First I would advise you to speak with an attorney to prepare the necessary documents to file for the divorce. I know that is not what you wanted to hear. The Missouri Courts have a website designed to provide information and resources for those involved in family law matters in the state of Missouri. The information, tools and resources available through this site are not intended to take the place of legal advice and there is no guarantee that using the information and/or resources will get the results you want. The website is: http://www.courts.mo.gov/page.jsp?id=5240
This response represents general informational material only and is not intended to offer legal advice. You should not rely on or use information presented here without consulting a lawyer regarding your specific circumstances, changes to applicable laws, rules and regulations, and other legal issues. Representation: Use of this website does not establish an attorney-client relationship. Confidentiality: Communication through e-mail is not confidential. We may have prior client relationships or other potential conflicts that would prevent us from representing you or from treating your communications as confidential. For any information you consider confidential, please first contact us by telephone or make a personal visit. " The choice of a lawyer is an important decision and should not be based solely on advertisements."Ask a similar question
I agree with my colleague. Missouri, where I went to law school, has a number of online resources available to you. There are lots of forms online. However, it is no different than the commercial for H&R Block, the tax preparation firm, with the smart wife holding up the box for the software with forms and purchased by the dumb husband, when they have questions to ask. "Hello, Box?" "Box, can you answer my question?"
If you want it done right, hire local counsel. If you want to take your chances, you need to remember that the court will not advise you if you have made a mistake. The job of the Court and the Judge is to hear the case and behave impartially-- and by doing so, they cannot give you legal advice as if they represent you as your own lawyer-- because they cannot represent you. They are the neutral party hearing the case. Don't be penny smart and pound foolish. Good luck.
The answers to questions provided in response to the request for assistance are general in nature, and reflect information which is primarily based upon general legal principals, and may additionally reflect Ohio principles of legal practice, as this is the primary location of this Attorney's practice. As with any legal advice, the advise is general in character, and should not be put into practice without specifically consulting your local counsel, who will possess far more insight into the applicable standards and laws of your specific State, your case's specific issues and the local Rules of Court and practices of the specific jurisdiction your legal action is governed by. You are specifically instructed : Do not proceed without first discussing this matter with your own local Attorney. This Office does not provide free legal advice by telephone. A 15 Minute Consultation can be obtained at no cost for certain types of legal cases, but to obtain same, an Office appointment is required. Provision of the answers to general questions does not constitute an act of representation, and the Attorney shall not be deemed to accept employment based upon the responses contained herein. The reader is advised that they utilize the general suggestions contained in the responses at their own risk, and under no circumstances should they disregard the advise of their present local legal counsel based upon any suggestions or opinions contained herein. Also, the bast method to discuss a case with an attorney is to do so directly, by scheduling a formal consultation in their office, bringing with you at the time of the meeting all of your relevant paperwork, including any contratcs, any Orders from Court, decrees, complaints, pleadings, etc., and any other relevant information for the attorney to review. General information via the internet is no substitute for an actual meeting with an attorney. The advice provided on line in response to the limited information is provided without charge. It is also provided without the benefit of face to face discussions, so before you act--consult an attorney in person.Ask a similar question
I understand wanting to file on your own especially if you are in agreement on everything. The first thing you will want to do is get your settlement agreement in writing between you and your spouse. Like the other attorneys already stated, there are forms you can go online and get but you have to know which ones to use. I would suggest you go to your county's court website and look at the forms for divorce in that county. Counties require different forms to be filed at different times. Usually you would need to file a petition, a confidential information sheet, a statement of income and expenses, a statement of marital and non-marital assets and debts, and a parenting plan in addition to your settlement agreement. The parenting plan will lay out who get the kids at what times, who is responsible for what and what each party is required to do as far as expenses and such regarding the children. You can also put some of that in your settlement agreement. You will also need to file any financial statements with your petition as well as pay stubs or w-2 forms to prove your income. All the property in your names needs to be listed (house, car, etc) and all the assets and debts need to be listed. (accounts, credit cards, etc) Do not leave anything out!! You do not need to list all personal property unless you are, or could be in the future, in dispute about who gets it.
If one of you is asking for maintenance, you must do it during the divorce as well. For the children, you will need to fill out a Form 14 so as to see how much child support is needed in your case. This will be submitted along with the other forms named above.
If you want your name restored to another name, you should also include that in your petition during the divorce.
As you can see, there is a lot to file and you want to make sure you do everything right. Since you have children, I would recommend using a family law attorney to help you in your divorce. You may be in agreement now, but a lot of things can happen between now and the time your divorce is final and even after your divorce is final where you may not agree on everything. It would be good to protect yourself and your children in case it becomes rocky later.
Good luck with everything!
Saundra J. McDowell
NOTICE: Many states require attorneys to notify email recipients that email is not a secure method of communication, that it may be copied and held by any computer through which it passes, and persons not participating in the communication may intercept the communication. If you would like to discontinue this method of communication, please advise, and no further e-mail communication will be sent to you. The information contained in this message is confidential, attorney privileged, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by email or telephone and permanently delete the original email and all copies of it.Ask a similar question
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.