Do You Have to Appear in Court for a Divorce in Missouri?

Divorce can be a complex legal process, and many people wonder whether they must appear in court to finalize their divorce in Missouri. The answer depends on several factors, including whether the divorce is contested or uncontested, the presence of children, and the specific requirements of the court handling the case. Your attorney can help you determine whether your in-person presence is necessary for any particular hearing.

At Columbia Family Law Group, LLC, our experienced Missouri divorce attorneys work hard to protect your rights and limit how much time you have to spend in the courtroom. We are powerful negotiators who seek to resolve cases when possible. We are also talented litigators who can fight for you in court. Schedule a consultation to learn more.

Understanding Missouri Divorce Laws

Missouri is a no-fault divorce state, meaning that spouses do not need to prove wrongdoing to obtain a divorce. Instead, one party must simply state that the marriage is irretrievably broken. While this simplifies the process, court appearances may still be necessary depending on the circumstances of the case.

Contested vs. Uncontested Divorce

The need to appear in court largely depends on whether the divorce is contested or uncontested:

• Uncontested Divorce: If both spouses agree on all terms, including property division, child custody, and support, court appearances may be minimal. In some cases, a judge may finalize the divorce without requiring either party to appear.
• Contested Divorce: If spouses disagree on any aspect of the divorce, court hearings will be necessary. These hearings allow both parties to present arguments, and a judge will make decisions on unresolved issues.

When Is a Court Appearance Required?

While some divorces can be finalized without a court appearance, certain situations require one:

1. Divorces Involving Minor Children: If the divorce involves child custody or support, Missouri courts typically require at least one hearing to ensure that the arrangements serve the best interests of the child.
2. Disputed Property or Financial Issues: If spouses cannot agree on asset division, alimony, or debt responsibility, a judge may require a court appearance to resolve these matters.
3. Failure to Reach a Settlement: If mediation or negotiation fails, a court appearance is necessary to finalize the divorce terms.
4. Default Divorce: If one spouse does not respond to the divorce petition, the filing spouse may need to appear in court to request a default judgment.

The short answer: You must appear in court when the judge says so. Your attorney will ensure you know the expectations and comply with all requirements.

How to Potentially Avoid a Court Appearance

If you prefer to avoid appearing in court, consider the following options:

• Mediation: Working with a mediator can help spouses reach agreements without litigation.
• Settlement Agreements: If both parties agree on all terms, they can submit a written agreement to the court for approval.
• Legal Representation: Attorneys can handle filings and negotiations, reducing the need for personal court appearances.

What Happens During a Court Appearance?

If a court appearance is necessary, expect the following:

• Presentation of Evidence: Each party may present documents and testimony supporting their claims.
• Judge’s Review: The judge will assess the case and determine whether the proposed terms are fair.
• Final Judgment: Once all issues are resolved, the judge will issue a final divorce decree.

If you are nervous about how to act in court or what you are supposed to do, your Missouri divorce attorney will help with all of that. We educate you on the expectations and guide you through the legal process.

Seek Help from an Experienced Missouri Divorce Attorney

While some Missouri divorces can be finalized without a court appearance, others require hearings based on the complexity of the case. If you and your spouse can reach an agreement on all terms, you may be able to avoid appearing in court. However, contested divorces, cases involving children, and disputes over assets often require judicial intervention.

The Missouri divorce attorneys at Columbia Family Law Group, LLC are ready to help with your divorce. Contact us today for a consultation of your case.