Answering Your Top Divorce Questions
Navigating Missouri’s divorce process can be challenging even in the most amicable of circumstances. At Grant, Miller & Smith, LLC, we want to help you find answers so that you can ease your uncertainty and protect your rights throughout your legal journey.
Please read our answers to questions that our attorneys regularly hear during consultations. If you are still unsure of your options, do not hesitate to reach out to us to arrange your private consultation.
How long do divorce proceedings take?
It depends. Each family’s set of circumstances is different, so it makes sense that each case will conclude on its own schedule. In general, when both parties agree to terms, the process can be streamlined. For example, an uncontested divorce can be finalized in as little as 45 to 60 days.
When children and complex assets are involved in the split, these factors can complicate the process. Both parties will need to agree to terms for custody, financial orders of support and property division. If they can’t, it can take considerably longer to resolve a divorce dispute in court. A contested divorce may take six months, but it can extend beyond a year in highly acrimonious situations.
Will my inheritance be subject to property division when I divorce?
No. Inheritance is not considered marital property, which refers to possessions, assets or other properties acquired during a marriage.
Do I need to divide my pension with my spouse?
You might. Unlike an inheritance, a pension or retirement benefits could be considered marital property. If your employer added to your pension during your marriage, you could be required to share your pension with your soon-to-be-ex.
This can be a difficult issue to resolve without an attorney’s help. We can advise you on your options whether your pension is vested or unvested.
What elements of a divorce decree can be modified?
The terms of child support, child custody and visitation agreements can be modified to reflect a change in circumstances. Spousal maintenance may be modified unless the parties agreed to a nonmodifiable agreement. The terms of the property division agreement cannot be modified.
Before you sign the terms of your agreement, it is critical to have an attorney review the terms of your contract to see if they serve your best interests.
Do You Have Other Questions? Contact Us For Assistance.
Our offices are conveniently located in St. Louis and St. Charles.