How Long Does a Divorce Take in Missouri?
Divorce is a difficult and emotional process that can be lengthy and complex. Many couples going through a divorce in Missouri often wonder how long the process will take. The duration of a divorce in Missouri depends on various factors, including the complexity of the issues involved and the cooperation of both parties. In this article, we will discuss the average timeline for a divorce in Missouri and address some frequently asked questions about the process.
Average Timeline for a Divorce in Missouri
The timeline for a divorce in Missouri can vary significantly depending on the circumstances of each case. However, on average, a divorce in Missouri takes around three to six months to finalize. This timeline can be affected by several factors, such as the following:
1. Waiting Period: Missouri law requires a mandatory waiting period of 30 days after filing for divorce. This waiting period starts from the date the divorce petition is filed with the court. So, even if the divorce is uncontested and both parties agree on all terms, it will take at least 30 days to finalize the divorce.
2. Complexity of Issues: The complexity of the issues involved in the divorce can significantly impact the timeline. If the couple has no children, limited assets, and agrees on all terms, the divorce process is likely to be shorter. However, if there are disputes over child custody, property division, or spousal support, the divorce process may take longer as these issues need to be resolved.
3. Court Availability: The availability of the court system can also affect the timeline of a divorce. The court’s schedule, the number of pending cases, and other factors can cause delays in obtaining court dates, hearings, or rulings.
4. Cooperation of Both Parties: If both parties are willing to cooperate and reach an agreement on all issues, the divorce process is likely to be quicker. However, if there is contention and disagreement between the spouses, it can lead to delays and a longer divorce process.
Frequently Asked Questions (FAQs)
Q: Can I get a divorce in Missouri without hiring an attorney?
A: Yes, it is possible to file for divorce without an attorney, but it is highly recommended to seek legal advice. An attorney can guide you through the process, ensure your rights are protected, and help you navigate any complexities that may arise.
Q: Can the waiting period be waived in Missouri?
A: In some cases, the court may waive the waiting period if there are compelling reasons, such as domestic violence or urgent financial matters. However, this decision is at the discretion of the court.
Q: How long does it take to get a divorce if it is uncontested?
A: If the divorce is uncontested, meaning both parties agree on all issues, it can be finalized relatively quickly. Typically, an uncontested divorce in Missouri takes around three to six months from the filing of the petition.
Q: What happens if my spouse refuses to sign the divorce papers?
A: If your spouse refuses to sign the divorce papers, it may prolong the process. However, Missouri allows for divorce to proceed even if one party is uncooperative. The court can grant a divorce based on a default judgment if the necessary legal requirements are met.
Q: Can the divorce process be expedited in Missouri?
A: In certain circumstances, such as military deployment or other urgent situations, the court may expedite the divorce process. However, this requires a specific request and valid reasons that are deemed acceptable by the court.
In conclusion, the duration of a divorce in Missouri depends on various factors, including the complexity of the issues involved, the level of cooperation between both parties, and the availability of the court system. On average, a divorce in Missouri takes around three to six months to finalize. It is advisable to consult with an experienced divorce attorney to guide you through the process and ensure your rights are protected.