the marriage is no longer viable.
This evidence can be based on:
- Abusive or cruel conduct
- The fact that the spouses have lived separate and apart based on a mutual agreement for a minimum of 12 months before filing for divorce or have lived separate and apart without a mutual agreement for at least 24 months before filing for divorce
Divorce Issues in Missouri
Marital property division under Missouri law falls under the concept of “equitable” distribution. This means a fair but not always an “equal” division of property. Under the Revised Statutes of Missouri, 452.330, courts will look at many factors when dividing marital assets including the conduct of the spouses during the marriage.
Section 452.335 also provides factors that can be used to decide the issue of spousal maintenance or alimony, which is decided on a case-by-case basis. The issue of child support is also governed under section 452.340 and calculated according to state guidelines.
Child custody in Missouri is based on the best interests of the child. Courts generally prefer joint custody arrangements so that the child can continue to have a meaningful relationship with both parents where possible.
Questions or Concerns? Talk to a Divorce Lawyer in Kansas City Today.
Divorce is a big step that entails countless decisions that can impact your life and that of your children for years to come. Ensure that you come out the other side in the best possible financial and parental position. Contact Krigel & Krigel for experienced and dedicated legal support.