Making the decision to end a marriage is one of the most difficult and emotionally draining experiences a person can go through. Your world feels like it’s been turned upside down, and the future you had planned is suddenly uncertain. On top of the
emotional turmoil, you’re now faced with a legal process that can feel confusing, intimidating, and overwhelming. You have questions about your children, your home, your finances, and what your life will look like on the other side. You’re not
just ending a marriage; you’re restructuring your entire life.
At Brandt Law, we understand what you’re going through. We’ve guided countless clients in Missouri through this challenging process, and our first goal is always to bring clarity and a sense of control back to your life. This guide is our attempt
to do just that. We want to pull back the curtain on the Missouri divorce process, explain it in simple, human terms, and give you a roadmap of what to expect. Legal issues are complex, but your understanding of them doesn’t have to be. Our philosophy
is built on practical guidance and clear communication, and that starts right here.
The First Thing to Understand: Missouri is a “No-Fault” Divorce State
Before we dive into the step-by-step process, it’s important to understand the fundamental principle of Missouri divorce law. Missouri is a “no-fault” state. This is a legal term that has a very simple and important meaning: you do not have to prove
that your spouse did something wrong (like adultery, abandonment, or abuse) in order to get a divorce. The only thing the court needs to find is that the marriage is “irretrievably broken” with no reasonable likelihood that it can be preserved.
In most cases, one spouse simply states in the legal paperwork that the marriage is irretrievably broken, and the other spouse agrees. That’s it. The court doesn’t need to hear the details of why the marriage failed. This “no-fault” system is designed
to reduce the conflict and finger-pointing that used to be a required part of the divorce process. It allows you and your spouse to focus on the important issues: dividing your property, creating a parenting plan for your children, and moving
forward with your lives.
However, it’s important to note that while you don’t need to prove “fault” to get a divorce, the conduct of the spouses during the marriage can still be a factor in the judge’s decisions regarding property division, spousal support, and even child
custody. For example, if one spouse wasted a significant amount of marital money on a gambling addiction or an affair, the judge can take that into account when dividing the remaining assets. The key takeaway is that the reason for the divorce
isn’t a barrier to getting one, but bad behavior can still have consequences.
Know More: Missouri Divorce Timeline in Franklin County: What Happens First, Next, and Last
The Missouri Divorce Process: A Step-by-Step Roadmap
Every divorce is unique, but they all follow the same general legal path. Understanding this path can help demystify the process and reduce your anxiety. Here is a breakdown of the typical steps in a Missouri divorce case.
Step 1: Filing the Petition for Dissolution of Marriage
The divorce process officially begins when one spouse, known as the “Petitioner,” files a document with the circuit court called a “Petition for Dissolution of Marriage.” This legal document provides the court with basic information about the marriage,
such as the names and addresses of the spouses, the names and birthdates of any children, and the date and place of the marriage. It will also state that the marriage is irretrievably broken. The Petition will then outline what the Petitioner
is asking the court to do, such as divide the property, award custody of the children, and order child support or spousal support. At least one spouse must have been a resident of Missouri for 90 days before the Petition can be filed.
Step 2: Serving the Other Party
Once the Petition is filed, the other spouse, known as the “Respondent,” must be formally notified of the lawsuit. This is called “service of process.” In Missouri, this is usually done in one of two ways. The most common and amicable way is for the
Respondent to sign a document called an “Entry of Appearance and Waiver of Service,” which is then filed with the court. This simply acknowledges that they have received a copy of the Petition and are voluntarily submitting to the court’s jurisdiction.
The other method is formal service by a sheriff’s deputy or a private process server, who will personally deliver a copy of the Petition and a “summons” to the Respondent. The summons is a legal document that formally orders the Respondent to
respond to the lawsuit.
Step 3: The Answer and Counter-Petition
After being served, the Respondent has 30 days to file a response with the court. This response is called an “Answer.” In the Answer, the Respondent will admit or deny the statements made in the Petition. Usually, at the same time, the Respondent
will also file a “Counter-Petition,” which is essentially their own petition for divorce, outlining what they want the court to do. This ensures that if the Petitioner were to ever dismiss their Petition, the Respondent’s case would still move
forward.
Step 4: Financial Disclosures and the “Discovery” Process
This is one of the most critical and often time-consuming parts of a divorce. Both parties are required to fully and honestly disclose all of their financial information to each other. This includes completing a “Statement of Income and Expenses”
and a “Statement of Property and Debt.” These sworn documents list everything you earn, spend, own, and owe. The goal is to create a complete and accurate picture of the marital estate so that it can be divided fairly.
In more complex cases, or if one party suspects the other is hiding assets, we move into a process called “discovery.” This is the formal legal process of gathering information. It can include:
- Interrogatories: Written questions that the other party must answer under oath.
- Requests for Production of Documents: A formal request for documents like bank statements, credit card bills, tax returns, and business records.
