New York Divorce Basics

A divorce in New York is also referred to as a Matrimonial Action. The spouse bringing the action is known as the plaintiff, and the other spouse is known as the defendant.

Residency Requirement:

To file for divorce (or annulment or legal separation) in New York the following requirements must be met:

The couple was married in the state, either spouse is a New York resident when the action is filed, and has been residing in the state for at least one year before filing;

The parties have resided in New York as husband and wife and either party is a New York resident when the action is commenced and has been a resident for at least one year before filing;

The grounds occurred in the state and either party has been a New York resident for at least one year before filing; or

Either party has been a New York resident for at least two years prior to filing the action.

Filing:

A New York State Supreme Court is the only type of court that handles divorce cases and a Supreme Court judge is the only person who can legally grant a divorce. To initiate a divorce action, the Plaintiff, spouse initiating a divorce action, will need to buy an Index Number at the County Clerk’s office and file a Summons with Notice or a Summons and Verified Complaint in the Supreme Court in the county where either spouse lives.

Copies of the paperwork must be served on the Defendant, other spouse, to give notice that the Plaintiff has started a divorce action.

An Index Number is a unique number assigned by the County Clerk’s office to every action or proceeding commenced within the New York State Supreme Court.

Abandonment:

There are special proceedings to dissolve a marriage on the ground of absence if the petitioner is a resident of New York and has been so for one year immediately preceding the commencement of the special proceeding; the matrimonial domicile at the time of the disappearance of the absent spouse was within the state; and the absent spouse has been gone for five successive years without giving any indication to his/her spouse that he/she is still alive.

Spouse’s Name:

In a divorce action, the final judgment shall contain a provision that each party may resume the use of his/her pre-marriage surname or any other former surname.

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Legal Grounds for Divorce

New York was the last state to allow for no-fault divorce grounds. Prior to the new law for no-fault divorce which took effect in October, 2010, the only way to obtain a divorce without proving fault was to first live apart for a year and agree to settlement terms.

The statutory grounds for divorce in New York are now as follows:

1. Cruel and inhumane treatment of one spouse by the other that endangers the physical or mental well being of the spouse, making it unsafe or improper for the spouses to continue living together;

2. Abandonment for a period of one or more years;

3. Confinement of one spouse in prison for a period of three or more consecutive years after the marriage;

4. Adultery;

5. The spouses have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the decree or judgment was granted, and satisfactory proof has been submitted by the plaintiff that he/she has substantially performed all the terms and conditions of the decree or judgment;

6. The spouses have lived apart pursuant to either a written agreement of separation or a memorandum (with specific information), for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he/she has substantially performed all the terms and conditions of such agreement, which is filed in the office of the clerk of the county where either spouse lives; or

7. The relationship between the spouses has broken down irretrievably for a period of at least six months.

If a couple wants use to grounds that the marriage is irretrievably broken, one spouse must make this claim under oath. In addition, to receive a divorce decree under these grounds, the couple must reach an agreement regarding distribution of marital property and debt, spousal support, child support, custody and visitation, and payment of related fees and expenses, or the court must make determinations regarding these issues and they must be incorporated into the judgment of divorce.

In order to obtain a divorce under grounds of adultery, the following must be true:

The other spouse did not procure the adultery or connive with the adulterant when the adultery was committed;

The plaintiff has not forgiven the adulterant, which can be shown by the plaintiff voluntarily cohabitating with the adulterant with knowledge of the adultery;

No more than five years have passed since the discovery of the adultery;

The plaintiff has not committed adultery.

Either party has the right to trial by jury on the issues of the grounds for granting the divorce.

Annulment, Declaring a Marriage Void

An annulment establishes that a marriage is not legally valid. The following situations are grounds for annulment.

Bigamy;

One of the spouses was under the age of consent;

One of the spouses is unable to understand the nature, effect and consequences of marriage due to mental incapacity;

Physical incapacity;

Consent to the marriage was the result of force, duress, or fraud; or

After marriage, either spouse becomes incurably insane for at least five years.

In an action to annul a marriage, there is a right to trial by jury of all the issues of fact, unless the action is founded on the grounds of physical incapacity. Proof of any of the alleged grounds must be provided to the court to obtain an annulment.

Property Division

New York is an equitable distribution state. Marital property shall be divided in a fair and equitable fashion. If the spouses cannot reach an agreement on property division and debt and doesn’t have a prenuptial agreement regarding these issues, the court will make the determination.

Ownership of separate property shall remain the same. Marital property will be distributed equitably with consideration of the following criteria:

The income and property of each party at the time of the marriage, and at the time of the commencement of the action;

The duration of the marriage and the age and health of both parties;

The need of a custodial parent to occupy or own the marital residence and to use or own its household effects;

The loss of inheritance and pension rights upon dissolution of the marriage as of the date of dissolution;

Any award of maintenance;

Any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and services as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;

The liquid or non-liquid character of all marital property;

The probable future financial circumstances of each party;

The impossibility or difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party;

The tax consequence to each party;

The wasteful dissipation of assets by either spouse;

Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and

Any other factor which the court shall expressly find to be just and proper.

