What Should I Do Before Filing for Divorce in Springfield, MO?
If you are considering divorce, it is understandable to want to know what you should do first. Before filing for divorce in Missouri, it can help to gather important financial and family information, understand your options, and think carefully about decisions that could affect your home, finances, or children.
At Jolie Montgomery Ikard Family Law, we know that preparing for divorce is about more than completing paperwork. With nearly 30 years of legal experience, Jolie Montgomery Ikard helps individuals and families understand their legal options and prepare for the decisions that come with divorce.
What Should I Do Before Filing for Divorce in Springfield, MO?
Before filing, take time to understand your financial situation, gather important records, consider your children's needs, and learn how Missouri's divorce process works. It is also wise to get legal guidance before making major decisions about your home, finances, or parenting arrangements.
Missouri law requires certain residency and filing requirements before a court can enter a judgment of dissolution. Under Missouri law, one spouse generally must have been a Missouri resident, or a qualifying member of the armed services stationed in Missouri, for at least 90 days before the proceeding begins. The statute also requires at least 30 days to have passed after the petition is filed before the court can enter a judgment of dissolution.
That does not mean you need to have every decision figured out before speaking with a divorce attorney. In fact, an early conversation can help you understand which decisions require more careful consideration.
For a broader overview of what happens once the divorce process begins, see our What to Expect During the Divorce Process in Missouri guide.
What Financial Documents Should I Gather Before Filing?
Start by developing a clear picture of what you and your spouse own, owe, earn, and spend. You do not need to decide how everything should be divided before gathering the information.
Depending on your circumstances, useful records may include:
- Recent bank statements
- Credit card statements
- Recent tax returns
- Pay stubs and other income records
- Retirement and investment account statements
- Mortgage and other real estate documents
- Vehicle loan information
- Business or self-employment records
- Insurance information
- Student loan and other debt records
- Records relating to significant personal or marital property
Missouri courts address the division of marital property and marital debts as part of a dissolution proceeding. Missouri law distinguishes marital and nonmarital property and directs the court to consider relevant circumstances when dividing marital property and debts.
Having accurate financial information can also help you ask better questions when you meet with a divorce attorney. If you are unsure whether something is relevant, it is generally better to preserve the record rather than assume it does not matter.
Should I Move Out or Separate My Finances Before Filing?
This is one of the questions people often have when they are preparing for divorce, and there is no universal answer.
Moving out, opening separate accounts, changing beneficiaries, selling property, transferring money, or making other significant financial decisions can have consequences that depend on the circumstances of your marriage and your family.
That is why we recommend getting legal advice before making major changes simply because someone told you that you "should" do so before filing.
For example, if parents live in different communities such as Springfield and Nixa, moving from one home to another can affect school transportation, parenting schedules, childcare, and day-to-day responsibilities. Those practical issues can become important when developing a parenting arrangement.
The same principle applies to finances. Separating accounts does not automatically determine who owns the money in them, and moving money or property does not automatically change its legal character.
If you are considering a significant financial or living change, talk with a Missouri divorce attorney about your specific circumstances before taking action.
What Should I Consider If We Have Children?
Divorce planning becomes more complicated when children are involved because the legal process also has to address parenting and financial responsibilities.
Before filing, consider the practical realities of your children's lives:
- Where do the children attend school?
- Who handles transportation?
- What are their regular activities and commitments?
- How is childcare currently handled?
- What does each parent's work schedule look like?
- Where will the children spend weekdays, weekends, holidays, and school breaks?
- How will parents communicate about school, medical care, and other important decisions?
These questions can help you think about what a workable parenting plan might look like.
Missouri law requires courts to address child custody and support when applicable in a dissolution case. A parenting plan can address matters such as custody, visitation, decision-making, and other parenting responsibilities.
It is also important not to put children in the middle of the adult issues surrounding a divorce. Avoid asking children to choose sides, carrying messages between parents, or discussing financial and legal disputes with them.
If custody is likely to be disputed, preparing early can be particularly important. You can learn more about our approach to divorce and related family law matters.
What Should I Avoid Doing Before Filing for Divorce in Nixa, MO?
Preparing for divorce does not mean trying to gain an advantage by making impulsive decisions. In many cases, the most helpful approach is to preserve information and avoid actions that could create additional problems.
Before filing, consider avoiding:
Hiding or destroying financial records
Do not destroy documents, delete relevant records, or conceal assets. A clear financial picture is important to resolving property and debt issues.
Making major purchases or taking on new debt without understanding the consequences
Large financial decisions can complicate an already complicated situation.
Emptying joint accounts
Do not assume that removing money from a joint account protects you or determines who is entitled to it.
Moving property without legal advice
Selling, giving away, transferring, or hiding property can create additional disputes.
Making decisions about the children out of anger
Major changes to where children live, their school arrangements, or parenting schedules deserve careful consideration.
