What Happens After You File for Divorce in Missouri? Timeline Explained

Hands of wife, husband signing decree of divorce

Filing for divorce is a complex decision that often requires careful consideration. Once you have taken this important step, it is essential to understand what will happen next in order to make the process as smooth as possible. At Columbia Family Law Group, with over 35 years of experience in Missouri family law, our team of experts will guide you through every step with clarity and compassion. In this article, we will provide a detailed overview of what to expect after filing for divorce.

Step 1: Filing the Petition (Day 1)

The process officially begins when one spouse, known as the petitioner, files a petition for dissolution of marriage with the circuit court in their county of residence. According to Missouri Revised Statutes § 452.305, Missouri is a no-fault divorce state, which means that you only need to prove that the marriage has become “irretrievably broken”. You do not need to provide evidence of wrongdoing by either party.

Step 2: Serving Your Spouse (Days 1–30)

After the petition has been filed, your spouse – the respondent – must be formally notified. This process is called service of process. According to Missouri law, the respondent must be served with a copy of the petition and a summons. This can be done through a sheriff, a private process server, or by accepting service if the other spouse agrees.

Once served, the respondent has 30 days to file a written response. If they do not respond, the court may issue a default judgment in favor of the petitioner.

Step 3: The 30-Day Waiting Period

Missouri has a mandatory 30-day waiting period after a divorce petition is filed. This period is intended to give both parties time to reconsider their decision and pursue reconciliation if they wish. Even in cases where there are no disputes, the parties must wait out the full cooling-off period.

Step 4: Temporary Orders (If Needed)

During the divorce process, either party may request temporary court orders to address urgent issues such as child custody, child support, spousal support, or exclusive use of the marital home. These orders are in effect until the final divorce decree is issued, and they are particularly important if there are minor children involved.

Step 5: Discovery and Negotiation (Weeks to Months)

During the discovery phase, both parties exchange financial documents, asset inventories, and other relevant information. This is when Missouri’s equitable distribution standard becomes relevant. The courts in Missouri divide marital property based on what is considered “fair”, which does not necessarily mean equal. The court takes into account factors such as the length of the marriage, each spouse’s contributions, and economic circumstances when making decisions.

If children are involved in a case, the court will apply Missouri’s child custody guidelines, which prioritize the best interests of the child. Child support payments are calculated using a formula provided by the state, taking into account each parent’s income and the amount of time they spend with the child.

Step 6: Settlement or Trial

Most Missouri divorces are settled through a marital settlement agreement negotiated between the parties, often with the assistance of attorneys or through mediation. If a settlement cannot be reached, the matter may proceed to trial, at which point a judge will make final decisions regarding all outstanding issues.

Step 7: Final Decree of Dissolution

Wedding rings on final divorce decree document

Once all issues have been resolved, either through negotiation or a court decision, the judge will sign the final decree dissolving the marriage. At that point, the marriage will legally dissolve. The whole process can take anywhere from 30 days for a simple, uncontested case, to more than a year in highly contentious cases.

Speak With an Experienced Missouri Divorce Attorney

Every divorce is unique, and the timeframe mentioned above may vary significantly depending on the complexity of your situation, the presence of children, and the level of cooperation between the parties. The attorneys at Columbia Family Law Group have been helping families in the Columbia area navigate the Missouri divorce process for more than 35 years. We are here to provide you with skilled and compassionate representation that your case deserves.