Spousal Support

Spousal support is decided on a case-by-case basis. When determining whether to award spousal support, the court reviews the following factors.

The length of the marriage;

The ability of each spouse to be self-supporting; and

The circumstances of the case and of the respective parties.

Support may be temporary or permanent. When deciding what amount to award and for how long, the court considers the following criteria:

The income and property of the respective parties including marital property distributed pursuant to subdivision five of this part;

The duration of the marriage and the age and health of both parties;

The present and future earning capacity of both parties;

The ability of the requesting spouse to become self-supporting and, if applicable, the period of time and training necessary;

Reduced or lost lifetime earning capacity of the requesting spouse as a result of having given up or delayed education, training, employment, or career opportunities during the marriage;

The presence of children of the marriage in the respective homes of the parties;

The tax consequences to each party

Contributions and services of the requesting spouse as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other spouse;

The wasteful dissipation of marital property by either spouse;

Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and

Any other factor which the court shall expressly find to be just and proper.

Child Custody and Support

Divorce and Legal Separation in Nevada

Nevada Divorce Basics

Termination of marriage in Nevada is legally referred to as Divorce from the Bonds of Matrimony.

Residency Requirement:

To file for divorce in Nevada, either party must reside in the state for the six weeks immediately preceding the commencement of the action.

Filing:

A Complaint for Divorce may be filed in the district court of any county in Nevada where any of the following conditions exist:

The ground for divorce occurred in the county;

The Defendant resides or may be found in the county;

The Plaintiff resides in the county; or

The parties last cohabited in the county.

Except in summary proceeding for divorce, the proceedings, pleadings and practice must conform to the Nevada Rules of Civil Procedure as nearly as conveniently possible.

Summary Proceeding for Divorce:

A marriage may be dissolved in a streamlined process via summary proceedings when all of the following conditions are met at the time the proceeding is commenced:

Each party has met the residential requirements;

The spouses have lived separate and apart for one year without cohabitation or they are incompatible;

There are no minor children of the relationship of the parties born before or during the marriage, or adopted by the parties during the marriage, and the wife is not pregnant the parties have executed an agreement regarding custody of any children which sets for the amount and manner of their support;

There is no community or joint property or the parties have executed an agreement setting forth the division of the community property and the assumption of liabilities of the community, if any, and have executed any deeds, certificates of title, bills of sale or other evidence of transfer necessary to effectuate the agreement;

The spouses waive any rights to spousal support or the parties have executed an agreement setting forth the amount and manner of spousal support;

The parties waive their respective rights to written notice of entry of the decree of divorce, to appeal, to request findings of fact and conclusions of law and to move for a new trial; and

The parties desire that the court enter a decree of divorce.

A summary proceeding for divorce may be commenced by filing a Joint Petition signed under oath by both spouses in any district court. The Petition must state that, as of the date of filing, all the requirements have been met and specify the facts which support the residency requirements and the grounds for the divorce.

Spouse’s Name:

In all suits for divorce, if a divorce is granted, the court may, for just and reasonable cause and by an appropriate order represented in its decree, change the name of the wife to any former name which she has legally borne.

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Domestic Partnership

Nevada statute defines a domestic partnership as the social contract between two persons who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.

Entering Into a Domestic Partnership:

To be eligible to register a domestic partnership, the two parties must furnish proof of the following to the Office of the Secretary of State:

Both persons have a common residence;

Neither person is married or a member of another domestic partnership that is recognized as valid by the state of Nevada;

The two parties are not related by blood in a way that would prevent them from being married to one another in Nevada;

Both parties are at least 18 years of age; and

Both parties are competent to consent to the domestic partnership.

If the parties meet these requirements, they may register their domestic partnership by filing a form prescribed by the Secretary of State. This form is a signed and notarized statement declaring the following regarding the two parties:

They have chosen to share one another’s lives in an intimate and committed relationship of mutual caring; and

Desire of their own free will to enter into a domestic partnership.

The Office of the Secretary of State shall issue a Certificate of Registered Domestic Partnership to persons who satisfy the applicable requirements.

A solemnization ceremony is not required for domestic partnerships.

Rights and Duties of Domestic Partners:

Domestic partners have the same rights, protections and benefits, and are subject to the same responsibilities, obligations and duties under law, whether derived from statutes, administrative regulations, court rules, government policies, common law or any other provisions or sources of law, as are granted to and imposed upon spouses. The same holds true for former domestic partners as compared to former spouses, and surviving domestic partners as compared to widows or widowers.

The rights and obligations of domestic partners with respect to a child of either of them are the same as those of spouses. The rights and obligations of former or surviving domestic partners with respect to a child of either of them are the same as those of former or surviving spouses. Domestic partners have the same rights to nondiscriminatory treatment as that provided to spouses.

