Filing for an Uncontested Divorce in Missouri: The Benefits and Process
When filing for divorce in Missouri, there are two different options: uncontested and contested. Contested divorce is where spouses have differing opinions on some issues while uncontested divorce is when they agree on all issues. Uncontested divorce is the easiest way to get a divorce in Missouri, as it typically doesn’t involve any negotiating. In this blog, we will be taking a deeper look at uncontested divorce in Missouri, going over the process of filing for it and the potential benefits.
What is an Uncontested Divorce?
The definition of uncontested divorce is a divorce where both parties mutually agree on the terms of their separation outside of court. Some of the different terms may include division of property, child custody, and any other legal agreements necessary.
Differences Between Contested and Uncontested Divorce
Some of the key differences between contested and uncontested divorce include:
- Agreements: In a contested divorce, the parties do not agree on all issues and need legal assistance to come to a decision, unlike uncontested where they agree and do not need to involve legal assistance.
- Timing: Since contested divorce may involve legal assistance such as a court hearing to agree, it can be a much lengthier process than with uncontested divorce.
The Benefits of Filing for an Uncontested Divorce in Missouri
- Lower Costs: Since both parties agree on the key issues, there is no need to involve much legal assistance. The costs involved with the time spent with attorneys and lengthy court hearings can get expensive.
- Faster Resolution: Uncontested divorces are typically resolved much faster than contested divorces. Without the need for disputes to be settled in court, the process moves at a quicker pace.
- Less Stress: With both parties coming to a mutual agreement, there is much less stress involved in uncontested divorce. Having to argue through court can make the process more stressful.
- Greater Control Over Outcomes: The parties in an uncontested divorce have more control over the outcome of their divorce than in a contested divorce. There is no need for court intervention and a judge to make the decisions.
The Process of Filing for an Uncontested Divorce in Missouri
Before you start the process of filing for an uncontested divorce in Missouri, you will need to determine eligibility. The first aspect involves residency. At least one spouse must be a resident of Missouri for at least 90 days before filing for divorce. Additionally, Missouri is a no-fault divorce state, meaning that the only ground for divorce is “irreconcilable differences,” stating that the marriage is beyond repair. After eligibility is determined, you can begin to filing process.
Here is a simplified breakdown of the steps:
1. Filing the Petition: First, the spouse seeking the divorce must file a “Petition for Dissolution of Marriage” with the local court and “serve” the other spouse with the divorce papers.
2. Drafting a Settlement Agreement: Next, you will need to develop a settlement agreement. This will outline how assets will be divided, custody arrangements, and any other necessary agreements. It is recommended to work with an attorney to create this to confirm it is legally binding.
3. Court Review and Approval: Once the settlement agreement is completed, all relevant documents will need to be submitted to the court for review. The court may require a brief hearing to confirm the terms of the agreement, which is typically straightforward for uncontested divorces.
4. Finalizing the Divorce: After the court finalizes the divorce, a final decree of dissolution will be issued that officially ends the marriage.
Let Columbia Family Law Help
While an uncontested divorce is typically the easiest type of divorce to file for, it is still recommended to seek legal guidance if you are navigating any type of divorce. An experienced attorney will make sure everything is completed accurately such as property division, custody arrangements, or financial support that could cause future complications.
If you are considering a divorce in Missouri, contact Columbia Family Law Group for expert guidance through the process. Our experienced attorneys can help ensure your divorce is handled smoothly and efficiently.