A divorce is an emotional and stressful experience for all parties involved, particularly when disputes arise over key issues like marital property division, child custody and support, and spousal maintenance. However, not all divorces have to result in lengthy legal battles. In Missouri, an uncontested divorce is a cost-effective and efficient option for couples who agree on the terms of their divorce.
What Is an Uncontested Divorce?
A divorce is considered uncontested when both parties agree on all aspects of the separation, including:
- The division of marital property and debts
- Child custody and visitation
- Child support
- Alimony (spousal maintenance), if applicable
With these disputes resolved, court intervention may not be needed, which can significantly speed up the divorce process.
Benefits of an Uncontested Divorce
When possible, an uncontested divorce is often the best option for both parties due to the following advantages over a contested divorce:
- Uncontested divorces typically have faster resolutions and may be completed within 30 to 60 days.
- Uncontested divorces typically have lower legal costs due to the reduced need for court appearances.
- Uncontested divorces typically result in less emotional strain by minimizing conflict and promoting cooperation between the parties.
- Uncontested divorces typically give the parties more control over the terms of their divorce agreement since a judge does not make the decisions for them.
Preparing and Filing Your Petition
The Missouri divorce process begins with one spouse filing a Petition for Dissolution of Marriage in the circuit court for the county where either party resides. This petition may include additional documents, such as an Income and Expense Statement, a Statement of Property and Debt, and a Parenting Plan if there are minor children.
If both parties agree to the divorce terms, they may file a joint petition, which can further streamline the process.
Serving the Other Party
If the divorce isn’t filed jointly, the filing spouse must notify the other party by serving them with divorce papers. In an uncontested divorce, the party receiving the divorce papers signs a Waiver of Service acknowledging their receipt of the petition. The party must sign the petition in the presence of a notary public and file it with the court.
Waiting Period
After one party serves the other with divorce papers, Missouri has a 30-day waiting period during which the party against whom the divorce petition is filed can submit a written response. In an uncontested divorce, a response may be unnecessary, as the parties already agree on the terms. However, the 30-day waiting period is still required.
Filing a Settlement Agreement
In uncontested divorces, the parties typically file a marital settlement agreement outlining their terms, including the division of assets, custody arrangements, and spousal maintenance. This document must be signed by both parties and approved by the court to be valid.
If there are minor children, the parties must also submit a parenting plan that outlines custody, visitation, and child support. Missouri courts prioritize the child’s best interests and will review the plan through that lens.
Final Hearing and Judgment
Finally, you may be able to skip a formal hearing before a judge if you have no minor children and agree to all terms of the divorce. Otherwise, you will go to a brief hearing where the judge will confirm the terms before issuing a Judgment of Dissolution of Marriage.
Contact Our Missouri Divorce Attorneys
Are you planning to divorce your spouse, or has your spouse served you with divorce papers in Missouri? Contact Grant, Miller & Smith, LLC, to speak with a knowledgeable and experienced divorce attorney about your case. Our team is committed to protecting your best interests throughout the divorce process, whether your divorce is contested or not.