Uncontested Divorce
In Missouri, an uncontested divorce differs from a contested divorce because both spouses agree on all the significant issues involved, such as the division of property, child custody matters, child support, alimony, and any other pertinent matters. The process of divorce in Missouri is typically much less complicated, quicker, and costs less when both parties are in agreement and
neither court hearings or a trial is necessary to resolve the dispute.
do not require a trial or court hearings to resolve disputes.
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Key Features of a Missouri Uncontested Divorce:
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1. Agreement on Terms: Both spouses must agree the key issues, including how to divide the family assets, debts, and other important matters (e.g., child custody and visitation). If the divorcing couple has children, they must also agree on a parenting plan and the amount of child support paid from one parent to the other.
2. Filing the Petition: One spouse (the petitioner) first files a petition for dissolution with the court. The petition details the mutual agreement between the parties and includes the proposed terms of the divorce.
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3. Waiting Period: Missouri has a 30-day waiting period from the time the petition for dissolution is filed before the divorce can be finalized. This period is designed to allow both spouses time to reconsider and/or resolve any outstanding issues.
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4. No Need for Court Hearings: Because the divorce is uncontested, a trial is simply not needed. In some divorces, the couple may have to attend a brief court hearing during which a judge will review the terms of the divorce settlement agreement and finalize the proceedings. In Missouri, most judges will grant the uncontested divorce if the terms seem fair and comply with state laws.
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5. Final Decree: Once the judge reviews the settlement agreement and grants the divorce , a Divorce Decree is made and the marriage is legally terminated.
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Benefits of an Uncontested Divorce:
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Quicker Process: Because both spouses agree on the divorce settlement terms, the process is usually much faster compared to a contested divorce.
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Less Cost: Without the need for lengthy court proceedings and legal battles, the overall cost of the divorce is usually less.
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Less Stress: The lac of courtroom conflicts and extended litigation makes the process less stressful for both parties.
Requirements for an Uncontested Divorce in Missouri:
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​​Residency: At least one party must be a resident of Missouri for at least 90 days before the petition for dissolution is filed.
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Agreement on all issues: Both parties must reach an agreement on important issues, such as property division, child custody and support, as well as alimony.
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No Fault Grounds: Missouri is a **no-fault divorce state**, meaning that a spouse does not need to prove fault (such as adultery or abuse) in order to get divorced. Most people file for divorce stating that the marriage is irretrievably broken and and a conciliation is unlikely.
If there are children under the age of 18 involved, the couple will need to submit a Parenting Plan that outlines custody arrangements, visitation, and child support. The court must examine and approve this parenting plan, ensuring it is in the best interests of the children.
In conclusion, a Missouri uncontested divorce cab be a streamlined, cooperative way for couples to legally terminate their marriage without protracted legal battles, provided they can agree on the important divorce issues.