- Depositions: An out-of-court proceeding where one party’s attorney asks the other party questions under oath in front of a court reporter.
- Subpoenas: A legal demand for documents or information from a third party, such as a bank, employer, or business partner.
The discovery process is designed to ensure that both sides have all the relevant facts before making any decisions. At Brandt Law, we are thorough and diligent in this phase to protect our clients and ensure a fair outcome.
Step 5: Temporary Orders
From the time the Petition is filed until the final divorce decree is issued can take several months, or even longer. But life doesn’t stop. The mortgage still needs to be paid, and the children still need a schedule. To address these issues while
the divorce is pending, either party can ask the court for “Temporary Orders.” These are court orders that put temporary rules in place for things like child custody, a temporary parenting schedule, who pays which bills, and who gets to live in
the marital home. These orders are not permanent, but they provide stability and predictability for the family while the case is ongoing.
Step 6: Settlement Negotiations, Mediation, and Trial
The vast majority of divorce cases in Missouri—well over 90%—are resolved by a settlement agreement, not by a trial. A settlement is a voluntary agreement between the two spouses that resolves all the issues in their case. Reaching a settlement is
almost always faster, cheaper, and less stressful than going to trial. It also gives you and your spouse control over the outcome, rather than leaving these deeply personal decisions in the hands of a judge who doesn’t know you or your family.
Often, settlement is reached through a process called **mediation**. In mediation, both spouses and their attorneys meet with a neutral third-party mediator. The mediator’s job is not to make decisions, but to help facilitate a conversation and guide
the parties toward a mutually acceptable agreement. It is a confidential and highly effective process for resolving disputes.
If, after all efforts, an agreement cannot be reached on some or all of the issues, the case will be set for **trial**. At trial, both sides will present evidence and testimony to a judge, who will then make the final decisions on all the contested
issues. A trial is a formal, public, and often very expensive process. While we always strive to achieve a favorable settlement for our clients, we are always prepared to aggressively advocate for their rights in the courtroom if a trial becomes
necessary.
Step 7: The Final Judgment and Decree of Dissolution of Marriage
Once all the issues have been resolved, either by settlement or by a judge’s decision after a trial, the court will issue a “Judgment and Decree of Dissolution of Marriage.” This is the final, official court order that legally ends the marriage. It
will incorporate all the agreements or decisions made in the case, including the division of property, the parenting plan, child support, and any spousal support. Once this document is signed by the judge, you are officially divorced.
Frequently Asked Questions About Missouri Divorce
1) What are the first steps in a Missouri divorce?
The first step is filing a Petition for Dissolution of Marriage with the circuit court in your county, followed by serving the petition to your spouse. This starts the legal process and sets the timeline in motion.
2) How long does a divorce typically take in Missouri?
The timeline depends on whether the divorce is contested or uncontested. Uncontested cases can resolve in a few months, while contested cases involving property division, support, or custody may take longer depending on court schedules and negotiations.
3) Can I negotiate terms of the divorce without going to trial?
Yes. Most divorce cases in Missouri are resolved through negotiation or mediation. If both spouses reach agreement on issues like support, custody, and property division, the court can finalize the divorce without a trial.
4) What issues are typically decided during a Missouri divorce?
A divorce may include decisions on property division, spousal support (alimony), child custody and visitation, child support, and debt allocation. Missouri law aims to equitably divide marital assets and protect children’s best interests.
5) Why is it important to have a divorce attorney in Missouri?
Even though you can represent yourself, a qualified Missouri divorce attorney ensures your rights are protected, helps you understand complex legal requirements, prepares documentation, and advocates for you in negotiations or hearings.
How a Skilled Attorney Can Guide You Through This Process
Reading through these steps can make the process seem daunting, and in many ways, it is. Having an experienced and compassionate attorney by your side is not a luxury; it is a necessity. At Brandt Law, we do more than just file paperwork. We are your
guide, your advocate, and your advisor through every stage.
- We provide clarity and a strategy. We will sit down with you, listen to your story, and help you define your goals. We will then develop a legal strategy tailored to your specific situation.
- We handle the details. We will manage all the paperwork, deadlines, and communication with the court and the opposing attorney, allowing you to focus on your family and your well-being.
- We protect your financial interests. We will work diligently to ensure a full and fair accounting of all marital assets and debts, and we will fight for a division that is just and equitable.
- We are your advocate in negotiations. We will be your voice in settlement negotiations and mediation, fighting for your rights and working to achieve an agreement that protects your future.
- We are your champion in court. If a trial is unavoidable, we will be prepared, aggressive, and relentless in presenting your case to the judge.
You don’t have to face this alone. Legal matters are stressful, but your experience with them doesn’t have to be. Our focus is simple: protecting your rights and helping you make confident decisions about your future. If you are facing the prospect
of a divorce in Missouri, we invite you to call Brandt Law for a free, confidential consultation. Let us show you how we can help you navigate this difficult time with clarity, confidence, and a dedicated partner by your side.
