In Missouri, divorce petitioners must make clear choices about their case. These choices could present negative effects or lower their chances of obtaining their fair share. The following are FAQs that can be answered by the Wegmann Law Firm in Hillsboro MO.
What are Divorce Grounds That are Available to Petitioners?
Currently, the divorce grounds begin with irreconcilable differences. These implications don’t assign blame for either party. They indicate that both parties played a role in the demise of the marriage and aren’t seeking damages for fault-based allegations.
The fault-based divorce grounds include adultery, abandonment, spousal abuse, mental incapacity, and incarceration. These grounds require evidence to support the petitioner’s claim. In the case of abandonment, the spouse must be absent for at least one year. Mental incapacity isn’t available unless the spouse has been admitted into a psychiatric facility for at least two years. For incarceration, the spouse must receive a sentence that exceeds two years.
When Can Domestic Violence Affect a Custody Case?
Domestic violence can only affect the child custody case if the parent presents a risk to the child. If the child wasn’t a victim in the domestic violence case, these risks aren’t applied to the custody case. However, if the parent has a substance abuse problem, they can’t receive custody until they complete treatment.
When is Alimony Awarded?
Alimony is assigned when a spouse cannot achieve the same lifestyle achieved during the marriage. These payments can be temporary or permanent. The opposing spouse could also provide additional marital properties or pay for an educational program to avoid paying alimony.
When can Custodial Parents Acquire Increases in Child Support Payments?
Child support payments are increased after the first year. However, the custodial parent must present evidence of financial hardship. The judge will conduct a new assessment based on the earning capacity of each parent.
In Missouri, divorce petitioners must review the laws and guidelines for a divorce before filing. An attorney can guide them through this process to prevent common mistakes. Petitioners who need assistance from the Wegmann Law Firm in Hillsboro MO can Click Here to find more info about these cases.
