What Are the Grounds for Divorce in Missouri?
When it comes to divorce, Missouri is a no-fault state. This means you do not have to prove cruelty, adultery, or any other grounds or reasons for divorce. Most people cite irreconcilable differences in their petition for dissolution of marriage (see below).
That being said, the court may consider the reason for the divorce during your case, so if you are filing for divorce because of:
- Adultery
- Intolerable behavior
- Separation (living apart)
- Abandonment
- Criminal activity
be sure to specify this in your petition. This could be especially important if your spouse denies that the marriage is irretrievably broken.
Sometimes, Missouri will grant a legal separation instead of a divorce, but our St. Louis divorce lawyers will help you fight for the outcome you want from the very start.
Call (314) 309-2799 or contact us online to schedule an appointment with Cavanagh & Associates today to speak with our experienced divorce attorneys in St. Louis.
The Process of Divorce in Missouri
The simplified Missouri divorce process is as follows:
- The first step in a no-fault divorce is for one party to file a Petition for Dissolution of Marriage, stating that the marriage is irretrievably broken. There will be a small fee you must pay to file.
- To meet the residency requirements, at least one party must be a resident of Missouri for the past 90 days. This also applies to military members who were stationed in Missouri during that time period. - 1 MO ST § 452.305(1)
- You must serve your spouse the divorce papers, however it cannot be done by someone who isn't over 18. This individual must also not have a personal gain within your divorce case. This is why people utilize the services of their local sheriff or professional process server. If your spouse does not answer the petition within 30 days in St. Louis, the divorce can still go through via default judgement.
- Once the required documentation has been filed, a 30-day mandatory waiting period is required before a court hearing. While this is meant to be a cooling off period, it is not a realistic amount of time for couples to reconcile, so the divorce usually goes through.
- During the hearing, the spouses present their arguments and the court will enter orders concerning child custody, child support, spousal support, and division of marital property.
Whether you intend to file a Petition for Dissolution or need to respond to a petition filed by your spouse, our St. Louis divorce attorney can help. Many issues must be decided during a divorce, depending on the situation and whether the couple has children or not. It is wise to have a divorce lawyer by your side who can help you understand the best decisions to make for you and your family.
“Jack has been a lawyer for a long time. He values his clients and sees them as people with individual circumstances, and not just dollar bills like other attorneys...He’s not only a great attorney but I consider him a friend. Choose Jack!” - Paige
Divorce Services We Provide in St. Louis
Our legal services include, but are not limited to:
Our practiced St. Louis family attorney can advise you and look out for your best interests in the division of property and assets, spousal support, child support, and custody of minor children.
Need assistance in St. Charles County? Our attorney is also available for St. Charles County divorce case.
How Much Does a Divorce Lawyer in St. Louis Cost?
Divorce costs fluctuate depending on the complexity of the case and whether it’s contested. Still, there are some standard fees that you and your soon-to-be-ex-spouse can anticipate.
Missouri divorces will incur costs including:
- Verifying the divorce petition, which banks do for varying fees
- Filing fees, which typically cost $145
- Service fees, which cost $36 and are incurred if an officer must serve your spouse
In addition to the formal fees associated with the process, it’s important to recognize the long-term financial impact divorce can have. Assets are split, alimony may be owed, and debt is divided, possibly leaving you with some of your partner’s debt if you’re unprotected by a prenup.
Many are averse to hiring a family law attorney, viewing it as just another cost in what could be an already expensive process. While this may be true short-term, handling the matter independently could lead to further fees down the road if legal intervention is needed to resolve a mistake made during the finalization of your DIY-divorce. Save yourself the stress, money, and time by calling on Cavanagh & Associates.
Learn more about how our St. Louis Divorce lawyers can help you by contacting us online or calling (314) 309-2799 today!
Contested vs Uncontested Divorce in Missouri
Contested Divorce
Contested divorces occur when spouses are unable to agree on one or more of their divorce's important issues, such as child custody, property division, and spousal support.
When a couple files for divorce, they have the option of either reaching an agreement on all issues related to their divorce, in which case they will file an uncontested divorce, or they can have a trial where a judge will make a final decision on any unresolved issues, in which case they will file a contested divorce.
The court will hold a trial for contested divorces in Missouri so that both parties and any witnesses can present their evidence. On the basis of the evidence presented, the court will resolve any unresolved issues.
Divorces that are contested require more legal work and court time, so they can take more time and cost more money. Sometimes, however, they are necessary when the parties cannot agree on important issues.
Uncontested Divorce
Uncontested divorce refers to a divorce where both spouses agree on all divorce-related issues. It is possible to file for an uncontested divorce if both spouses are able to reach an agreement on all issues related to their divorce.
