St. Louis Same-Sex Divorce Attorney

Missouri Family Law Representation Since 1962

Following the Supreme Court’s 2015 decision in Obergefell v. Hodges, same-sex marriages carry the same legal standing as any other marriage in Missouri, and the same dissolution laws apply. Filing a Petition for Dissolution of Marriage, dividing marital property under equitable distribution principles, establishing custody arrangements under the best interest standard, and working through spousal maintenance all proceed under the same Missouri statutes. What varies is the detail work: pre-2015 relationship history, parental rights that may not have been formally secured, and prior domestic partnership agreements can each affect how a case unfolds.

Attorney Jack Cavanagh has practiced Missouri family law since 1962 and has handled dissolution cases through negotiation, mediation, and contested trial. Clients work directly with him throughout the case, not a paralegal or associate. That continuity matters when questions come up mid-proceeding or when a case that started as uncontested becomes more complicated. We offer a free consultation to discuss your situation. Call (314) 309-2799 to get started.

The Legal Process for Same-Sex Divorce in St. Louis

Missouri dissolution of marriage follows a defined sequence of stages, and knowing what to expect at each one reduces uncertainty. Timelines range from a few months for straightforward cases to considerably longer when property division or custody is contested. We keep clients informed of realistic timelines from the outset and communicate clearly at every stage.

The five stages of Missouri dissolution:

• Petition Filing: The process begins when one spouse files a Petition for Dissolution of Marriage with the court, stating claims related to property, children, and support. Missouri is a no-fault state, so neither party needs to prove misconduct.
• Temporary Orders: While the case is pending, temporary orders can establish interim arrangements for child custody, child support, spousal maintenance, and use of marital property.
• Discovery: Both parties exchange financial information and documentation needed to fully account for marital assets and debts before any division is proposed.
• Negotiation & Settlement: Many cases resolve through negotiation or mediation without going to trial. We handle both, working toward agreements that reflect our client’s actual interests.
• Court Representation: When a case can’t be resolved out of court, Attorney Cavanagh is prepared to litigate. His background includes hundreds of judge and jury trials, including his prior service as an Assistant Prosecuting Attorney for St. Louis County.

Whether your case settles early or requires a full hearing, you’ll have the same attorney at every stage.

FAQs About Same-Sex Divorce in St. Louis

What Are the Grounds for Divorce in Missouri?

Missouri is a no-fault divorce state. The only required ground is irretrievable breakdown of the marriage. One spouse doesn’t need the other’s agreement, and neither party needs to prove misconduct. If one spouse contests the claim that the marriage is irretrievably broken, the court may require a hearing to determine whether sufficient grounds exist.

How Does Child Custody Work in a Same-Sex Divorce?

Missouri courts apply the best interest of the child standard to all custody decisions, regardless of the parents’ gender or sexual orientation. Relevant factors include each parent’s relationship with the child, the stability of each home environment, and each parent’s willingness to support the child’s relationship with the other parent. Parental rights in a same-sex divorce can be more complicated when one spouse is a nonbiological parent who never completed a second-parent adoption, and those situations warrant careful legal attention from the start.

Can a Prenuptial Agreement Affect My Divorce?

Yes. A valid prenuptial agreement can significantly change how assets and liabilities are divided during a Missouri dissolution. These agreements can define what counts as separate versus marital property and address spousal maintenance before any dispute arises. We review any existing agreement carefully to understand how it applies to your case.

How Is Spousal Maintenance Determined?

Missouri courts weigh each spouse’s financial resources and needs, the length of the marriage, and the standard of living established during the marriage when setting spousal maintenance. In same-sex divorces, the court may also consider whether pre-2015 cohabitation is relevant context, though maintenance calculations are typically based on the length of the legal marriage rather than the full relationship history.

Does My Spouse Have to Agree to the Divorce?

No. One spouse can file for dissolution unilaterally in Missouri. If the other spouse contests the claim of irretrievable breakdown, the case may proceed to trial, where the filing spouse presents evidence supporting the dissolution. Attorney Cavanagh’s trial background is directly relevant in those situations.

Start with a Free Consultation

Same-sex divorce cases in Missouri follow the same legal framework as any dissolution, but the details of your relationship history, parental arrangements, and prior agreements may require careful review. Call to speak directly with Attorney Cavanagh before you commit to anything.

Schedule your free consultation with our same-sex divorce attorney in St. Louis by calling (314) 309-2799. We’re ready to discuss your case.