Springfield Family Law Attorney

Missouri Family Laws

Missouri family law refers to the laws in the state that deal with family-related issues like divorce, child custody, child support, adoption, property division, modifications, and more.

Our Springfield family lawyers are here to assist you with any of the following matters:

• Divorce - Missouri is a no-fault divorce state. No-fault divorce means a divorce can be granted without proving fault on the part of either spouse. However, fault may be considered in certain circumstances, such as in cases of adultery or abuse.
• Child Custody - Missouri courts keep the best interests of the child as their priority when determining custody. Joint custody is always the preferred option. In the event that one parent is deemed unfit or unable to care for the child, the other parent may be awarded sole custody.
• Child Support - Child support in Missouri is calculated based on the income of both parents and the needs of the child. Both parents are responsible for providing financial support to their child.
• Property Division - In Missouri divorce proceedings, property division follows equitable distribution rules that require property to be split equally between both spouses. It is important for divorcing couples to understand the property laws in Missouri and how assets and debts are divided. They must decide what is considered marital property, which is subject to division, and which property belongs solely to one spouse or the other. 
• Spousal Support - In Missouri, spousal support (alimony) may be awarded based on factors such as the length of the marriage, the financial need of the recipient spouse, and the paying spouse's ability to support them. Alimony can be awarded temporarily during the divorce process or on a long-term basis after the divorce is finalized, depending on the circumstances.
• Mediation and Alternative Dispute Resolution Issues - A neutral mediator helps the parties communicate and negotiate an agreement without going to court. Mediation can be a more cost-effective and less stressful alternative to litigation.
• Prenuptial/Antenuptial/Premarital Agreements - Prenuptial agreements are legal contracts between spouses that outline the division of assets and financial responsibilities in the event of a divorce. Our Springfield family law attorneys can help you draft these agreements to be enforceable.
• Stepparent and Domestic Adoptions - Missouri has determined laws and regulations for adoption. These are designed to protect the rights of both the child and the adoptive parents. In the adoption process, prospective adoptive parents must meet specified requirements and undergo a background check.
• Paternity Actions - Paternity refers to the legal recognition of a child's biological father. Establishing paternity is necessary for determining child custody, visitation, and child support rights.
• Modifications to Maintenance, Child Support, Custody, and Visitation Arrangements - Missouri allows for the modification of court orders related to child custody, child support, and spousal support if there is a significant change in circumstances. This change could include a change in income, relocation, or changes in the child’s needs. 

Family law matters are deeply personal and often involve significant emotional stress.  Whether considering divorce, navigating child custody agreements, or facing adoption challenges, having a skilled family law lawyer in Springfield can make a difference.

That's where our skilled family law lawyer comes in. Our attorneys specialize in the intricacies of family law and possess a deep understanding of Illinois statutes and procedures. They can guide you through complex legalities, advocate for your best interests, and ensure your voice is heard.

Contact our family law attorneys in Springfield, Missouri today at (417) 670-2520 to learn more about how we can help you with your family law matter.

Commonly Asked Questions on Family Law in Missouri

What are the Grounds for Divorce in Missouri?

Missouri is a no-fault divorce state, meaning that a spouse does not need to prove fault (such as adultery, cruelty, or abandonment) to obtain a divorce. The most common grounds for divorce are simply that the marriage is irretrievably broken.

What are Fathers' Rights in Missouri?

In Missouri, fathers have the same legal rights as mothers when it comes to child custody, visitation, and child support. If a father is married to the child's mother, he is automatically presumed to be the legal father. However, if the father is unmarried, paternity must be established either through a voluntary acknowledgment of paternity or a court-ordered DNA test. Once paternity is established, the father can seek custody, visitation, and other parental rights. Courts generally favor shared parental responsibilities, and decisions are based on the best interests of the child.

What is a Wife Entitled to in a Divorce in Missouri?

In a divorce in Missouri, both spouses are entitled to a fair division of marital property, which is generally based on an equitable distribution model. This means that property acquired during the marriage will be divided fairly, but not necessarily equally. A wife may also be entitled to alimony (spousal support) if she can demonstrate a financial need, and her spouse has the ability to pay. In terms of child custody and support, a wife has equal rights to seek primary custody, visitation, and financial support for the children, based on the child’s best interests.

What are the Custody Laws in Missouri?

Missouri courts determine custody based on the best interests of the child. There are two types of custody: legal and physical. Legal custody refers to the right to make important decisions regarding the child’s life, such as education, healthcare, and religion. Physical custody refers to where the child will live most of the time. Missouri courts prefer joint legal custody, but physical custody may be awarded solely to one parent or jointly, depending on the circumstances. The court will consider factors like the child’s relationship with each parent, the parents’ ability to cooperate, and the child’s needs. In contentious cases, a guardian ad litem may be appointed to represent the child’s interests.

Can a Father Terminate His Parental Rights in Missouri?

Yes, a father can seek to terminate his parental rights in Missouri, but this is typically a very difficult and legally complex process. A father may voluntarily terminate his rights, usually as part of an adoption process, if he agrees to allow another individual or couple to adopt the child. In other situations, a father’s parental rights may be involuntarily terminated by the court, typically in cases of abuse, neglect, or failure to support the child. Once parental rights are terminated, the father loses all legal rights and responsibilities, including custody, visitation, and financial obligations. It is important for any father considering this option to consult with a Springfield family law attorney.

Can a Spouse Refuse a Divorce in Missouri?

In Missouri, a spouse can file for divorce without the other spouse’s consent. Even if one spouse refuses to cooperate or contests the divorce, the court can still grant the divorce. The non-cooperating spouse may still be required to attend hearings and respond to legal petitions, but their refusal to agree to the divorce will not prevent it from being finalized. However, issues such as property division, alimony, child custody, and support will be determined by the court if the spouses cannot reach an agreement.

Who Gets Alimony in Missouri?

Alimony, or spousal support, in Missouri is not automatically granted in every divorce case. Typically, alimony is awarded to a spouse who has a lower income or is unable to support themselves due to health reasons or other circumstances. Alimony can be awarded on a temporary or permanent basis, depending on the specific needs of the spouse seeking support.