Domestic partnerships or similar legal unions established in other states and jurisdictions must be registered in Nevada as legally required to be recognized in the state as a valid domestic partnership.

Terminating a Domestic Partnership:

Domestic partners who wish to terminate a domestic partnership must follow the procedures set forth in the Nevada statutes regarding dissolution of marriage, unless they qualify for a simplified termination.

Simplified Termination:

A domestic partnership may qualify for a simplified termination proceeding if the following conditions exist at the time of filing:

The domestic partnership has been registered for five years or less;

There are no minor children of the relationship of the parties born before or during the domestic partnership or adopted by the parties during the domestic partnership and no female member of the domestic partnership is pregnant, to her knowledge, or the parties have executed an agreement regarding the custody of any children and setting forth the amount and manner of their support;

There is no community or joint property or the parties have executed an agreement setting forth the division of community property and the assumption of liabilities of the community, if any, and have executed any deeds, certificates of title, bills of sale or other evidence of transfer necessary to effectuate the agreement;

The parties waive any rights to support or the parties have executed an agreement setting forth the amount and manner of support;

The parties waive any right to the conduct of more comprehensive proceedings.

If a domestic partnership meets these criteria, domestic partners may terminate their registered domestic partnerships in the following manner:

File a form prescribed by the Secretary of State which declares that both parties have chosen of their own free will to terminate the domestic partnership; and

Pay a reasonable filing fee to the Office of the Secretary of State, which must not exceed the total of any administrative costs incurred by the Secretary of State.

Legal Grounds for Divorce

In Nevada, a divorce from the bonds of matrimony may be obtained for any of the following grounds:

1. Insanity existing for two years prior to the commencement of the action;

2. The spouses have lived separate and apart for one year without cohabitation; or

3. Incompatibility.

When insanity is claimed as a ground for divorce, the court shall require corroborative evidence of the insanity of the Defendant before granting the divorce. A decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the Defendant.

In any action for divorce when it appears to the court that grounds for divorce exist, the court in it discretion may grant a divorce to either party.

Annulment

All marriages which are prohibited by law because of consanguinity (kinship) between the parties or bigamy are void without any decree of divorce or annulment or other legal proceedings.

A marriage may be annulled for any of the following causes:

Either party is at least 16 years of age, but under the age of 18 years and did not obtain consent of a parent or guardian to marry;

Either party is under the age of 16 years and did not obtain consent of a parent or guardian and judicial consent to marry;

Either party was incapable of consenting to a marriage due to lack of understanding;

The consent of either party was obtained by fraud and the parties have not voluntarily cohabited as husband and wife after receiving knowledge of the fraud;

Any cause which is ground for annulling or declaring a contract void in a court of equity.

An annulment that is sought for lack of consent of a parent or guardian may not be obtained if the minor freely cohabited with the other party to the marriage as husband and wife after reaching the age of 18 years, nor if more than one year has passed since the minor reached the age of 18 years.

The marriage of any insane person shall not be declared void after his/her mind is restored to reason if it appears that the parties freely cohabited together as husband and wife after the insane spouse was restored to a sound mind.

If a marriage was contracted, performed or entered into outside Nevada, one of the spouses must reside in the state for six weeks before filing Complaint for Annulment. However, there is no residency requirement to commence an annulment action if the marriage was contracted, performed or entered into within Nevada.

A cause of action for annulment may be pleaded in the same Complaint with a cause of action for divorce.

Property Division

In any action for divorce, at any time more than 10 days before trial, a party may serve upon the opposing party a written offer to allow a decree to be entered concerning the property rights of the parties in accordance with the terms and conditions of the offer.

If the offer made is accepted by the opposing party and approved by the court, the court shall enter judgment in accordance with the terms and conditions of the offer, with entry of the decree of divorce.

Nevada is a community property state. In granting a divorce, the court shall make an equal disposition of the community property of the parties and property held in joint tenancy. However, the court may make an unequal disposition of the community property in proportions that it deems just if it finds a compelling reason to do so.

If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his/her contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy.

The amount of reimbursement must also not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement in whole or in part, of a party who has contributed separate property, the court shall consider the following factors:

The intention of the parties in placing the property in joint tenancy;

The length of the marriage; and

Any other factors which the court deems relevant in making a just and equitable disposition of the property.

Alimony and Support

In granting a divorce, the court may award alimony to the wife or husband, in a specified principal sum or as specified periodic payments, as appears just and equitable. The court may set apart certain portions of the paying spouse’s separate property for the requesting spouse’s support as is deemed just and equitable.

In addition to any other factors the court considers relevant, when determining whether to award alimony and the amount of the award, the court shall consider the following factors:

The financial condition of each spouse;

The nature and value of the respective property of each spouse;

The contribution of each spouse to any property held by the spouses;

The length of the marriage;

The income, earning capacity, age and health of each spouse;

The standards of living during the marriage;

The career of the requesting spouse before the marriage;

The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;

The contribution of either spouse as homemaker;

The award of property granted by the court in the divorce (other than child support and alimony) to the requesting spouse; and

The physical and mental condition of each party as it relates to his/her financial condition, health and ability to work.