An uncontested divorce in Missouri typically involves filing the necessary forms with the court, as well as a settlement agreement that details the terms of the settlement reached by both parties. A settlement agreement can be approved by the court without a trial being required for the divorce to be finalized.
As uncontested divorces require less legal work and time in court, they are generally quicker and less expensive. As well as being less stressful for the parties involved, they can also give the couple greater control over the outcome of their divorce. To speak with our St. Louis uncontested divorce attorney, contact us online today.
Missouri Adultery & Divorce Laws
Although Missouri is a no-fault divorce state, adultery can affect your complex divorce case in a multitude of ways:
- Disagreement – If one spouse disagrees that the marriage is irretrievably broken, then the other spouse may use evidence of adultery as proof of an intolerable living environment. Evidence collected may include video, texts, phone logs, or another person’s eyewitness testimony.
- Asset Distribution – If the court finds that the cheating spouse’s behavior directly correlates with finances, it will consider that money spent on the affair when dividing marital property.
- Custody of Children – When two parents are fighting for custody, the court may take the conduct of the cheating parent into consideration. This may apply to visitation rights as well.
Can I Get a Divorce Without Any Trial in Missouri?
Yes, if both parties agree on all terms of the divorce, you can get a divorce in Missouri without having to go to trial. We refer to this type of divorce as uncontested. Both parties must consent to important matters including property distribution, child custody, child support, and alimony in an uncontested divorce. After an agreement is reached, the required documentation is submitted to the court, and the divorce can be approved by the judge without a trial. Generally speaking, this process is less stressful, more affordable, and speedier than a disputed divorce that needs to be resolved by the court.
What Does a No-Fault Divorce Mean?
A no-fault divorce is a type of divorce in which the spouse filing for divorce does not have to prove any wrongdoing or fault on the part of the other spouse. Instead, the filing spouse simply states that the marriage has irretrievably broken down or that there are irreconcilable differences.
Here are some key aspects of a no-fault divorce:
- Irretrievable Breakdown: In a no-fault divorce, the most common ground cited is that the marriage has irretrievably broken down, meaning that the relationship cannot be repaired, and there is no reasonable prospect of reconciliation. This is often phrased as "irreconcilable differences" or "incompatibility."
- Simpler Process: No-fault divorces tend to be simpler and quicker compared to fault-based divorces, as there is no need to present evidence or prove misconduct such as adultery, cruelty, abandonment, or other grounds for fault-based divorce.
- Less Adversarial: Because there is no need to assign blame or prove fault, no-fault divorces are generally less adversarial and contentious. This can lead to a more amicable and cooperative divorce process, which is particularly beneficial when children are involved.
- Uniformity: Most states in the U.S. have adopted no-fault divorce laws, making the process more uniform across different jurisdictions. However, specific requirements and procedures can vary by state.
- Residency Requirements: While a no-fault divorce eliminates the need to prove fault, the filing spouse must still meet the residency requirements of the state where they are filing. This typically involves living in the state for a certain period before filing for divorce.
- Property and Custody: In a no-fault divorce, issues such as property division, child custody, and spousal support are decided based on what is fair and equitable, rather than on the behavior of either spouse during the marriage.
Why Choose the St. Louis Divorce Attorney at Cavanagh & Associates?
When facing the emotional and often complex process of divorce, having the right legal representation can make all the difference. At Cavanagh & Associates, we understand that every family situation is unique, and we are committed to providing personalized legal services tailored to meet your specific needs.
Here's why you should consider choosing us:
- Personalized Strategy: Our attorneys take the time to listen to your story and develop a customized strategy that aligns with your goals, whether it's negotiation, mediation, or litigation.
- Understanding Family Dynamics: We recognize that divorce is not just a legal process but also a significant life transition. Our team is empathetic and supportive, helping you navigate the emotional challenges of separation.
- Comprehensive Services: Beyond divorce, we offer a range of family law services including child custody, property division, and spousal support negotiations, ensuring all your legal needs are met under one roof.
- Skilled Negotiators: Our attorneys are experienced negotiators who strive to achieve the best possible outcomes outside of court, saving you time, money, and emotional stress.
- Proven Track Record: With a history of successful case results, we have built a reputation in St. Louis for delivering effective legal representation during challenging times.
At Cavanagh & Associates, we counsel our clients thoroughly about their complex family law issues in dispute, helping them consider the most rational tactics for dispute resolution. When it is not possible to avoid a fight, we have the skill to win that fight.
Regardless of how your divorce dispute is resolved, we always work to protect your legal interests and guide you through the process as quickly and painlessly as possible.
Get the advice you need during a consultation with a St. Louis divorce lawyer. Call (314) 309-2799 to schedule an appointment.
