Divorce can undoubtedly be one of the most emotionally grueling experiences many people will ever face in their lifetime. If you haven't been through a difficult divorce yourself chances are you know someone who has. Not all divorces have to be adversarial knock down drag out wars of attrition however. Many couples involved in the divorce process choose to behave rationally with each other and have the terms of their divorce already decided when they initiate the dissolution proceeding in court. When a couple is in agreement on the details of the divorce and has their ducks in a row, a so-called "uncontested divorce" in Missouri can be relatively painless and inexpensive. The problem, of course, is that many divorcing couples are not rational with each other and this is how you end up with long, sometimes emotionally and financially devastating divorces. If you and your partner are ready to move forward and legally end your marriage, and you both are in agreement on the terms of the divorce, then a Missouri uncontested divorce may be right for your situation.
Divorces come in two varieties, contested and uncontested. A contested divorce is one in which the divorcing spouses do not agree on all the major issues in the divorce, such as asset and liability division, child support, child custody or maintenance (alimony). A contested divorce can be very expensive. For example when the parents disagree about child custody, a guardian ad litem is often appointed by the court to determine what custody arrangement would be in the best interests of the child. A guardian ad litem (GAL) is an experienced family law attorney and bills for her time just a like a typical lawyer, so the more time they have to spend on your case, the more it will cost you. Both parents split the cost of the GAL. Most courts will also require the parties of a contested divorce to attend mediation prior to the case progressing toward trial. A contested divorce is typically what we think of when we imagine a long drawn out nasty divorce, but many divorces begin contested then through negotiation and perhaps mediation, the parties settle their differences and the case is resolved.
While a contested divorce can potentially be long and expensive, the simpler uncontested divorce is quicker and less expensive. An uncontested Missouri divorce is a divorce where both parties agree on all of the key issues in the divorce. This means they agree on the division of property (house, car, retirement accounts, etc.), maintenance (alimony), as well as child support and child custody issues. Missouri courts have a streamlined process that allows uncontested divorces to proceed quicker than contested divorces, allowing judges to sign off on an uncontested divorce settlement in a little as two months.
Asset & Liability Division
In an uncontested Missouri divorce the spouses agree on how all of the parties' assets and liabilities will be distributed. The key assets needing division in a divorce include the marital home, cars, and retirement accounts. In Missouri, courts will divide property owned by the spouses in a marriage into marital property and separate property. Marital property, with a few exceptions, is that property acquired after the marriage. Separate property is property acquired before the marriage, as well as any inherited property acquired prior to or during the marriage. In Missouri, marital property is divided according to the doctrine of equitable distribution. "Equitable" means the assets are divided fairly, but not necessarily equally. For example, if one party has a high income and the other party has stayed home with the kids for years and has no income, the court might decided to award the marital home and all of the equity to the non-working parent out of fairness. Liabilities are also divided according to equitable division.
When a client asks me how a divorce will cost, I tell them that depends on how much fighting there will be. Most family law attorneys charge their clients based on how much time the lawyer spends working on the case. When spouses can't decide on who gets what, that means both lawyers will have to spend more time bolstering their client's case, even including hiring expert witnesses (such as valuation experts) to convince the judge their client should get what they want. These expenses add up quickly, and are one of the reasons why uncontested divorces are so much cheaper than contested divorces.
Child Custody:
Child custody determinations in Missouri courts are made considering what is in the best interests of the child. In an uncontested divorce both parents have agreed on the custody arrangement regarding the children involved in the marriage. Not only does this uncontested divorce process save time and money in lawyer fees and court fees, but when both parents can co-parent effectively the detrimental psychological effects of the break-up of the family on the children can be minimized. It's hard to underestimate the value on a child's development of divorced parents getting along. It sets a good example of what a healthy, though imperfect, relationship looks like and will guide the child to similarly healthy relationships.
Child Support:
Both parents have a moral and legal obligation to provide financial support for their children. To simplify the child support determination process Missouri has created a worksheet (Form 14) to determine the presumed amount of child support to be paid. Form 14 takes into consideration several factors including each parent's income and the amount of time the children stay with each parent. In an uncontested divorce, the parties can agree on an amount of child support different than that generated by Form 14, as long as it is deemed fair. Because of the baseline amount provided by Form 14, child support determination tends to be easier to settle than other issues.
Maintenance:
Unlike child support, there is no Form 14 for maintenance. In an uncontested divorce, maintenance (also known as "alimony"), must be agreed upon by spouses. In Missouri when deciding on alimony awards, judges will consider the ability of each party to support themselves financially through employment or other resources and the duration of the marriage.
A survey of the prerequisites for an Uncontested Missouri Divorce
At least one of the parties to the divorce is required to have been a resident of the state of Missouri for the 90 days preceding the filing of the petition for dissolution of marriage. So one of you must have lived in Missouri for the past 90 days for the Missouri court to have jurisdiction over the divorce.
Both spouses must agree on the significant issues in the divorce including the division of assets and liabilities, child custody and child support, and maintenance.
In Missouri there is no requirement for marital misconduct or fault for the divorce by one party because Missouri is what is known as a "no-fault" state, meaning the couple only must show that the marriage is "irretrievably broken" and a reconciliation is unlikely.
For couples that have a simple divorce plan in common and want to save money by getting divorced without the assistance of lawyers, what are the steps in the process?
STEP 1: Draft the Petition for Dissolution of Marriage and file it in the local county courthouse. To initiate a Missouri divorce, first create the petition for dissolution. There are certain requirements that must be included in the petition. For tips on drafting the petition for dissolution and for a petition template, you can visit the Jackson County Courthouse website. Some courthouses also have help desks for people representing themselves without a lawyer in court. Once the petition is filed with the court clerk, they will usually issue a summons to be served on the other spouse. Then a copy of the summons and petition for dissolution must by physically served on the other spouse by a sheriff or private process server. This service requirement can be eliminated if you are on good terms with your spouse and she will sign a waiver of service.
STEP 2: Draft a marital settlement agreement and parenting plan (if children are involved). Next you will need to submit to the court a marital settlement agreement, which is essentially a settlement document detailing who gets what and who is responsible for paying what. The court also likes to receive a proposed divorce decree, and again this can be found on the Jackson County Courthouse website.
If there are unemancipated children from the marriage, then you must submit a proposed parenting plan to the court. The parenting plan dictates where the children stay and who pays for the various expenses for the benefit of the children. Both parties must sign the agreed upon marital settlement agreement and the parenting plan.
STEP 3: The court will grant the petition for dissolution and issue its judgment to legally dissolve the marriage. In many circuit courts in Missouri, if all the documents are filed properly, the judge will dissolve the marriage without either spouse appearing in court.
Undoubtedly, an uncontested Missouri divorce is favorable compared to a contested divorce due to the quickness, less cost and less stress of the uncontested process. In most courts in Missouri, if all the documents are filed correctly, an uncontested divorce can be completed in 60-90 days. When lawyers don't have to argue and file briefs because both spouses are in agreement on the terms of the divorce, both parties save money on legal fees. The stress on the participants of a contentious contested divorce cannot be underestimated. Especially if children are involved, the mental consequences and wreckage from an uncontested divorce are significantly less destructive when compared with a contested divorce.
If you are considering an uncontested divorce in Missouri, please contact our office via our website contact page, or call our office at 816-287-1530 to schedule a consultation now. At the Men's Center for Domestic Resolution, we are dedicated to helping men through divorce and child custody matters. Helping Dads be Dads!
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