What is an Uncontested Divorce in Missouri?
Divorce Can be a Difficult Process
Divorce is never a pleasant experience, even if both parties agree on everything and the couple is completely agreeing to end the marriage. When children are involved, divorce proceedings can be more complicated, contested, angrier, and emotional. No couple desires to see their divorce proceedings drag out for months. The ideal divorce, if there is a perfect divorce, is uncontested.
Divorce laws may vary a bit from state to state. However, in Missouri, the divorce laws state that at least one of the spouses must be a resident of Missouri for at least 90 days before filing for divorce. The state requires 30 days to pass from filing the divorce petition to the court’s final judgment. These 30 days give the spouses time to think and decide if they are making the right decision to end their marriage.
An uncontested divorce means that both parties agree that divorce is in their and their children’s best interest. Both parties agree on child custody plans, child support, possible spousal support, and property division.
An uncontested divorce means no financial or property disputes of any form, and both spouses are agreeable with all aspects of their divorce. Both spouses agree to the terms of their divorce amicably.
It is no big deal if one spouse does not make their court appointment in an uncontested divorce. The court assumes that they agree with the divorce, and the judge continues with the process.
The majority of divorce cases we see are contested divorces. Both spouses bicker, quarrel, and fight. They display anger towards each other. Some couples flatly refuse to speak with each other. Consequently, their attorneys rarely see eye to eye and may argue and present their client’s case in an aggressive manner or during negotiations for settlement.
In the eyes of the divorce attorney, uncontested divorce makes their job much easier because it takes less time to finalize, the legal fees are lower than if the divorce was contested, and there is much less paperwork to prepare.
Never get the wrong idea about an uncontested divorce where both spouses are in complete agreement; you still require the expertise of a divorce attorney. It is essential to hire your attorney to make sure everything is fair and equitable. Even an uncontested divorce requires specific legal paperwork to be completed by your divorce attorney, who is always working in your best interest.
To keep your best interests in an uncontested divorce, this attorney walks with you through the whole process from beginning to end and into the future. Your divorce attorney is your advocate and protector for as long as you need them by your side and is on-call for you to answer all of your family law questions.
Many spouses think that they do not need an attorney for an uncontested divorce, and they are correct. However, hiring a divorce attorney to ensure all of your actions are covered and protected with the proper legal documents is still to your benefit. Your and your children’s rights are always at the forefront of any divorce, contested or uncontested.
Even though each spouse is agreeable to all aspects of the divorce, your attorney makes sure that you have all your bases covered and there are no legal burdens to face in the future, and this professional files all documents with the court.
We believe that our services take all these responsibilities off your shoulders to concentrate on your lifestyle change. We are hopefully providing you with a smooth transition from married to single life.
The time it takes to complete a divorce takes an average of 30 days. However, this time depends on a few other factors.
- How busy the court schedule
- If all the proper documents are in order, such as financial and household documents
- How cooperative the spouses are during the divorce process
- How quickly the judge can sign the final Divorce Decree.
Steps You Must Take in an Uncontested Divorce
Make sure your spouse agrees to a simple divorce, and there will be no anger or legal arguments during this process. Work together to gather all personal paperwork such as,
- Financial records
- Retirement accounts
- 401 Ks
- Stocks, bonds, certificates
- Mortgage information
- Vehicle title and loan paperwork
- Property documents
- A parenting plan if children are involved.
- Pet ownership
- Child custody
- Child support
- Spousal support
- All of this paperwork is given to your attorney for review and to file with the court.
- Your attorney submits a court filing fee. Missouri charges approximately $100. This amount may vary depending on where in Missouri you reside.
As you can see, this experienced divorce attorney, Kelvin Birk, Cape Girardeau, MO, comes highly recommended by the clients he serves in Cape Girardeau, MO, and surrounding areas. He says that a divorce attorney is vital to the outcome of your divorce proceedings, whether or not the divorce is contested or uncontested.
Our divorce attorney has many years of experience in divorce proceedings, and he knows Missouri divorce laws. Please give us a call today at 573-217-6634 to help you prepare for life after divorce. You and your children are our highest priority, and our goal is to protect your rights to a fair divorce.
If you and your spouse can agree and come together on divorce issues, it takes less time and money to finalize your divorce. Give us a call today so we can start to work for you. Your first call to us is a free, no-obligation consultation.
We look forward to meeting you and working by your side.