Posting about your divorce on social media
Public posts can become part of the dispute and may be viewed without the context you intended. Keeping personal legal matters private is generally the safer approach.
Making threats or sending hostile messages
Written communications can be difficult to take back. When emotions are high, communicate carefully and keep necessary discussions focused on practical issues.
The goal is not to make you afraid to take normal steps in your life. It is to encourage thoughtful decisions when those decisions could affect your divorce, finances, or children.
Should I Talk to a Lawyer Before Filing for Divorce in Ozark, MO?
You do not have to wait until after a divorce petition is filed to speak with an attorney. In many situations, an early consultation can help you understand the process and identify issues that deserve attention before you make major decisions.
This can be particularly useful if your divorce involves:
- Children or potential custody disputes
- Significant property or debt
- Retirement accounts
- A family business or self-employment
- Questions about spousal maintenance
- A high-conflict relationship
- Concerns about financial information
- A potential move
- Disagreements about the marital home
- Questions about whether divorce or legal separation is the better option
Missouri law allows courts to address property, child custody, child support, and maintenance as part of a dissolution proceeding. The circumstances of each family determine which issues require attention.
At Jolie Montgomery Ikard Family Law, we focus on helping clients understand those decisions rather than treating every divorce as if it follows the same path.
What Happens After Filing for Divorce in Springfield, MO?
Once a divorce petition is filed, the case moves into the legal process. The other spouse must receive the required paperwork and have an opportunity to respond. Depending on the circumstances, temporary orders may address issues such as parenting time, child support, spousal maintenance, use of the marital home, or certain expenses while the divorce is pending.
The case may then involve negotiation, mediation, discovery, settlement discussions, or trial, depending on the issues and whether the spouses can reach agreements.
Not every Missouri divorce goes to trial. When spouses can reach agreements concerning property, parenting, support, and other issues, those agreements may become part of the final resolution.
Our Missouri divorce process guide explains these stages in more detail, including temporary orders, property and debt division, parenting plans, child support, settlement, trial, and the general timeline for a divorce.
Frequently Asked Questions About Preparing for Divorce in Missouri
Should I get a divorce attorney before filing?
You can speak with a divorce attorney before filing. An early consultation can help you understand the process, identify issues that may need attention, and make informed decisions about finances, property, children, and other concerns.
What documents should I gather before filing for divorce in Springfield, MO?
Consider gathering financial records such as bank statements, tax returns, pay stubs, retirement statements, investment records, mortgage information, debt records, insurance documents, and records relating to significant property. The documents that matter most will depend on your circumstances.
Should I move out before filing for divorce?
There is no universal rule that you should move out before filing. Moving can affect practical issues involving housing, children, transportation, and finances. Discuss a planned move with a divorce attorney before making the decision if you are concerned about how it could affect your situation.
Should I open a separate bank account before filing for divorce?
There may be legitimate reasons to maintain separate financial accounts, but opening an account does not automatically determine ownership of the money. Before moving marital funds or making significant financial changes, it is important to understand the potential legal and financial consequences.
What should I avoid doing before filing for divorce?
Avoid hiding assets, destroying financial records, making major financial decisions without understanding the consequences, using children as messengers, or making threats or hostile statements. Preserving information and making thoughtful decisions can help prevent additional complications.
Does having children change the divorce process in Nixa, MO?
It can. A divorce involving minor children may require decisions about custody, parenting time, parenting plans, and child support. The court must address these matters as required by Missouri law.
How long does a divorce take in Springfield, MO?
There is no single timeline that applies to every case. Missouri law requires at least 30 days to pass after the petition is filed before a judgment of dissolution can be entered, but the actual length of a divorce depends on factors such as whether the spouses agree, the number and complexity of disputed issues, and whether the case requires a trial.
Can divorce mediation help before a case goes to trial?
Mediation may help spouses resolve some or all disputed issues without asking a judge to decide every matter. Whether mediation is appropriate depends on the circumstances, including the level of conflict and the issues involved.
When Should I Contact a Divorce Attorney?
If you are seriously considering divorce, you do not need to have every answer before seeking legal guidance. A consultation can give you a clearer understanding of the decisions ahead and help you avoid making major financial or family decisions without knowing how they may affect your case.
At Jolie Montgomery Ikard Family Law, we provide personalized family law representation for clients dealing with divorce, legal separation, child custody, child support, property division, QDROs, and other domestic relations matters. Jolie Montgomery Ikard brings nearly 30 years of legal experience to her practice, along with a Master of Social Work, Licensed Clinical Social Worker credentials, and prior leadership experience in child protective services.
For someone considering divorce in Springfield, Nixa, Ozark, Republic, or another Southwest Missouri community, the first step does not have to be filing paperwork. It can be getting a clear understanding of your options and what you should consider before moving forward. If you are considering divorce and want to discuss your circumstances with an experienced Missouri family law attorney, schedule a consultation with Jolie Montgomery Ikard Family Law to discuss your legal options and determine what steps may make sense for your situation.