Legal Question in Family Law in Missouri

Re: legal saparation

It sounds to me from your question as if yu are trying to handle a divorce on your own without an attorney. You may be able to get through the process, but I would strongly advise you to consult with an attorney in any event. In response to your question, after thirty days have passed following service of the Petition and summons and other required documents on the Respondent the Petitioner can file a Default&Inquiry advising the Court that the required time period has passed and the Respondent has failed to Answer. In most courts you can then obtain a court date. In some courts you may also be allowed to submit the case to the Judge upon your affidavit so that there would not be an actual hearing. Again, even if you believe that your case is extremely simple, in order to know your legal rights and duties, and in order to be sure that everything is done properly so as to avoid as much as possible any problems in the future you should at least consult with an attorney. Good luck.

Re: legal saparation

"Does there have to be a separation agreement if there is no real property to be divided?"

No. A separation agreement is never required. The parties can always have a trial and allow the judge to decide the issues.

"Is it possible to proceed and get a court date providing the filer is not asking for anything whatsoever?"

I suppose so; however, it would seem strange to file a petition that asks for nothing. I assume, at a minimum, you are asking the court to dissolve the marriage. If you are ready to proceed, request a court date for trial from the judge.

I, too, would advise against attempting to represent yourself in a divorce proceeding, without engaging an attorney. I can't tell you how many times I've had people come to me, months or years down the road, wishing they had spent the time and money to have an attorney make sure they handled everything properly. Like they say, it's pretty hard to unring a bell -- thus, it's important to get it right the first time. Nevertheless, best of luck.