Thanks, XXXXX XXXXX to be sure it was not something that just happened. In these circumstances the court is not going to emancipate him, they are going to insist on him continuing to be on child support
. Have you filed for SSI? He should be eligible so you need to contact the Social Security office for details.
Missouri is a no fault divorce
state so all you have is to claim is that the marriage
is irretrievably broken. However fault such as sdultery does play a role.
The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award. In a proceeding for dissolution of the marriage or legal separation
, or in a proceeding for disposition of property following dissolution of the marriage the court shall divide the marital property and marital debts
in such proportions as the court deems just after considering all relevant factors including: (1) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children; (2) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; (3) The value of the nonmarital property set apart to each spouse; (4) The conduct of the parties during the marriage.
The fact that your child is terminally ill will also play a role.
Due to the length of the marriage the court will also award you alimony
. The alimony order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including: (1) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian; (2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (3) The comparative earning capacity of each spouse; (4) The standard of living established during the marriage; (5) The obligations and assets, including the marital property apportioned to him and the separate property of each party; (6) The duration of the marriage; (7) The age, and the physical and emotional condition of the spouse seeking maintenance; (8) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance; (9) The conduct of the parties during the marriage; and (10) Any other relevant factors.
The court will not allow him to be voluntarily unemployed in order to avoid child support and alimony. Judges are smarter than that. However here you really do need to retain a local attorney immediately.