Introduction to Uncontested Divorce in Missouri
In Missouri, an uncontested divorce is a type of divorce where both spouses agree on all aspects of the divorce, including property division, child custody, and spousal support. This type of divorce is often less expensive and less time-consuming than a contested divorce.
To file for an uncontested divorce in Missouri, you and your spouse must meet certain requirements, including being a resident of the state for at least 90 days and having a valid grounds for divorce, such as irreconcilable differences.
Grounds for Divorce in Missouri
In Missouri, the most common grounds for divorce is irreconcilable differences, which means that the marriage is no longer viable due to differences between the spouses. Other grounds for divorce in Missouri include adultery, abandonment, and conviction of a felony.
It's essential to note that Missouri is a no-fault state, which means that you do not need to prove that your spouse is at fault for the divorce. You can simply state that the marriage is irretrievably broken and that you and your spouse have irreconcilable differences.
Filing for Divorce in Missouri
To file for divorce in Missouri, you will need to submit a petition for dissolution of marriage to the circuit court in the county where you or your spouse resides. The petition must include information about your marriage, including the date and place of your wedding, as well as the grounds for divorce.
You will also need to provide financial information, including your income, assets, and debts, as well as information about any children you and your spouse have together. This information will be used to determine child custody, child support, and property division.
Divorce Process in Missouri
After you file the petition for divorce, your spouse will be served with a summons and a copy of the petition. Your spouse will then have 30 days to respond to the petition, although they may waive this right if they agree to the divorce.
If your spouse does not respond to the petition, the court may enter a default judgment, which means that the divorce will be granted without a hearing. However, if your spouse does respond, the court may schedule a hearing to determine the terms of the divorce.
Finalizing the Divorce in Missouri
Once the court has entered a judgment of dissolution of marriage, the divorce is final. You will receive a copy of the judgment, which will include the terms of the divorce, including property division, child custody, and spousal support.
It's essential to note that the divorce is not final until the court has entered the judgment, so you should not consider yourself divorced until you have received a copy of the judgment. After the divorce is final, you may need to take additional steps, such as changing your name or updating your estate plan.
Frequently Asked Questions
How long does it take to get a divorce in Missouri?
The length of time it takes to get a divorce in Missouri varies, but an uncontested divorce can typically be finalized in 30-60 days.
Do I need a lawyer to get a divorce in Missouri?
While it's not required to have a lawyer to get a divorce in Missouri, it's highly recommended to ensure that your rights are protected and that the divorce process goes smoothly.
How much does a divorce cost in Missouri?
The cost of a divorce in Missouri varies, but an uncontested divorce can cost between $500-$2,000, depending on the complexity of the case and the lawyer's fees.
Can I get a divorce in Missouri if my spouse is not a resident?
Yes, you can get a divorce in Missouri even if your spouse is not a resident, as long as you meet the residency requirements and follow the proper procedures.
What is the difference between a contested and uncontested divorce in Missouri?
A contested divorce is a divorce where the spouses do not agree on all aspects of the divorce, while an uncontested divorce is a divorce where the spouses agree on all aspects of the divorce.
Can I appeal a divorce judgment in Missouri?
Yes, you can appeal a divorce judgment in Missouri, but you must do so within a certain time frame, typically 30 days, and you must have valid grounds for the appeal.