Deciding to end a marriage is never easy. At Raza Family Law Solutions, we’re here to guide you through this difficult time and help you make informed decisions that protect your interests and those of your children.
In Missouri, there are two main types of divorce: uncontested and contested. The path you choose can significantly impact the length, cost, and overall stress of the process. Our experienced family law attorneys will explain the differences between these two options and help you determine the best approach for your situation.
What is an Uncontested Divorce?
An uncontested divorce is one where both parties agree on all the important issues, such as property division, alimony, child custody, and support. In Missouri, to file for an uncontested divorce, you and your spouse must have a written agreement that addresses these matters. This agreement is then presented to the court for approval.
The primary benefit of an uncontested divorce is that it’s typically faster, less expensive, and less stressful than a contested divorce. By working together to reach a settlement, you and your spouse maintain control over the outcome rather than leaving it in the hands of a judge.
How Long Does an Uncontested Divorce Take in Missouri?
The timeline for an uncontested divorce in Missouri varies depending on factors like the court’s caseload and how quickly you and your spouse can reach an agreement. However, on average, an uncontested divorce can be finalized within 30 to 90 days from the date of filing.
Missouri law requires a waiting period of 30 days after filing before a divorce can be finalized. This gives both parties time to reflect on their decision and ensures they want to proceed with the divorce.
Uncontested Divorce Forms in Missouri
To file for an uncontested divorce in Missouri, you’ll need to complete several forms, including a Petition for Dissolution of Marriage, a Statement of Property, an Income and Expense Statement, a Marital Settlement Agreement, and a Judgment of Dissolution of Marriage. All of these forms can be obtained from the Missouri Courts website or your local courthouse with the exception of a Marital Settlement Agreement which is usually drafted by a family law attorney.
It’s important to complete these forms accurately and thoroughly. Any mistakes or omissions could delay the process or even result in your divorce being denied.
Cost of an Uncontested Divorce in Missouri
The cost of an uncontested divorce in Missouri is generally lower than a contested divorce, as there are fewer legal fees and court appearances. However, there are still some costs to consider:
- Filing fees: In Missouri, the filing fee for a divorce petition is around $150 to $300, depending on the county.
- Attorney fees: While not required, hiring an attorney to review your settlement agreement and ensure your rights are protected can be beneficial. Attorney fees for an uncontested divorce are typically lower than for a contested divorce.
What is a Contested Divorce?
A contested divorce occurs when the parties cannot agree on one or more critical issues, such as property division, alimony, or child custody. In some cases, one spouse may refuse to sign the divorce papers altogether. When this happens, the case must go through the court system, and a judge will make the final decisions on the disputed issues if the parties cannot reach an agreement.
The process of a contested divorce in Missouri typically involves:
- Filing for divorce and serving the other spouse with the petition.
- The discovery phase, where both parties exchange financial and other relevant information.
- Negotiation and mediation attempts to resolve disputed issues.
- If no agreement is reached, the case proceeds to trial, where a judge makes the final decisions.
How Long Does a Contested Divorce Take in Missouri?
The length of a contested divorce depends on various factors, including the complexity of the issues, the willingness of both parties to compromise, and the court’s availability. On average, a contested divorce in Missouri can take anywhere from six months to a year or more to finalize.
Some potential delays that can extend the timeline include:
- Difficulty serving the other spouse with divorce papers
- Extensive discovery requests
- An unreasonable attorney is representing your spouse
- Waiting for court dates
- Appeals of the court’s decision
Can You Contest a Divorce After It’s Final in Missouri?
In Missouri, there are limited circumstances under which a divorce decree can be challenged after it’s been finalized. These include:
- Fraud: If one party lied or concealed assets during the divorce proceedings.
- Duress: If one party was coerced or threatened into agreeing to the divorce terms.
- Mistake: If there was a significant error in the divorce decree.
To contest a finalized divorce, you must file a motion with the court within a specific time frame, usually within 30 days of the judgment. Proving grounds for contesting a divorce can be challenging, so it’s essential to consult with an experienced family law attorney.
Choosing Between an Uncontested and Contested Divorce
When deciding between an uncontested and a contested divorce, consider the following factors:
- Your relationship with your spouse: Can you communicate effectively and work together to reach a fair agreement?
- The complexity of your case: Do you have significant assets, debts, or child custody issues to resolve?
- Financial considerations: Can you afford the potentially higher costs of a contested divorce?
- Impact on children: How will the type of divorce you choose affect your children’s well-being?
Ultimately, the best approach depends on your situation. Consulting with a family law attorney can help you weigh your options and make an informed decision.
At Raza Family Law Solutions, we understand the challenges and emotions involved in the divorce process. Our team is here to guide you through every step, whether you’re pursuing an uncontested or contested divorce. We’ll work to protect your rights and help you achieve the best possible outcome for your future.
If you’re considering divorce in Missouri, don’t hesitate to contact us for a consultation. Together, we can explore your options and develop a strategy tailored to your needs.
