How Long Does It Take To Get a Divorce in Missouri?
Divorce is never an easy process, and the time it takes to finalize the proceedings can vary depending on various factors. If you are contemplating a divorce in Missouri, it is essential to have a basic understanding of the process and the estimated timeline. This article aims to provide you with an overview of how long it typically takes to get a divorce in Missouri and answers some frequently asked questions.
The Divorce Process in Missouri:
1. Filing the Petition: The divorce process in Missouri begins with one spouse filing a Petition for Dissolution of Marriage. This legal document outlines the grounds for divorce and other relevant information. Once the petition is filed, the court will issue a summons, which notifies the other spouse of the divorce proceedings and their opportunity to respond.
2. Waiting Period: Missouri law requires a mandatory waiting period before a divorce can be finalized. This waiting period is typically 30 days from the date the respondent receives the summons. During this time, the couple may attempt to resolve their differences through mediation or negotiation.
3. Discovery and Disclosure: Both parties are required to provide full financial disclosure to ensure transparency during the divorce process. This phase involves exchanging financial documents and other relevant information. The duration of this step can vary depending on the complexity of the couple’s financial situation.
4. Negotiations and Settlement: If the couple can reach an agreement on various issues, such as child custody, spousal support, division of assets, and debts, the divorce can proceed to the settlement phase. This phase involves drafting a written agreement that outlines the terms of the divorce. Negotiations and settlement can take weeks or months, depending on the complexity of the issues involved.
5. Trial: If the couple cannot reach a settlement through negotiations, the case may proceed to trial. During a divorce trial, each party presents their case to a judge who will make the final decisions regarding unresolved issues. A trial can be time-consuming and may extend the overall duration of the divorce process.
Factors Affecting the Duration of a Divorce in Missouri:
1. Contested vs. Uncontested: A divorce is considered uncontested when both parties can agree on major issues, such as child custody and division of assets, without the need for court intervention. Uncontested divorces typically take less time to finalize compared to contested divorces, where there are disputes that require resolution through the court system.
2. Complexity of the Issues: The complexity of the issues involved in a divorce can significantly impact the timeline. If there are extensive assets, complex financial arrangements, or disagreements over child custody, the divorce process may be more protracted.
3. Court Docket and Judge Availability: The availability of court dates and the caseload of the assigned judge can also influence the timeline. Courts may experience delays due to a high number of cases, which can extend the divorce process.
Frequently Asked Questions:
Q: Can I get a divorce in Missouri if my spouse does not agree?
A: Yes, Missouri allows for both contested and uncontested divorces. If your spouse does not agree to the divorce or the terms proposed, the case may proceed to trial.
Q: How long does it take to get a divorce in Missouri if we agree on everything?
A: If both parties agree on all major issues, an uncontested divorce can be finalized in as little as 30 days after the mandatory waiting period.
Q: Can the waiting period be waived?
A: No, the waiting period is mandatory under Missouri law and cannot be waived.
Q: Can I remarry immediately after the divorce is final?
A: Yes, once the divorce decree is issued, you are free to remarry immediately.
Q: Can we use mediation to resolve our divorce issues?
A: Yes, mediation is a popular alternative dispute resolution method in Missouri. It can help couples reach a mutually acceptable agreement, potentially reducing the time and cost involved in the divorce process.
In conclusion, the duration of a divorce in Missouri can vary depending on several factors, including whether the divorce is contested or uncontested and the complexity of the issues involved. While an uncontested divorce can be finalized in as little as 30 days, a contested divorce may take significantly longer, especially if it proceeds to trial. It is advisable to consult with an experienced family law attorney to understand your rights, navigate the legal process, and ensure a smoother and quicker resolution to your divorce.