When granting a divorce, the court shall also consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant, when determining whether this type of alimony should be awarded, the court shall consider whether the paying spouse has obtained greater job skills or education during the marriage, and whether the requesting spouse provided financial support while the other spouse obtained job skills or education.

If this type of alimony is awarded, the court shall make provisions regarding the time allotted to the requesting spouse to begin the training or education for his/her job, career or profession.

In addition to any other alimony granted by the court, the requesting spouse may also be granted money to provide for the following:

Testing of the requesting spouse’s skills relating to a job, career or profession;

Evaluation of the requesting spouse’s abilities and goals relating to a job, career or profession;

Guidance for the requesting spouse in establishing a specific plan for training or education relating to a job, career or profession;

Subsidization of an employer’s costs incurred in the requesting spouse’s training;

Assisting the requesting spouse to search for a job; or

Payment of the costs of tuition, books and fees for a GED, career-related college courses, or courses of training in skills desirable for employment.

Unless otherwise ordered by the court, periodic alimony payments must cease upon the death of either party or the subsequent remarriage of the receiving spouse.

Child Custody and Support

Custody:

The Nevada Legislature has declared the following to be state policy:

To ensure that minor children have frequent associations and a continuing relationship with both parents after the parents have become separated or have dissolved their marriage; and

To encourage those parents to share the rights and responsibilities of child rearing.

If a court has not made a determination regarding the custody of a child and the child’s parents are married to one another, each parent has joint legal custody of the child until otherwise ordered by a court.

In determining custody of a minor child, the sole consideration of the court is the best interest of the child. Preference shall not be given to either parent for the sole reason that the parent is the mother or the father of the child.

The court shall award custody in the following order of preference unless in a particular case the best interest of the child requires otherwise:

1. To both parents jointly or to either parent;

2. To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment;

3. To any person related within the fifth degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within the state of Nevada; or

4. To any other person(s) whom the court finds suitable and able to provide proper care and guidance for the child.

In determining the best interest of the child, the court shall consider the following criteria:

The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his/her custody;

Any nomination by a parent or a guardian for the child;

Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the non-custodial parent;

The level of conflict between the parents;

The ability of the parents to cooperate to meet the needs of the child;

The mental and physical health of the parents;

The physical, developmental and emotional needs of the child;

The nature of the relationship of the child with each parent;

The ability of the child to maintain a relationship with any sibling;

Any history of parental abuse or neglect of the child or a sibling of the child;

Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child; or

Whether either parent or any other person seeking custody has committed any act of abduction against the child or any other child.

When there is a finding that either parent has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child, a presumption exists that sole or joint custody of the child by the abusive parent is not in the best interest of the child. The same presumption exists when a determination is made that either parent has committed any act of abduction against the child or any other child.

There is a presumption that joint custody would be in the best interest of a minor child if the parents have agreed to an award of joint custody or agree in open court

Support:

In granting a divorce, the court may set apart certain portions of the separate property of either spouse for the support of their children as is deemed just and equitable.

The parents of a child have a duty to provide the child necessary maintenance, health care, education and support. They are also liable, in the event of the child’s death, for his/her funeral expense. In addition, the father is liable to pay the expenses of the mother’s pregnancy and confinement.

Before a court issues or modifies an order for child support, it shall determine if any of the parties to the proceeding are receiving or have ever received public assistance. If the court determines this to be the case, it shall not waive child support arrearages until after it has provided the Division of Welfare and Supportive Services with notice and an opportunity to be heard regarding the matter.

Nevada used the Flat Percentage of Income Model to calculate child support obligations. It uses the paying parent’s gross monthly income and the number of children for whom support is being ordered and is based on the following schedule:

18% for one child;

25% for two children;

29% for three children;

31% for four children; and

An additional 2% for each additional child.

However, the child support amount may not be more than the presumptive maximum amount per month set forth in a statutory table, which is adjusted yearly. The current amounts are as follows:

For income between $ 0 and $ 4,168 the presumptive maximum amount is $500;

For income between $ 4,168 and $ 6,251 the presumptive maximum amount is $550;

For income between $ 6,251 and $ 8,334 the presumptive maximum amount is $600;

For income between $ 8,334 and $10,418 the presumptive maximum amount is $650;

For income between $10,418 and $12,501 the presumptive maximum amount is $700;

For income between $12,501 and $14,583 the presumptive maximum amount is $750; and

For income equal to or more than $14,583, the presumptive maximum amount is $800.

These presumptive maximum amounts are adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase or decrease in the Consumer Price Index published by the U.S. Dept. of Labor for the preceding calendar year.

The minimum amount of support that may be awarded by a court in any case is $100 per month, per child, unless the court makes a written finding that the paying parent is unable to pay this minimum amount.

