All married couples have rights protecting their interest during a divorce. A firm understanding of these rights puts you in a better position to get a successful outcome.
Divorce is a murky and complicated affair that can overwhelm even the strongest people. Formalizing the split is the easy part. Conflicting interests, parenting issues, and legal specifics form the bulk of complications with divorces.
Your Legal Rights During Divorce
Going through a divorce is a significant life event that can be emotionally challenging and legally complex. Understanding your legal rights during this process is crucial to ensure a fair outcome and protect your interests. We will explore your legal rights during a divorce and provide insights to help you navigate this difficult time.
- Right to a No-Fault Divorce: Married couples in Missouri don’t have to prove that the other spouse is at-fault to get a divorce. No evidence is necessary to prove that the spouses’ actions or inactions necessitated a divorce. You reserve the right to file a divorce without providing evidence or justification for your divorce.
- Right to Property Division: Missouri Law advocates for equitable property division. This doesn’t mean that divorcing couples must share marital property. However, divorcing couples have the right to the fair distribution of marital property. Marital property is all assets and debts acquired after getting married. Divorcing couples can keep all their separate property, which they had before the marriage.
- Right to Child Custody: Missouri centers its child custody proceeding on the child’s best interests like other states. Both spouses have a right to take full or joint custody of the child. Sole custody means one spouse gets custody of the child. Joint custody means the spouses take turns taking care of the children. The court will consider the child’s relationship with both parents before deciding which one gets custody.
- Right to Pay Child Support: Divorcing couples have a legal obligation to support the child until they reach adulthood financially. The state has specific guidelines to determine how much the non-custodial parent should contribute to their child’s growth and education. The custodial parent doesn’t pay child support.
- Right to Parental Responsibility: Both parents in a divorce have a right to parental responsibility. This means they can make decisions for their children’s upbringing and education. They can also access information about their children’s upbringing, health, and education.
- Right to Spousal Support: Some people have a right to financial support from their divorcing partner, known as alimony. The court will determine both spouses’ incomes, length of the marriage, living standards, and other factors to determine how much alimony one spouse will pay to the other.
Divorce is a complex legal process, and understanding your rights is essential to protect your interests and achieve a fair outcome. By being informed about your legal rights, seeking professional legal advice, and advocating for yourself, you can confidently navigate the divorce process.
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