Divorce can be a difficult and emotional process. Knowing what to expect during a hearing in Missouri helps reduce anxiety. Columbia Family Law Group has more than 35 years’ experience guiding clients through divorce cases. We ensure their rights are protected and cases are settled quickly.

Missouri Divorce Laws: The Legal Background

Missouri divorce laws are regulated by Chapter 452 of the Missouri Revised Statutes. In order to file for a divorce in Missouri, both spouses must have been residents of the state for at least 90 days before filing. Missouri is a “no-fault” divorce state, which means that the court does not require evidence of wrongdoing, such as adultery or abandonment, in order to grant a divorce. Instead, one spouse only needs to prove that the marriage is “irretrievably broken”.

What Happens at a Divorce Hearing?

A divorce hearing is a legal process in which a judge evaluates the terms of a divorce and makes legally binding decisions. The specifics of the hearing will depend on whether the divorce is contested (spouses disagree on important issues) or uncontested (both spouses agree on all aspects of the divorce).

1. Uncontested Divorce Hearing

If both spouses are in agreement on all aspects of the divorce, such as property division, child custody and support, the hearing will typically be straightforward. The judge will then:

• Review the Marriage Settlement Agreement, a written agreement outlining the terms and conditions of the marriage.
• Ask basic questions to make sure both parties fully understand and voluntarily agree to the terms.
• Issue a Judgment of Dissolution of Marriage, finalizing the divorce proceedings.

Due to the lack of disputed issues in uncontested divorce cases, these cases usually require minimal court involvement and are resolved more quickly and with lower legal fees.

2. Contested Divorce Hearing

If spouses are unable to reach an agreement on key issues, the divorce process may become more complicated. A judge may:

• Listen to arguments from both sides regarding property disputes, child custody cases, and spousal support issues.
• Review evidence, including financial documents, witness testimony and expert reports.
• Make decisions on unresolved issues based on the laws of Missouri.

Missouri courts follow equitable distribution rules when dividing marital property. This means that assets are divided fairly (although not always equally). Child custody decisions are made based on what is best for the child, considering factors such as parental stability and the child’s needs.

Courtroom Procedure: What to Expect on the Day of the Hearing

A divorce hearing in Missouri takes place in a family courtroom, usually within the Circuit Court of the county where the divorce papers were filed. Both spouses must attend the hearing, unless they are excused by the judge for good reason, such as illness or deployment. If one or both spouses have a lawyer, the lawyer can appear in their place. However, judges often prefer the parties to be present in person, especially when there are complicated issues related to custody, child support, or finances. 

When the hearing begins, the participants and their lawyers check in with the court official and wait in the designated area. The public is usually allowed to attend the hearing unless there is a request for confidentiality, which is common in cases involving domestic abuse or sensitive financial matters.

The proceedings follow a formal structure guided by the Missouri Rules of Civil Procedure and local court rules. Typically, the petitioner presents their case first, followed by the respondent’s opportunity to respond. Both parties have the chance to make opening statements, present evidence and cross-examine witnesses. If allowed by the judge, each side may also deliver a closing argument. The atmosphere in court is professional and respectful, and disruptions or emotional outbursts can negatively influence the judge’s decision.

Testimony & Evidence: Building Your Case Before the Court

During the hearing, both parties will present testimony and submit evidence to support their positions on issues such as child custody, spousal support, property division, and child support. Each party, or their attorney, will call witnesses – often the spouses themselves, experts such as forensic accountants or child psychologists, or character witnesses who can speak about parenting abilities or financial conduct.

Direct examination will take place first, followed by cross-examination by the opposing party. The judge may also ask questions to clarify any inconsistencies or better understand the circumstances of a party.

Missouri follows the principle of equitable distribution in divorce cases, which means that the court will carefully examine which assets and debts were acquired during the marriage and which were separate, owned before the marriage or received as gifts or inheritances. The party claiming an asset as separate property has the burden of proving it by a preponderance of evidence.

In child custody cases, judges evaluate all evidence based on the “best interests of the child” standard. They consider factors such as the stability of the home, parental involvement, and history of abuse or neglect when making decisions about custody arrangements.

Judge’s Decision: Finalizing the Divorce Decree

After both parties have presented their arguments, the judge may deliver oral decisions from the bench in simpler cases. However, in more complicated matters, the judge will “take the case under consideration” and issue a written judgment on the dissolution of marriage at a later date. The final decision is filed with the court and becomes public record. Once it has been entered, it becomes legally enforceable.

Either party can appeal specific decisions within 30 days, but appeals in family law cases are limited and require proof that the trial court has abused its discretion or misinterpreted the law. It’s important to note that a judge’s decision is final unless it is successfully appealed or modified due to significant changes in circumstances such as job loss, relocation or changes in child custody.

Seek Experienced Legal Guidance

Navigating a divorce in Missouri requires an understanding of state laws and court procedures. Whether your divorce is contested or not, having skilled legal representation can significantly impact the outcome of your case.

Columbia Family Law Group has over 35 years of experience handling Missouri family law cases. We understand the emotional challenges of divorce and strive to provide compassionate and effective representation for our clients. From preparing documents to advocating in court, we are here to guide you through every step of the process.

If you’re facing a divorce and have legal ties to Connecticut, don’t go through this process alone. Contact Columbia Family Law Group to schedule a consultation and protect your rights.