If the parents have come to an agreement regarding a child support amount, the parties must certify that the amount agreed to is consistent with the appropriate formula as set forth in the statutes, and if not, they must stipulate sufficient facts which justify the deviation to the court.

Every court order for the support of a child issued or modified in Nevada on or after June 2, 2007, must include a provision specifying that one or both parents are required to provide medical support for the child and any details relating to that requirement.

Medical support includes coverage for health care under a plan of insurance that is reasonable in cost and accessible, including the payment of any premium, copayment or deductible and the payment of medical expenses.

Expenses for health care which are not reimbursed, including those for medical, surgical, dental, orthodontic and optical, must be borne equally by both parents in the absence of extraordinary circumstances.

The court shall consider the following factors when adjusting a child support amount:

The cost of health insurance;

The cost of child care;

Any special educational needs of the child;

The child’s age;

The legal responsibility of the parents for the support of others;

The value of services contributed by either parent;

Any public assistance paid to support the child;

Any expenses reasonably related to the mother’s pregnancy and confinement;

The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the non-custodial parent remained;

The amount of time the child spends with each parent;

Any other necessary expenses for the benefit of the child; and

The relative income of both parents.

If a child becomes handicapped before he reaches the age of majority, his/her parent shall support the child beyond the age of majority until he/she is no longer handicapped or becomes self-supporting.

Legal Separation and Separate Maintenance

Legal separation is also referred to as separate maintenance in Nevada. In all cases for legal separation and separate maintenance, the proceedings and practice must be the same, as nearly as may be, as those provided in actions for divorce. Suit may be brought in the county in which either party resides at the time the suit is commenced, or in the county in which the spouse may be found.

When a person has any cause of action for divorce or when a person has been deserted and the desertion has continued for 90 days, the person may, without applying for a divorce, maintain in the district court an action against his/her spouse for permanent support and maintenance of him/herself and their children.

The court shall have the powers to do any of the following:

Assign and decree to either spouse the possession of any real or personal property of the other spouse (provided it is not contrary to a premarital agreement between the spouses);

Order or decree the payment of a fixed sum of money for the support of the other spouse and their children (provided it is not contrary to a premarital agreement between the spouses);

Provide that the payment of that money be secured upon real estate or other security or make any other suitable provision; and

Determine the time and manner in which the payments must be made.

Links to State Resources

Divorce and Legal Separation in Missouri

Missouri Divorce Basics

Divorce in Missouri is referred to as Dissolution of Marriage.

Residency Requirement:

To file for divorce or legal separation in Missouri, either party must have been a resident of the state, or is a member of the armed services who has been stationed in the state, for 90 days immediately preceding the commencement of the proceeding.

Filing:

A Petition may be filed in circuit court in the county in which either party resides. If an original proceeding is commenced in the county in which the Petitioner (filing spouse) resides, upon motion by the Respondent (non-filing party) filed prior to the filing of a responsive pleading, the court in which the proceeding is commenced may transfer the proceeding to the county in which the Respondent resides if the following is true:

The county in which the Respondent resides had been the county in which the children resided during the 90 days immediately preceding the commencement of the proceeding; or

The best interest of the children will be served if the proceeding is transferred to the county in which the Respondent resides because the children and at least one parent have significant connection with the county and there is substantial evidence concerning the present or future care, protection and personal relationships of the children in the county.

Thirty days must have elapsed since the filing of the Petition and the granting of a divorce.

The rules of the Supreme Court and other applicable court rules shall govern all proceedings for dissolution, legal separation, child support, child custody, division of property and maintenance.

Spouse’s Name:

There is no statute specifically addressing a spouse reverting to his/her former name after divorce. However, statute does allow for name change in general. Therefore, if a spouse wants to change his/her name, a Petition to that effect must be presented to the circuit court of the county of the Petitioner’s residence, verified by affidavit.

The Petition must state the Petitioner’s full name, the new name desired, and a concise statement of the reason for such desired change. If the judge is satisfied that the desired change would be proper and not detrimental to the interests of any other person, the Petition may be granted.

Public notice of the name change must be published at least three times in the county where the Petitioner resides, within 20 days after the court order is made, unless the following is true:

The Petitioner is the victim of a domestic violence crime;

The Petitioner is the victim of child abuse; or

The Petitioner is the victim of abuse by a family or household member.

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Legal Grounds for Divorce

In Missouri, there is only one ground for dissolution of marriage:

There remains no reasonable likelihood that the marriage can be preserved and that therefore the marriage is irretrievably broken.

If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has made the allegation and the other has not denied it, the court, after considering the petition or statement, and after a hearing on the issue, shall make a finding whether or not the marriage is irretrievably broken and shall enter an order of dissolution or dismissal accordingly.

If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospect of reconciliation, and after hearing the evidence shall make a finding whether or not the marriage is irretrievably broken.

