If you’ve started considering divorce in Missouri, one of the first questions on your mind is likely, “How long is this actually going to take?” While no one wants their marriage to end, having clarity on the typical divorce timeline can help provide some peace of mind and allow you to plan ahead. The truth is, there’s no one-size-fits-all answer.
The length of the divorce process in Missouri depends on several key factors unique to your situation. From whether your split is contested or uncontested to the complexity of issues like child custody and asset division – these variables can cause divorces to be finalized in just a few months or be dragged out over years. In this blog, we’ll break down all the major factors impacting divorce length in Missouri, so you know what to realistically expect.
It is important to note that all divorces in the state of Missouri are to be completed within one year of filing. Some courts in Missouri are better about following this rule than others.
Missouri Divorce Process, Step by Step
Step 1: Filing the Divorce Petition
The spouse who initiates the divorce is called the petitioner, while the other spouse is referred to as the respondent. The petitioner kicks things off by filing a petition for dissolution of marriage, which outlines the key issues like grounds for divorce, division of assets/debts, child custody, child support, etc. This petition has to be properly completed with all the legally required information.
Step 2: Serving Your Spouse
Simply filing the divorce petition isn’t enough – the respondent spouse has to be formally notified that the case has been initiated. This is called “service of process,” and it’s a crucial step.
The court will issue a summons along with the petition that must be officially delivered to the respondent, usually by a sheriff or process server. There are also other service methods like the respondent waiving personal service or publishing a notice if their location is unknown.
Step 3: The Response Period
Once formally served with the summons, the respondent has 30 days to file their own written response, known as the Answer. This allows them to state their side of the situation and desired outcomes. If no Answer is filed within 30 days, the respondent is in default, which allows the divorce to potentially move forward uncontested.
Step 4: Disclosures and Discovery
Both spouses are required to complete and exchange financial disclosures regarding their respective incomes, expenses, assets and debts. There is also a “discovery” process where each party can request additional information and documents from the other side. This helps ensure full transparency.
Step 5: Attempting Resolution
If the divorcing spouses can come to full agreement on how to resolve all the issues like asset division, custody, support, etc., the case is considered uncontested. Mediation is commonly used to facilitate these settlements out of court. But if they cannot see eye-to-eye after negotiation attempts, the case proceeds as a contested divorce.
Step 6: The Divorce Trial/Hearing
In a contested divorce, the case will go before a judge at a trial or hearing. Both spouses present evidence and arguments. The judge will then decide how to rule on each of the unresolved matters based on the facts and Missouri law. For uncontested cases, a shorter hearing is typically still required for the judge to review and approve the agreed terms.
Post-Divorce Matters
Once the judge issues their final divorce decree and judgment, the orders have to be followed by both exes. This may include transferring assets, updating beneficiaries, attending parenting classes if children are involved, and more. The divorce doesn’t finalize for another 30 days in case of appeals. Hiring an attorney is advisable, especially for contested cases, as the divorce process involves many legal technicalities.
Factors That Determine How Quickly You Can Get Divorced in Missouri
While the state mandates divorces cannot be finalized sooner than 30 days after filing, that’s just the very minimum. In reality, many divorces take significantly longer to resolve, depending on the circumstances.
Whether You Choose a Contested or Uncontested Divorce
A big factor is whether the divorce is contested or uncontested. An uncontested divorce, where both spouses agree on every issue like asset division, child custody, support payments, etc., can potentially be wrapped up in just a couple of months. But if you and your soon-to-be ex can’t see eye-to-eye, brace yourself – a contested divorce requiring a trial can take six months to a year or more to finalize.
If You and Your Spouse Can Get Along
Contested divorces drag on because there are so many potential areas of disagreement that require negotiation or intervention by a judge. Maybe you can’t get on the same page about alimony or how to split up the marital home and other assets. Or perhaps custody is a major sticking point if one parent wants more timesharing than the other. When parties refuse to budge, it falls on the court to examine evidence and testimony then make legally-binding decisions.
Hiccups in the Case or Court
Even in uncontested cases demanding fewer court hearings, unexpected snags can arise that delay reaching the finish line. If kids are involved, their best interests have to be closely evaluated during custody proceedings. Or one spouse could accuse the other of financial misconduct or hiding assets, requiring extensive records examination. Some counties’ court dockets are simply overloaded, making continuances inevitable.
A United Front Speeds Things Up
The easiest, fastest way to a Missouri divorce is if you and your spouse unite around an agreement you can jointly present to the court. But the second the conflict escalates, the process risks becoming an ugly, drawn-out battle. Having skilled legal counsel to help negotiate fair terms is invaluable for protecting your rights while aiming for an efficient resolution.
How Our Divorce Lawyers Help Speed Up Your Divorce (When It Makes Sense)
At Raza Family Law Solutions, we know that in most cases, people want to finalize their divorce as quickly as possible and move on with their lives. Our divorce attorneys are skilled at facilitating uncontested divorces where both spouses can reach a mutually agreeable settlement out of court.
Through collaborative negotiation, we’ll help you and your soon-to-be-ex fairly divide assets, determine child custody arrangements, set reasonable support payments, and resolve any other outstanding matters. With compromise from both sides, these cases can often be wrapped up in just a few months.
However, we recognize that accelerating the process isn’t always smart. If your spouse is uncooperative, hiding finances, or blatantly acting against your interests, rushing towards a quick resolution could put your rights and future at risk. In these cases, our team doesn’t hesitate to protect you through court hearings or an extensive trial if needed.
No matter the situation, our divorce approach prioritizes your unique goals and circumstances over recklessly pursuing speed for speed’s sake. We’ll carefully evaluate the specifics, advise you on the smartest path forward, and advocate for your best interests every step of the way.
Don’t Let Your Divorce Drag Out Unnecessarily
If you want to finalize your divorce efficiently yet preserve your rights and interests, it’s critical to have the right legal strategy and representation from the start.
The family law attorneys at Raza Family Law Solutions have extensive experience negotiating fair settlements and pursuing pathways to help our clients get divorced faster.
Contact us today to schedule an initial consultation where we can evaluate your specific circumstances and lay out a divorce strategy aligned with your priorities.
