Divorce & Separation

Divorce Lawyer Columbia & Lake of the Ozarks

When a marriage reaches the point where reconciliation is no longer possible, the steps that follow can feel emotionally overwhelming and cumbersome. For many couples in Missouri, deciding between divorce or legal separation is a tough choice. Before making that decision, though, they should know the unique aspects of each option. Knowing the differences between separation and divorce and how Missouri law addresses each of them is crucial for making informed, educated, and confident decisions.

At Martin & Birdsong, Attorneys at Law, our divorce lawyer team can assist you whether you’re ready to end the marriage or simply need time apart. Our team is dedicated to helping you understand your options so you can reach clear and confident conclusions. Having the right support and information is the first step toward an assured decision. Call us today at 573-348-4500 to learn more about the divorce and separation processes and how we can help you and your family find the best path forward.

Divorce vs. Separation: What's the Difference?

Legal separation allows a couple to live apart and make arrangements regarding property division, child custody, support, and maintenance, but they remain legally married. Separation can be helpful if the couple hopes to reconcile or prefers to stay legally married for personal, financial, or religious reasons.

Divorce, however, is the legal termination of the marriage. It ends the marital relationship and allows each person to remarry someone else. As in a legal separation, all matters regarding custody, support, property division, and maintenance are finalized.

Legal Separation in Missouri

Some married couples may choose legal separation first instead of divorce. They may choose this option for several reasons: some want the chance to work on their partnership with the option of reconciling without needing to remarry if their situation improves. Some prefer to remain married due to religious beliefs or personal values. Others find it helpful financially, such as when one partner relies on the other partner’s health insurance or when the couple wants to take advantage of tax benefits that come with being married.

The couple can create a Separation Agreement that documents the arrangements they’ve agreed to. The court can approve this document, which makes the separation legal and enforceable. The court order is called a Judgment of Legal Separation. If the parties later agree to reconcile, a judge can set the Judgment of Legal Separation aside, and the couple can proceed with their marriage without further legal interruptions.

Missouri's Grounds for Divorce

Missouri is a “no-fault” divorce state. This means that you don’t need to provide evidence that one spouse is responsible for the marriage ending. Instead, you only need to show that the marriage retains irreconcilable differences and that there is no likelihood of reconciliation. Basically, one spouse’s argument about the marriage failing is usually enough for the court to grant a divorce.

Steps to File for Divorce in Missouri

To file for a divorce of marriage in Missouri, at least one spouse must have residency documents proving they have lived in the state for at least 90 days.
The divorce process begins when one spouse (the petitioner) files a petition with the court for a dissolution of marriage. This document highlights the reasons for seeking a divorce and any requests regarding custody, support, or property division.
The other spouse (the respondent) must be informed of the petition for dissolution of marriage. This process, called “service of process,” allows both parties to respond and participate in the proceedings.
During the divorce process, either spouse can request temporary orders to address matters like child custody, spousal support, or exclusive family home use. For example, the court orders that the parents shall share custody on a set schedule until arrangements are finalized, with one parent receiving child support.
Missouri encourages divorcing couples to settle matters amicably through negotiation or mediation. This can help avoid a prolonged, expensive court trial and allows the couple more control over the outcome.
If the couple reaches a consensus, they can present a “settlement agreement” and a “joint parenting plan” to the judge for approval. If they do not come to an agreement, the court will hold a trial to resolve any outstanding issues.

Division of Property and Debts

In Missouri, marital property and debts are divided based on “equitable distribution,” meaning that the assets and debts are split reasonably but not always equally. The court considers 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 nonmarital property set apart to each spouse;
The conduct of the parties during the marriage; and
Custodial arrangements for minor children.

Marital property generally includes things acquired during the marriage, such as homes, vehicles, savings, and retirement accounts. Separate property, such as inheritances, gifts, or assets owned before the marriage, usually remain with the original owner. These distinctions can sometimes become confusing, so working with an experienced divorce attorney is often helpful in understanding what belongs to each spouse and creating a fair and just division that respects each person’s contributions and rights.

Child Custody and Support

Custody decisions are often the most sensitive part of divorce for those with children. Missouri courts focus on the child’s best interests, seeking to help children maintain strong relationships with both parents. There are two types of custody: legal custody and physical custody. Legal custody involves the right to make important decisions about the child’s education, health, and welfare. Physical custody determines where the child lives and how much time they spend with each parent. Both custody types can be joint (shared by both parents) or sole (decided by one parent).

In most cases, the court encourages joint custody to keep both parents involved. However, if one parent risks the child’s well-being, sole custody may be granted to the other parent. Child support covers basic needs like housing, education, food, and clothing; basically, anything the other parent would have helped with if still residing in the home. Missouri uses an income-based formula to determine the monthly money owed, considering each parent’s income, the custody arrangement, and any special needs the child may have.

Spousal Support (Maintenance/Alimony)

In Missouri, spousal support, also known as maintenance or alimony, is not automatically awarded in every divorce. The court will first evaluate whether one spouse genuinely needs financial support and if the other spouse can afford to pay it. Once a party meets the threshold requirements for maintenance or alimony there are details that may influence how much maintenance and it’s duration, such as, each spouse’s age, health, earning potential, and the lifestyle they shared during their marriage.

Spousal support can be granted temporarily or permanently and modified later if either person’s financial situation changes afterward. For example, the person receiving alimony remarries and moves in with their new spouse. This procedure is designed to create a fair approach and considers the unique needs and circumstances of each individual involved.

Move Forward with a Divorce Lawyer Today

Divorce and separation can be very complicated and emotionally challenging, making it difficult to handle the process alone. At Martin & Birdsong, Attorneys at Law, our MO divorce lawyer team will listen intently to your needs and work with you to create a personalized legal strategy for your unique situation.

If you are considering divorce or legal separation or simply need family law advice, our team is ready to help. Contact us at 573-412-5023 or contact us online to talk with one of our divorce attorneys. We proudly serve families across the Columbia and Lake of the Ozarks regions, including Miller, Morgan, Moniteau, Camden, Cole, Boone, and Callaway counties. We help you move forward with confidence.

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