In order to make a finding that the marriage is irretrievably broken, the Petitioner must satisfy the court on one or more of the following facts:

That the Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent;

That the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent;

That the Respondent has abandoned the Petitioner for a continuous period of at least six months before filing the Petition;

That both parties have lived separate and apart by mutual consent for a continuous period of 12 months immediately preceding the filing of the Petition; or

That both parties have lived separate and apart for a continuous period of at least 24 months preceding the filing of the Petition.

If the court makes a finding that the marriage is irretrievably broken, it shall enter an order of dissolution. If not, it may enter an order of dismissal.

The court may also continue the matter for further hearing not less than 30 days or more than six months later, or as soon thereafter as the hearing may be scheduled, and may suggest to the parties that they seek counseling. No court shall require counseling as a condition to receiving a decree.

Annulment

Prohibited Marriages:

Marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters (half or whole), between uncles and nieces, aunts and nephews, and first cousins;

Marriage between persons who lack the capacity to enter into a marriage contract;

All marriages where either of the parties has a former spouse still living, shall be void, unless the former marriage has been dissolved;

Either party to the marriage is under 15 years of age;

Either party to the marriage is at least 15 years of age but under 18 years of age, and did not obtain the consent of his/her custodial parent or guardian;

It is the public policy of Missouri to recognize marriage only between a man and a woman. A marriage between persons of the same sex will not be recognized for any purpose in Missouri even when valid where contracted.

Common-law marriages contracted in Missouri are null and void.

Missouri case law shows that the state also permits annulment for other grounds, such as duress; mental illness, insanity, and retardation; lack of physical assent to the marriage; impotency; and entering into marriage due to fraud.

Property Division

In a proceeding for dissolution of marriage or legal separation the court shall set apart to each spouse such spouse’s non-marital property and shall divide the marital property and marital debts in such proportions as the court deems just after considering all relevant factors including the following:

· The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children;

The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;

The value of the non-marital property set apart to each spouse;

The conduct of the parties during the marriage; and

Custodial arrangements for minor children.

Marital property is defined as all property acquired by either spouse after the marriage, except the following:

Property acquired by gift, bequest, devise, or descent;

Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;

Property acquired by a spouse after a decree of legal separation;

Property excluded by valid written agreement of the parties; and

The increase in value of property acquired prior to a decree of legal separation or dissolution of marriage is presumed to be marital property regardless of whether title is held individually or by the spouses in some form of co-ownership such as jont tenancy, tenancy in common, tenancy by the entirety, and community property.

Property categorized a separate property shall not become marital properly solely because it may have become commingled with marital property.

Alimony and Maintenance

In a proceeding for dissolution of marriage or legal separation, the court may grant a maintenance order to either spouse, but only if it determines that the requesting spouse lacks sufficient property to provide for his/her reasonable needs; and is unable to support him/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.

The maintenance order shall be in such amounts and for such periods of time as the court deems just. It may order that alimony be paid in gross or from year to year. The court will consider all relevant factors including the following:

The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;

The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;

The comparative earning capacity of each spouse;

The standard of living established during the marriage;

The obligations and assets, including the marital property apportioned to him and the separate property of each party;

The duration of the marriage;

The age, and the physical and emotional condition of the spouse seeking maintenance;

The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance;

The conduct of the parties during the marriage; and

Any other relevant factors.

The maintenance order shall state if it is modifiable or non-modifiable. The court may order maintenance, which includes a termination date. Unless the maintenance order which includes a termination date is non-modifiable, the court may order the maintenance decreased, increased, terminated, extended, or otherwise modified based upon a substantial and continuing change of circumstances which occurred prior to the termination date of the original order.

When a divorce has been granted, and the court has made an order or decree providing for the payment of alimony and maintenance, the remarriage of the former spouse shall relieve the paying spouse from further payment of alimony to the former spouse from the date of the remarriage, without the necessity of further court action.

Child Custody and Support

Custody:

It is public policy in Missouri that frequent, continuing and meaningful contact with both parents after the parents have separated or dissolved their marriage is in the best interest of the child, except where proven differently. It is also public policy to encourage parents to participate in decisions affecting the health, education and welfare of their children, and to resolve disputes involving their children amicably through alternative dispute resolution.

Courts with jurisdiction, therefore, shall determine the custody arrangement which will best assure both parents participate in decision making and have frequent, continuing and meaningful contact with their children; and shall enforce visitation, custody and child support orders in the same manner.

The Petitioner and Respondent shall submit a proposed parenting plan, either individually or jointly, within 30 days after service of process or the filing of the entry of appearance, whichever occurs first, of a Petition involving custody or visitation issues. The proposed parenting plan shall set forth the arrangements that the party believes to be in the best interest of the minor children and shall include the following:

A specific written schedule detailing the custody, visitation and residential time for each child with each party including major holidays, school holidays, child’s birthday, Mother’s Day, Father’s Day, weekday and weekend schedules, times and places for transfer of the children, etc.;

A specific written plan regarding legal custody which details how the decision-making rights and responsibilities will be shared between the parties including educational decisions, medical, dental and health care decisions, extracurricular activities; child care providers; dispute resolution procedures, etc; and

How the expenses of the child, including child care, educational and extraordinary expenses as defined in the child support guidelines will be paid, including the suggested amount of child support to paid by each party, the party who will maintain or provide health insurance for the child, how the medical, dental, vision, psychological and other health care expenses of the child not paid by insurance will be paid by the parties, child care expenses, etc.

