Do you know the difference between a contested vs. an uncontested divorce? This page explains how these two types of divorce differ and how an attorney can assist you through both processes. You'll discover the lawyer's role in a contested divorce or an uncontested divorce and why you need strong legal representation no matter what.
At Shuler Law Firm, LLC, we've seen it all regarding divorce representation in Missouri. Our clients know it, and they trust us to be there for them during their divorces. We're passionate about providing premier legal advocacy and counsel for clients facing marriage dissolution in Springfield.
Are you going through an uncontested or contested divorce in Missouri? Our Springfield uncontested & contested divorce attorney is ready to represent you. Call Shuler Law Firm, LLC today at (417) 288-4433 or contact us online to get started!
Understanding whether you can file an at-fault or no-fault divorce in Missouri is an important step in the process.
Yes, Missouri is indeed a no-fault divorce state. This designation means that couples seeking a divorce in Missouri are not required to prove fault or misconduct of the other spouse to get their divorce granted. Instead, they only have to demonstrate that their marriage is irretrievably broken and cannot be salvaged. This major aspect of Missouri divorce laws allows for a smoother facilitation of the divorce process, as there is no need for blame games or accusations, thus making the whole process less contentious and emotionally draining.
This leaves separating spouses to determine if they will be filing for divorce in Missouri as either contested or uncontested.
There are two types of divorce in Missouri:
The parties reach an agreement regarding the terms of their divorce out of court, including child support, child custody, and property division.
The parties cannot agree regarding the terms of divorce out of court and require divorce litigation.
It is imperative to retain an experienced and skilled divorce lawyer for a contested divorce. You need someone to stand up for you and represent your interests.
Your lawyer can help you negotiate:
With so much on the line, you owe it to yourself and your children to take all necessary precautions. Hiring an attorney could be a wise step.
When you and your spouse agree to all divorce terms, it becomes uncontested. These terms include issues such as child custody, debt allocation, child support, and alimony. There are two ways that you can file for an uncontested divorce in Missouri:
Upon serving your spouse the divorce papers, they have approximately 20 to 30 days to respond.
If they do not reply within that window, it becomes “default,” The case will be set for an uncontested final hearing. This hearing will take place with or without both spouses present.
If each spouse agrees to the terms amicably, they may file a joint petition together and attach a copy of their written agreement.
This allows them to skip the rest of the processes and go straight to a final hearing.
The state of Missouri also requires that you meet certain requirements before filing:
Either you or your spouse must have been a state resident for at least 90 days before filing the divorce papers.
Often, several benefits come with an uncontested divorce that you won’t get with a contested divorce.