Both parties are agreeable to getting a divorce and to the terms of the divorce.  Essentially, everything is uncontested and both parties are cooperative in obtaining a court judgment.  Missouri allows a simple process for legal separation and dissolution of marriage/divorce cases where Husband and Wife can submit mutually agreed upon pleadings to the court. Uncontested divorce can bypass many unnecessary pleadings, discovery processes, waiting periods, court appearances, and legal expenses often associated with standard divorce proceedings.  

Call (636) 946-4343 to discuss your case and see whether an uncontested divorce could be an option for you.  The intake process can be done in person or remotely.
 

What is the process for an uncontested divorce?

The uncontested divorce process with an attorney is fairly simple and does not require a personal appearance in court for either party in the vast majority of cases.  I will gather information for your case, prepare and submit pleadings to the court once executed by both parties. The parties merely need to be forthcoming with regard to information requested for the court proceedings and cooperative with the review and execution of dolcuments.  Usually nothing more is required of the parties to obtain judgment, unless minor children are involved. Then completion of a co-parent education program approved by that court will be required prior to Judgment.  Regardless, the overall process is generally the same for cases with or without children:

   1) Schedule your appointment for consultation and/or intake.  We can take all of your information for representation at the initial meeting. The attorney fee is due at the time of hire.

   2) We draft pleadings specific to your case for your review and approval.  Drafts are usually ready within 3-7 business days of intake.  We share the drafts with Petitioner/Client and once they have approved of the drafts, we will share them with the other party.

   3) Both parties execute the pleadings.  Petitioner and Respondent can contact us separately or jointly for a signing appointment.  We provide free notarial services to both parties with photo ID.  We can mail documents to the other party for their signature for a small additional fee.  We collect the filing fee (usually about $150) at the time of execution.

   4) We file your pleadings with the court to commence your case.  We will provide an update letter with the case information once the court has processed our submission.

   5) Observe the mandatory 30-day minimum waiting period required by Missouri statute.   If there are children subject to this case, each party will complete a co-parenting program approved by the court during this time.  The co-parent education program is generally a single session class that can be completed online for about $60 per person.

   6) We file the proposed Judgment and Exhibits to finalize your divorce after the mandatory 30-day waiting period has passed.  If you have children, we will also have to make sure your co-parent education program certificates are available before we request final judgment.  The judge will then review our submission and sign your Judgment of Dissolution of Marriage (or Legal Separation) as their schedule allows. 

  7) Your case is complete once the Judge signs your Judgment.  We usually receive notice via e-filing a few days after the judge has signed.  We notify you online and share PDF copies.  The court generally sends a certified copy to each party at their listed addresses.  Both parties are now bound by the terms of their Separation Agreement, Parenting Plan and Judgment. You can take your Judgment to the DMV and Social Security office if you have a name change.  You can also get your property retitled. The whole process from start to finish usually takes 45-60 days.

What information does my attorney need to start working on my case? 

This will vary slightly from case to case depending upon your circumstances. Generally, we will need the following at intake or supplemented shortly thereafter.

  * Personal Information for Petitioner and Respondent - full legal name, prior legal name(s), contact information, date of birth, Social Security number, employment status with employer name and address, number of prior marriages, and education level

  * Information for Children - full legal name, date of birth, Social Security number, addresses and approximate dates of residence for past 5 years, monthly expenses for the children such as insurance coverage, extracurricular activities, school expenses, recurring medical expenses etc. We welcome your requests/suggestions for a custody and visitation schedule that will work for you.  If I feel the court may have issues with any provisions, I can consult with you regarding alternative provisions that would be acceptable for the court, but still serve your needs. We will also discuss expenses each party will be responsible for as well as who can claim tax deductions.

  * Income and Expense Information - Petitioner is required to provide this information to the Court.  The court will want employer information, sources of other income, last year's gross income, and a general breakdown of average monthly expenses (mortgage/rent, utilities, debt payments, vehicle expenses, support payments, insurance coverages, and other general living expenses. If there are children in this matter, then we must calculate a presumed child support amount for the court (can be accepted or rejected by the parties) and we will need gross income information for both parties.

  * Asset and Debt Information - Petitioner must provide a statement of separate and marital assets and debts to the court.  We will gather appropriate information regarding real estate, vehicles, bank accounts, retirement savings and benefits, investments, insurance policies, various other assets, loans, tax, credit cards and other debt. We will discuss this with you and how you want to resolve any marital interest each of these. 

  * Provisions Requested -  We will discuss how you want marital property awarded and joint indebtedness paid.  Child custody and support provisions will also be reviewed.  Other miscellaneous provisions such as name restorations, spousal support, attorney's fees and other payments or provisions will also be discussed.