The court shall determine custody in accordance with the best interests of the child. In making a determination, the court shall consider all relevant factors including the following:

The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties;

The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;

The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests;

Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;

The child’s adjustment to the child’s home, school and community;

The mental and physical health of all individuals involved, including any history of abuse of any individuals involved;

The intention of either parent to relocate the principal residence of the child; and

The wishes of a child as to the child’s custodian.

The court will consider the following forms of custody:

Joint physical and joint legal custody to both parents, which shall not be denied solely because one parent opposes this arrangement, and the residence of one of the parents shall be designated as the address of the child for mailing and educational purposes;

Joint physical custody with one party granted sole legal custody, and the residence of one of the parents shall be designated as the address of the child for mailing and educational purposes;

Joint legal custody with one party granted sole physical custody;

Sole custody to either parent; or

Third-party custody or visitation.

In any court proceedings relating to custody of a child, the court shall not award custody or unsupervised visitation of a child to a parent if he/she or any person residing with him/her has been found guilty of, or pled guilty to, various offenses where a child was the victim.

Kansas - Divorce Attorneys

Barnett Law Firm

Kansas City, KS

Personal Injury Law Firm in Kansas City, Kansas

Call (913) 281-3500 Website

Barnett Law Firm is a Kansas City injury law firm serves clients in family law, medical malpractice, and automobile accidents.

Law Firm's Overview

Law Office of David S. Adams

Olathe, KS

Olathe, Kansas Personal Injury, Bankruptcy and Criminal Attorney

Call (913) 782-5500 Website

At the Law Office of David S. Adams, I offer clients timely and helpful legal advice to handle life's most pressing legal concerns. I am David S. Adams and I have been practicing law since 1991. I graduated from the University of Kansas, School of Law, in Lawrence, Kansas, in 1991. I was admitted...

Law Firm's Overview

MyKCLawyer

Kansas City, KS

Kansas City, Kansas Immigration, Criminal Defense, Real Estate and Family Law Attorneys

Call (913) 432-0660

MyKCLawyer.com contains information about three separate law firms in Kansas City, KS. Each firm is dedicated to providing quality legal services in the Greater Kansas City metropolitan area. The offices of Gamble Law, LLC, Rattan Law Firm, LLC, and Marin de Stevanov, LLC, represent clients...

Law Firm's Overview

Ankerholz and Smith

Overland Park, KS

Personal Injury, Work Comp & Divorce Attorneys in Kansas & Missouri

Phone: (913) 345-2000

A personal injury sustained on the job or caused by someone elses negligence often costs more than ones initial medical bills. When head trauma, burns, disfigurement, or severe fractures are involved, people often face long term disability and future medical treatment. At the Overland Park,...

Barbara E. Hecht, P.C.

Overland Park, KS

Family Law, Divorce, Collaborative, Custody, Child Support, Modification, Relocation

Phone: (913) 766-5793

Barnett Law Firm, Chtd

Kansas City, KS

Personal Injury and Family Law Attorneys

Phone: (913) 281-3500

Established in 1973, Barnett Law Firm, Chtd. has been providing exemplary legal services to the Kansas City metro area for over 35 years. Through our decades of practice and service as an established Kansas City metro area law firm, we have earned the respect of our community, our colleagues,...

Depew Law Firm

Neodesha, KS

Southeast Kansas Bankruptcy, Divorce & Estate Planning Attorneys

Phone: (620) 325-2626

Ferree, Bunn, O'Grady & Rundberg, Chartered

Overland Park, KS

Full Service Law Firm in Kansas

Phone: (913) 381-8180

Fletcher & Rohrbaugh, LLP

Olathe, KS

Full Service Law Firm in Kansas City

Phone: (913) 390 8555

J. Steven Schweiker Law Office

Overland Park, KS

Kansas Family Law, Personal Injury, & Federal Criminal Defense Lawyer

Phone: (913) 383-2500

Jeanne M Foster LLC

Kansas City, KS

Family Law

Phone: (913) 233-2611

Judy L. Simon, Attorney at Law

Kansas City, KS

Criminal Law, Traffic Law and Juvenile Law Attorney

Phone: (913) 342-1100

Law Office of James M. Brun

Overland Park, KS

Kansas City Family Law and Criminal Defense Attorney

Phone: (913) 381-2225

The Law Office of James M. Brun represents clients in criminal law and family law throughout the Kansas City Metro area.

Law Office of Kari Nelson

Lawrence, KS

Family Law attorney

Phone: (785) 979-4985

We are here to help in many areas of law that have an affect on the family. We handle child custody, child support, divorce, maintenance, paternity, guardianship, and adoption cases. We also help to prepare families and individuals by working in the area of probate, trust, and wills. Finally...

