Do Both Spouses Have to Agree to Divorce in Missouri?
Divorce can be an emotionally challenging process, especially when one partner does not want to end the relationship. If you are considering getting a divorce in Missouri, you might wonder if both spouses must agree to legally end the marriage. The answer is no – Missouri law allows one spouse to file for a divorce even if the other person does not agree.
In Missouri, both contested and uncontested divorces are recognized. This means that the divorce process may differ depending on whether or not the spouses agree. At Columbia Family Law Group LLC, our skilled attorneys can assist clients in navigating this process, whether the divorce is amicable or contentious. If you are facing a contested divorce, our team can provide the necessary legal support to help you through this difficult time.
Understanding Missouri Divorce Laws
Missouri is a “no-fault” divorce state, which means that spouses do not need to prove any wrongdoing, such as adultery or abuse, to file for divorce. Instead, the most common grounds for divorce in Missouri are based on an “irretrievable breakdown of the marriage” under Missouri Revised Statutes §452.305, which simply means that the marriage cannot be fixed.
While Missouri also allows divorce based on fault (e.g., adultery, abandonment, or cruelty), most couples choose no-fault divorce because it is simpler and less contentious. It is important to note that only one spouse needs to declare that the marriage has been irreparably broken – the other spouse can not indefinitely block the divorce.
Uncontested vs. Contested Divorce in Missouri
Uncontested Divorce (Both Spouses Agree)
An uncontested divorce is when both parties agree on the following:
- The division of marital assets and liabilities
- Child custody and child support (if applicable)
- Spousal support (alimony)
The advantages of an uncontested divorce are:
- A quicker resolution, often completed within a few months.
- Lower legal expenses, as there is minimal court involvement.
- Reduced stress, as lengthy legal proceedings are avoided.
In an uncontested divorce, either spouse can file a joint petition, or one spouse can file with the other’s agreement.
Contested Divorce (One Spouse Disagrees)
If one spouse refuses to cooperate or disputes the terms of a divorce, the process becomes contested. Here are some key points to keep in mind:
- The unwilling spouse cannot stop the divorce – Missouri courts can grant a divorce even if one person objects.
- The filing spouse must properly serve divorce papers to the other spouse.
- If the other spouse ignores the petition, the court may issue a default judgment.
- If they actively contest the divorce, the case may proceed to trial, where a judge will decide on any unresolved issues.
What Happens If One Spouse Refuses to Cooperate?
Even if your partner is reluctant to sign the divorce papers or tries to delay the process, it is still possible to proceed with the divorce. The courts have procedures in place to deal with situations where one party is uncooperative. Firstly, your partner must be served with the divorce documents. If they refuse to accept service, alternative methods such as publishing a notice in a local newspaper or using a substitute service may be allowed by law.
After the service has been completed, the legal process proceeds. If your partner does not reply within the specified timeframe, the court may grant a default judgment based on information provided by the filing party. Alternatively, if your spouse decides to contest the divorce, the court will hold hearings or trials to resolve any disagreements regarding issues such as property division, child custody, and financial support.
Ultimately, once all legal requirements have been met and any disputed matters have been decided by the court, the court will issue a final divorce judgment. This decision officially ends the marriage, regardless of the parties’ agreement or active participation in the proceedings.
Key Considerations in a Missouri Divorce
The court has the power to finalize a divorce even if one party disagrees or refuses to cooperate in the process. After all the necessary legal procedures have been followed, including proper service of the divorce papers, the case can continue without the cooperation of both parties. If one party does not respond or actively opposes the divorce, the court may still make a decision based on the evidence and information presented by the other party.
When there are disputes regarding important matters such as property division, child custody, or financial support, a court may require the couple to participate in mediation before moving forward with a trial. Mediation is a voluntary process in which a neutral third party helps the parties reach an agreement. If the mediation process fails, the case will be referred to litigation, where a judge makes final decisions on all disputed issues.
Because divorces can be complex and challenging, it’s important to work with a professional divorce attorney. A qualified lawyer can help you protect your rights and guide you through the process. They can ensure that your financial, property, and child custody interests are properly represented in court.
Moving Forward with Your Divorce in Missouri
In Missouri, both spouses do not need to agree on a divorce. Even if one spouse opposes the divorce, the court can still grant a divorce if all legal requirements are met. Contested divorces involve complex issues such as asset division, custody and support, which make skilled legal representation essential.
Columbia Family Law Group LLC has over 35 years of experience helping clients navigate divorce proceedings. Our attorneys are dedicated to protecting your rights and achieving the best possible outcome for your case. If you are facing resistance from your spouse during the divorce process, we can help you. Contact us for a consultation if you need assistance with your divorce in Missouri.