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Missouri is a no fault divorce state. In order to get a divorce in Missouri all that is required is that either spouse swear or testify that the marriage is irretrievably broken. The other spouse does not have to agree and no showing of fault is required.
Divorce is a traumatic experience that can leave you with doubts and uncertainties about your future. Having the right team to support you makes all the difference. High-tension situations, especially between couples who have a history of conflict, can erupt into full-on litigation battles. Suddarth and Koor, LLC will avoid these situations to the best of our ability. We are trained and certified mediators and have years of experience conducting negotiations between combative parties in complex financial and emotional circumstances.
The decisions you make during a divorce will have an enormous impact on the rest of your life, both emotionally and financially. When there are children involved, your level of involvement in your children’s lives may also affected.
A divorce can be contested or uncontested. A contested divorce is one where there are disagreements between the two parties. They are unable to come to an agreement or compromise on issues of the divorce such as property or child custody. An uncontested divorce is one where both parties have come to a compromise or agreement.
Issues that are covered in a divorce can include property division, child support, custody, visitation, spousal maintenance, and more. We will help you figure out the difficult questions such as:
How will I support myself after the divorce?
How can I protect my assets?
Is it better to use just 1 lawyer?
How long will my divorce process take?
How are we going to divide our property?
There are two ways to get an uncontested divorce in Missouri. The first way is known as default petitioning.
The spouse who asks for the divorce is the petitioner. The petitioner files and serves divorce papers to the other spouse, known as the respondent. If the respondent fails to file or serve response papers, then the case is set for an uncontested final hearing. In Missouri, the respondent is considered in default, and you cannot receive money from your spouse in a default judgment.
The other way to get an uncontested divorce in Missouri is known as a joint petition for divorce. In a joint petition for divorce, the petitioner and respondent agree upon the divorce terms. They file a joint petition, file their written agreement, and go to a final hearing in front of a judge. The divorce order is signed at the final hearing, making it the quickest way to get a divorce, but both parties must agree to everything.
When the parties disagree on individual or all of the divorce terms, they must pursue a contested divorce.
Contested divorces can arise from the allocation of debts, child support, alimony, even the proposed divorce itself.
In Missouri, as soon as a spouse serves the file for a petition for a divorce, a contested divorce begins. If the respondent fails to respond within 30 days, they are in default. The petitioner can then proceed to take a judgment against their spouse.
For more information about our other family law areas of practice, click a link below:
755 West Terra Lane
O’Fallon, MO 63366
Phone Number: (636) 240-7644