Law Offices of Darrell Smith

Olathe, KS

Attorneys in Criminal Law, DUI, Traffic and Divorces in Johnson County, KS

Phone: (913) 397-6333

The Law Offices of Darrell Smith mainly handles family law, divorce, child support, child custody, paternity, adoption, name change, criminal defense, sexual predator cases, drug possession, DUI, traffic, expungements and juvenile matters. ; The Office is conveniently located in Olathe, KS...

Law Offices of H. Reed Walker, P.A.

Overland Park, KS

Divorce Attorney in Kansas

Phone: (913) 871-6413

We have over 30 years of legal experience assisting individuals and businesses throughout the Kansas City Metro find solutions to their legal issue. We practice in Johnson, Leavenworth, Wyandotte, Douglas and Miami counties in Kansas and Jackson County in Missouri.

Law Offices of Reginald Keith Davis

Kansas City, KS

Criminal Defense, Family Law, Civil Law and Estate Planning Law Firm

Phone: (913) 299-8789

Mathews Law Group, LC

Leawood, KS

Overland Park Family Law Attorney

Phone: 913-660-0664

The Mathews Group, LC practice family law and divorce including child custody, child support, modifications, adoption and more.~In Leawood, Kansas at Mathews Law Group, LC the attorney provides legal guidance in the areas regarding family law.

McDowell Chartered

Wichita, KS

Kansas Attorneys

Phone: (316) 448-6314

Having years of experience as adoption lawyers, the attorney firm of McDowell Chartered mainly handles various legal matters related to private and stepparent adoption cases. It is a family orientated firm providing legal consultation and representation to its clients. They practice mainly...

Norton Hare, L.L.C.

Overland Park, KS

Kansas & Missouri DUI and Criminal Defense Attorneys

Phone: (913) 906-9633

Norton Hare, L.L.C., is an experienced and successful law firm that provides aggressive representation and legal advice in a variety of legal matters. Our firm practices in all other areas of Traffic Defense, Criminal Defense, DUI, Personal Injury, Medical Malpractice, Divorce, Domestic Relations,...

Paul Morrison Law

Olathe, KS

Overland Park, Kansas Criminal Defense Attorney

Phone: (913) 440-0832

Redmond & Nazar, L.L.P.

Wichita, KS

Wichita, Kansas Civil Law Firm

Phone: (316) 262-8361

Ronald W. Nelson, PA

Shawnee Mission, KS

Kansas Divorce and Family Law Attorneys

Phone: (913) 312-2500

Kansas family law practice including separation and divorce, marital and non-marital property division, spousal support, child custody, parenting time, and child support, establishing parentage, and other family law issues. The firm has specialized knowledge and experience in dealing with...

Schoenig Law Firm, LLC

Olathe, KS

Criminal Defense & Family Law Attorneys

Phone: (913) 712-9750

Olathe, Kansas law firm specializing in Criminal Defense, Family Law, Juvenile Deffense, and Traffic Violations. Experienced trial attorney, former prosecutor.

Sloan Law Firm

Topeka, KS

Corporate, Business, Real Estate & Family Law Firm in Kansas

Phone: (785) 357-6311

Sloan Law Firm was originally formed as Sloan, Hamilton & Sloan in 1930. Our firm has served as a partner in the lives of individuals, families and businesses throughout the Midwest for more than 80 years. Over the years, the firm has grown and adapted, becoming Sloan, Listrom, Eisenbarth,...

Other Offices: Lawrence

Stockton Law Office, LLC

Gardner, KS

Kansas Divorce Attorney

Phone: (913) 856-2828

The founder attorney of Stockton Law Office, LLC, Glenn A. Stockton has years of legal experience in the field of bankruptcy law, family law, and criminal defense matters. He offers a gracious, polite approach that causes working with the lawyer a relaxed, peaceful, and calm experience. Being...

The Law Office of David J. Brown, LC

Lawrence, KS

Kansas Divorce, Family Law, Custody, Wills, Trusts, Estates and Probate Attorney

Phone: (785) 842-0777

The Law Office of Robert E. McRorey

Olathe, KS

Olathe, Kansas Bankruptcy, Personal Injury, and Divorce Attorney

Phone: (913) 780-4200

Vermillion Morrison, LLC

Leawood, KS

Kansas Family Law, Personal Injury, Estate Planning and Criminal Defense Attorneys

Phone: (913) 322-7788

Free Initial Consultation by lawyers skilled in Divorce, Child Support and Custody, Personal Injury, Criminal Defense, Wills and Adoption

Walden & Pfannenstiel, LLC

Lenexa, KS

Bankruptcy, Estate Planning & Family Law Attorneys

Phone: (913) 438-1112

At Walden & Pfannenstiel we are here to serve you. As you work one-on-one with an experienced attorney, your case will be handled in the utmost timely and professional manner. We understand that there are no small cases when you are the one facing a legal issue. It becomes the biggest case...

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