[MO] How do I file for divorce?
Was just wondering if I filled out the right form to file for my divorce. It's a refile from 1992 that was dismissed without prejudice.
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So in this case, if you've been divorced, there is a way to verify if you filled everything out. If the court ordered the divorce, you did it right.
So here is what you can do if it turns out you weren’t divorced. First, you'll want to file a Petition for Dissolution of Marriage in Missouri (this is the actual divorce petition, not a marriage settlement agreement). The marriage settlement form is usually used later to show how you’ll divide property or handle support, not to actually start the case.
Since you don’t know where your ex is, you’ll need to ask the court for permission to serve her by publication. Basically, you’ll show the judge you’ve tried hard to find her and couldn’t. Once approved, you’ll publish a notice in a local paper where she was last known to live.
Collect and include any old case documents you have (like the 1990 filing and dismissal papers) when you file the new case. That way the court has all the background, and it makes things smoother.
After you finish the service by publication and your ex doesn’t respond, you can ask the court for a default judgment. This lets the judge finalize your divorce even if she never shows up or files anything back.
Does that help clarify things? I want to make sure I didn’t leave anything out.
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I was just wondering if I filled out the right form to file for my divorce. It's a refile from 1992 that was dismissed without prejudice.
Lexi, Chatbot
I understand you're looking to refile for divorce after a previous dismissal. Have you already obtained legal advice on the specific form needed for this situation?
I thought so. I filled out the marriage settlement form. Is that the right one?
Lexi, Chatbot
Could you please confirm if you have the case number or any documentation from the previous divorce filing in 1992?
I do.
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your divorce refile.
I don't know where my former spouse is. I was told I would need to notice by publication.
Michael M. Esq.
Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts.
To clarify, you filed back in 1992?
My former spouse filed in 1990.
Michael M. Esq.
Ok thank you so much for including that! What worries you about this at this stage?
I want to get this resolved. I didn't follow up with her years ago to ensure that everything was taken care of. Now I'm looking to get married and I need to resolve this. I also saw that she got a marriage license in Nevada in 1992.
Michael M. Esq.
Understood! So you're just wondering what it is you can do here, correct?
Yes. I want to fill out the right forms and get them filed so I can get this over with. What is the procedure? Which forms do I need?
Michael M. Esq.
What state is this in again?
I am currently in Missouri.
Michael M. Esq.
Ok! Did you need to tell me anything else? If not, I can start with answering your question.
Not sure. Is there something you would like to know? We were together for about 2 months and then went our separate ways.
Michael M. Esq.
Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?
Michael M. Esq.
So in this case, if you've been divorced, there is a way to verify if you filled everything out. If the court ordered the divorce, you did it right.
So here is what you can do if it turns out you weren’t divorced. First, you'll want to file a Petition for Dissolution of Marriage in Missouri (this is the actual divorce petition, not a marriage settlement agreement). The marriage settlement form is usually used later to show how you’ll divide property or handle support, not to actually start the case.
Since you don’t know where your ex is, you’ll need to ask the court for permission to serve her by publication. Basically, you’ll show the judge you’ve tried hard to find her and couldn’t. Once approved, you’ll publish a notice in a local paper where she was last known to live.
Collect and include any old case documents you have (like the 1990 filing and dismissal papers) when you file the new case. That way the court has all the background, and it makes things smoother.
After you finish the service by publication and your ex doesn’t respond, you can ask the court for a default judgment. This lets the judge finalize your divorce even if she never shows up or files anything back.
Does that help clarify things? I want to make sure I didn’t leave anything out.
I recently got the case file from the Denver court, and it said the case was dismissed without prejudice.
Michael M. Esq.
Ok got it, then you would need to re-file in this case, meaning that it was never officially done if it was dismissed!
Do I file in family court in my county?
Michael M. Esq.
So you can actually file in your county, yes!
Okay. Do I need to put down any current information or just what would have been current at the time?
Michael M. Esq.
Got it! You would actually put down current info.
Financial info.
Michael M. Esq.
Ok got it, yes, your current financial information. Since the last one was dismissed, you're actually still technically married.
Can she claim a portion of my current assets that have nothing to do with her?
Michael M. Esq.
Yes, unfortunately. So you live in what’s called an equitable distribution state. What equitable distribution means is that property obtained during the marriage will be split “equitably,” which doesn’t always mean equal, but “fairly” in the court’s eyes. The court looks at everything on a case-by-case basis to determine how the property should be divided.
The parties can come to their own agreement and present it to the court, but so long as it is fair, the court will consider it and approve it if that is the case.
You can start with this link to help you file - www.onlinedivorce.com/
In most cases like this, you and her can reach a settlement where everyone just keeps what they have.
Provided she responds?
Michael M. Esq.
Correct, if she even bothers.
Michael M. Esq.
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