If you have begun to explore a divorce in the State of Missouri, you may have confronted terms with which you are unfamiliar.  Even terms that have common use meaning, can mean something different in the family arena.  Some of these terms are used in other states as well, but since each state has its own laws regarding Marriage and Divorce, if you are not filing in Missouri these definitions may not apply. 

1. Dissolution of Marriage: The term divorce is used in conversation, but the legal phrase is Dissolution of Marriage.  This is the phrase used when one or both parties are wanting to terminate the marriage, not simply divide the property.  A Legal Separation separates the property and makes provisions for support of the children and either spouse, but does not dissolve the marriage.
2. Marital Property: Marital property is property acquired by ether spouse during the marriage with certain exceptions.  Those exceptions include property acquired by gift or inheritance and property excluded by a valid written agreement, i.e. pre-nuptial or post-nuptial agreement.
3. Maintenance: This is the term used in Missouri for alimony.  Maintenance may be ordered after the judge considers the financial resources of both parties including the property distribution, each party’s earning capacity, duration of the marriage, and custodial arrangements among other things.  Maintenance may by ordered to be paid for a specific period of time or without a termination date.   Maintenance, like child support, is modifiable after the divorce is final if certain criteria are met.
4. No-Fault Divorce: In the state of Missouri, as well as many other states, neither party needs to claim fault on the part of the other to get a divorce.  All that is necessary in Missouri is to allege that there remains no reasonable likelihood that the marriage can be preserved and that it is, therefore, irretrievably broken.  Parties may still make claims of misconduct for the purposes of custody, property distribution, and maintenance determinations.  For example, if one party has squandered marital assets and committed marital “waste”, that may be taken into consideration in the distribution of property.
5. Physical and Legal Custody: Generally when people talk about custody in a divorce, they are referring to physical custody, i.e. where the child lives.  Legal custody has to do with decision making rights and authority relating to health, education, and welfare of the child.  Physical custody pertains to care and supervision.  Commonly parents have joint physical and legal custody.  However, when parents cannot agree on decisions such as the child’s doctor or school, they cannot share legal custody.  Likewise, if the child resides mostly with one parent due do distance, abuse or other reasons, that parent will have sole physical custody.
6. Parenting Plan: This is a plan for the custody, visitation and child support of the children of the marriage.  Each party is required to submit either their own plans or a joint one.  These plans are required to contain a certain amount of detail and are generally several pages in length.  While parents are free to agree to whatever schedule they deem to be in the best interests of their children, the purpose of the plan is to provide something to follow if the parents cannot agree.  The plan also provides who makes the major decisions for the children and how expenses are paid.  While there are guidelines and forms for a “typical” parenting plan, this is something parents should consider closely as schedules can be, and often are, creative and designed to fit the uniqueness of a family.