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To file for legal separation, one or both parties need to file a petition to their circuit county court. Once the petition is filed, the court will enter a judgment of legal separation if it finds a reasonable likelihood that the marriage can be saved and that the marriage is not irretrievably broken.
There are multiple counties in Missouri where legal separation can be filed. The charges may vary from one county to another. The person filing for legal separation will incur roughly $200. Additionally, approximately $25 is required for the sheriff as a fee for serving the paper.
Nonmarital Property, (Separate Property): Material possessions the spouses didnt share during the marriage and belonged to one spouse only; or any asset bought prior to the marriage becoming solidified legally. Example: If one of the spouses brought a car into the marriage, that car is a non-marital asset.
For instance, if the husband bought the house in his name and the wife takes care of the house then it would be assumed that both the spouses are equal and joint owners of the house. Eventually, in case where spouses decide to separate then the shares of the property will be equally divided among the spouses.
How long do you have to be separated to get a divorce in Missouri? While there are no official separation requirements in Missouri, there is a 30-day waiting period after filing for divorce where the parties must be living separately from each other.
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The answer to this question in most cases is, yes, if it has been at any time the family home. The relevance of this is that, as a marital asset, it is subject to the sharing principle (see Financial Provision in Divorce Cases).
Missouri does require that a non-owner spouse sign a deed selling, conveying, or otherwise encumbering a property by the owner spouse. This is a form of ownership specifically created for spouses.
State law governs property division in a divorce, and Missouri is a dual-property state. This means each asset will be classified as marital or non-marital. In a Missouri divorce, all marital property is subject to equitable distribution. The judge will attempt to divide marital assets as fairly as possible.
Missouri is an equitable distribution state, which means that property will be divided by the court in a manner that is fair to both parties but not necessarily equally. Missouri is also a dual-property state, which means that property can be defined as either marital or nonmarital.
There are no official separation requirements for divorcing couples in Missouri. They must, however, undergo a 30-day wait period after filing for divorce. The couple must live apart from each other during this wait period.

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