Divorce is the legal process of ending or dissolving a marriage. In Missouri, it is called dissolution of marriage. The process of divorce in Missouri involves the Court making determinations for property and debt, spousal support, child custody, and child support.

How can we help?

At Bardol Law Firm, LLC, our St. Louis, Missouri divorce lawyers handle the entire process for you from start to finish. This includes negotiating the split of property and debt, arguing for or against maintenance, assisting in the development of a custody plan for your kids, and factoring the correct child support amount.

How long does divorce take in Missouri?

The length of divorce in Missouri is technically supposed to take one year or less according to the Supreme Court. However, the actual length of the case depends greatly on the county where your case is being heard. For example, in St. Louis, a typical uncontested case may be finished within 45 days, whereas a moderately contested case may take six to nine months.

How much does it cost to get a divorce lawyer?

The cost of a divorce ranges depending on the lawyer that you hire. Some lawyers charge flat fees, but most bill hourly on your case. The longer the case takes, the higher the bill is. There is a great advantage to keeping the case uncontested if you would like to keep the bill low. As a ballpark figure, a mildly contested divorce will roughly cost between $5,000.00 and $10,000.00 total in Missouri.

How do I find the best divorce attorney?

Finding a great attorney depends on your goals. There are many excellent family law attorneys in St. Louis, Missouri. If you want to keep your case amicable and quick then you might look for a lawyer that is mediation friendly. If you think your case will be contested then you may seek an attorney with a litigation heavy firm. Just be careful to know what you are looking for as contested cases can become very expensive and lawyers who only practice aggressively tend to run very high bills. Flexibility in an attorney may be the most important trait.

Is it better to have a male of female divorce attorney?

Either. Gender of your lawyer truly has no effect on your divorce case in Missouri. Judges have so many cases in front of them on a daily basis, that they do not pay attention to a detail like that. More importantly, look for an attorney of either gender who regularly practices in front of the Judges in your county.

What makes a good divorce lawyer?

Flexibility to fit the needs of your case is one of the most important qualities of a lawyer. If your lawyer can be comfortable enough to ratchet up the aggressiveness when the case needs it, but can also lead you down an amicable path when possible, then you have a good attorney. Communication is also a key to having a good attorney-client relationship. Look for a lawyer that returns calls and emails in a timely manner.

Can I get a divorce without a lawyer?

Yes, in Missouri you can handle your divorce without a lawyer. The State of Missouri has a website which helps parties work through the case without legal help. That being said, the case will move much, much faster if you hire an attorney.

Does it matter who files for divorce in Missouri?

It does not matter who files for divorce in Missouri. Either spouse can file the case and the outcome will be the same. Missouri is a no-fault state which means you do not need a reason to file for divorce other than the marriage being irretrievably broken. In most cases, Judges do not even pay attention to which party filed the case.

Do both parties have to agree to the divorce in Missouri?

Unfortunately, both parties do not have to agree for a divorce to be granted in Missouri. In a no-fault state, the filing party just must prove that the marriage is irretrievably broken. Even if the other spouse contests that the marriage is irretrievable broken, they are almost never successful.

When should you seek a divorce lawyer?

If you are looking to file for divorce then you can find an attorney when you are ready to start the process. If you have been served with divorce paperwork, then you should find an attorney as soon as you are served with the paperwork. In Missouri, you only have 30 days to respond to a dissolution of marriage summons so you want to give yourself plenty of time to hire counsel.

What are the divorce laws in Missouri?

Missouri laws are called statutes. The statutes regarding dissolution of marriage are all contained in chapter 453 of the Missouri law. In shorthand, this is called RSMo 453. There are specific statutes for all of the different issues that may arise in your divorce case, including spousal support, child custody and child support.

Is there alimony in Missouri?

Yes, there alimony can be awarded in Missouri. Alimony is called maintenance in Missouri. Some people may refer to it as spousal support as well. If your case is appropriate for maintenance, then it can be modifiable with no end date or non-modifiable with a specific end date.

How is alimony calculated in Missouri?

There is no specific chart in Missouri to calculate maintenance or alimony. It is at the discretion of the Judge assigned to your case or the parties can agree to an amount. Each Judge is required to follow some general guidelines under the Missouri statutes which help them determine maintenance though.

Can you date while separated or going through a divorce?

While there is no specific law stopping a spouse going through a divorce from dating, it is likely not a good idea. It is not a good look to the Judge, it can be considered marital misconduct which may affect awards in your case, and it likely increases hostility between you and your current spouse. When in doubt, wait to date.

How long after a divorce can you remarry in Missouri?

Once your divorce is final though, you can remarry. The term final for a divorce in Missouri is technically 30 days after the Judge signs. After those 30 days have passed, feel free to get married again.

What is the fastest I can get a divorce in Missouri?

A Judge in Missouri cannot grant a divorce until at least 30 days after the case has been filed with the Court. The fastest the case can then be resolved if all paperwork is done efficiently and the Judge signs immediately upon receiving the paperwork is 31 days. The more realistic timeline for a quick, uncontested divorce is probably more in the 45-day range, which is still very fast.

What is considered marital property in Missouri?

Simply, marital property is any property acquired during the marriage unless it was inherited and kept separate or gifted. Separate property is anything from before the marriage, anything inherited and kept separate, and anything gifted.

How long do you have to be married to get alimony in Missouri?

There is no specific time to be married to be awarded spousal support in Missouri. That being said, 5 to 10 years of marriage is a somewhat unsaid rule among Judges to start considering maintenance.

What type of property can be divided during a divorce?

All marital property can be divided in divorce. This includes bank accounts, real estate, retirement account and pensions, and debts. This can also include the marital portions that have developed in separate property, such as a retirement account that you owned before the marriage and then kept contributing toward during the marriage.