Divorce Timelines in Missouri: Contested vs. Uncontested

Initiating divorce proceedings in Missouri can be a complex process, and the length of the process will largely depend on whether your case is contested or not. Understanding the difference between these two types of divorces can help you prepare for what lies ahead. 

At Columbia Family Law Group, our experienced attorneys are here to guide you through each step of the process, protecting your rights and working towards a fair resolution. We provide personalized attention to each client, ensuring you have the best possible outcome.

Uncontested Divorce in Missouri: A Faster Process

An uncontested divorce is when both spouses agree on all the essential terms of their divorce without the need for legal action or court involvement. In Missouri, an uncontested divorce can be pursued if both parties agree on all significant aspects of the divorce, including but not limited to:

Division of property and debts

Under Missouri’s principle of equitable distribution, the court must divide marital property fairly and justly, although it is not necessarily equally. In an uncontested divorce, parties can negotiate and agree on the division of all marital assets and liabilities, including real estate, personal belongings, bank accounts, retirement benefits and debts such as credit card debt or mortgages.

Child custody and parenting time

If there are minor children, the couple should agree on a parenting plan that outlines legal custody (decision-making responsibilities) and physical custody (the child’s residence). The law in Missouri favors shared parenting when it is in the best interest of the child.

Child support and spousal maintenance

The parties must also agree on child support payments, which should be in accordance with the Missouri Child Support Guidelines found in Form 14 and Supreme Court Rule 88. These guidelines take into account factors such as both parents’ income, the number of children, and the custody arrangement. While the court typically adopts agreed-upon child support amounts, it will review them to ensure that they meet statutory standards and protect the child’s best interests.

Since there are no disputes, the process moves much faster. In Missouri, a 30-day waiting period begins from the date of filing until the divorce can be finalized. If all necessary paperwork is submitted correctly and without complications, an uncontested divorce often can be completed in two to three months.

However, even in an uncontested divorce, it is crucial to have an attorney review the agreement to ensure that it complies with Missouri law and protects your long-term interests.

Contested Divorce in Missouri: A Lengthier Legal Process

A contested divorce occurs when the spouses cannot agree on one or more significant issues arising from the dissolution of their marriage. These issues can include custody of children, division of property, debts, alimony, and other significant aspects of divorce. In such cases, the issue must be resolved through legal procedures, which can significantly extend the time and complexity of the divorce process.

Key Stages in a Contested Divorce in Missouri

1. Filing of the Petition and Response. 

The process begins when one spouse, the petitioner, files a petition for divorce with the appropriate circuit court in Missouri. The other spouse, the respondent, must be served with the petition within a specified time period, typically 30 days according to Rule 54.05(b) of the Missouri Rules of Civil Procedure. The respondent then has a set period of time to file a response, either contesting the petition or agreeing with it.

2. Temporary Orders

During the process of divorce, either party may ask for temporary orders to deal with urgent issues, such as:

• Child custody and visitation arrangements
• Spousal or child support payments
• Use of marital assets (e.g., family home or vehicles)
• Payment of bills and other expenses

3. Mandatory Mediation (in Many Counties)

Before proceeding to trial, many counties in Missouri require parties to participate in mediation, an alternative dispute resolution (ADR) process designed to help resolve disputes outside of court. §452.350 of the RSMo states that courts may refer parties to mediation to try and resolve contested issues. Although not all counties require mediation, it is often ordered in cases involving children or complicated financial disputes.

4. Discovery Process

Contested divorces often require an extensive discovery process, during which each party attempts to gather relevant information and documentation from the other party. This may involve:

• Financial disclosures, such as income, assets, and liabilities
• Tax returns
• Bank statements
• Employment records
• Appraisals of real estate and business interests
• Custody evaluations, if children are involved

5. Pretrial Motions and Hearings

Prior to trial, lawyers may file various pre-trial motions, such as:

• Motions to obtain information (discovery)
• Motions in limine (to exclude certain evidence)
• Requests for a delay (continuance)

The judge may also hold pre-trial meetings to narrow the issues at hand and encourage a settlement before the trial.

6. Trial and Final Judgment

If the parties are still unable to resolve their differences after mediation or other attempts to reach a settlement, the case will proceed to trial. At trial, both sides present evidence and witnesses, and the judge makes a final decision. After the trial, the court issues a judgment dissolving the marriage, which outlines the rights and responsibilities of each party. This judgment becomes legally binding when it is entered.

How an Attorney Can Help Speed Up Your Divorce

Having an experienced divorce attorney is essential for contested cases. The Columbia Family Law Group LLC assists clients in navigating negotiations, mediation, and litigation to achieve the best possible outcome. Whether the divorce is contentious or not, working with an expert family law attorney can streamline the process and help achieve a resolution more efficiently. 
Our firm has over 35 years of experience in handling divorces in Missouri, and we are dedicated to finding the right solution for each client. If you are considering divorce, contact us today for a consultation. We can help you move forward with confidence.