Ballwin, Missouri · West St. Louis County
One week you see a neighbor at the Schnucks on Manchester, and the next you hear they have been served with divorce papers. A Ballwin, Missouri divorce lawyer helps you understand what happens next and make good decisions while everything is changing.
Divorce can involve custody, child support, property and debt all at once. Bardol Law Firm practices family law and nothing else, and we represent clients in Ballwin, Manchester, Ellisville, Chesterfield, Wildwood, Town and Country and across St. Louis County, from our office in Webster Groves.
I’ve Been Served With Divorce Papers. What Next?
If you were served with a summons in a dissolution of marriage case, your spouse has filed to end the marriage. Because Ballwin is in St. Louis County, the case is in the St. Louis County Circuit Court in Clayton. See our guide to St. Louis County family court.
Read the petition carefully and note the date you were served.
Talk to a divorce lawyer, even if you plan to handle it yourself, so you know what is at stake.
Gather tax returns, pay stubs, account statements and debts. Do not move money or property.
File an Answer with the court. Missing the deadline can let the case go forward by default.
Some people with short marriages and few assets represent themselves. With a longer marriage, children, a house or retirement accounts, it almost always makes sense to at least meet with an attorney.
Nobody should answer divorce papers without knowing their rights first.
That is why Bardol Law Firm handles family law and nothing else. We spend every day in these courts, and we explain things in plain English. So we built a one-hour strategy session with you, an experienced attorney and your actual case, with clear next steps by the end.
$300 · One full hour with an attorney · No obligation to retain our firm
Will I Have to Go to Court?
Spouses settle every issue. Court involvement is usually limited to approving the agreement.
A conference or two and mediation of the open issues, then settlement.
Hearings, discovery and possibly a trial in Clayton.
The lower the conflict, the less time in court. In St. Louis County, contested domestic cases generally go to mediation under the circuit’s local rule. See Is Mediation Required in St. Louis County?
What Will Happen to My Property?
Each spouse keeps their nonmarital property, and marital property is divided in just proportions, which means fairly but not necessarily equally (RSMo 452.330). Property acquired during the marriage is presumed marital, no matter whose name is on the title.
Premarital and Inherited Property
Property you owned before the marriage, and gifts or inheritances kept separate, are generally nonmarital. But the details matter. Under Missouri law, an increase in value of separate property can become marital to the extent marital assets or labor contributed to it (RSMo 452.330.2).
Down payment from before the marriage
Mortgage paid down with marital income
Value added by renovations paid with marital funds
Tracing which part of a house or account is separate is often where the real negotiation happens, and where good records pay off.
Just served in Ballwin? Know your deadline and your options before you answer.
Spend a full hour with an experienced Bardol Law Firm attorney going through your property, your children and what the St. Louis County court is likely to do. It is personalized guidance you can use whether or not you hire us afterward.
$300 · One full hour with an attorney · No obligation to retain our firm
What If My Spouse Cheated?
Missouri is a no-fault state, so you do not have to prove wrongdoing to get divorced. Conduct during the marriage is one of the factors a court may consider in dividing property, but infidelity usually has less effect on the outcome than people expect. Abuse can matter more, especially for custody, where the court considers any history of abuse. If you or your children are not safe, see our Ballwin domestic violence page.
Will My Spouse Have to Pay My Attorney?
Sometimes. A Missouri court may order one spouse to contribute to the other’s attorney’s fees after considering both spouses’ financial resources, the merits of the case and how each side has acted during it (RSMo 452.355). Fees can be requested during the case through a pendente lite (PDL) motion, or at the end. Fee awards are less common than many people assume. See what a PDL motion is.
Talk to a Ballwin Divorce Lawyer
We help clients respond to divorce papers, sort marital from separate property, build parenting plans, and negotiate or try the case in Clayton. For the full filing process, see how to file for divorce in Missouri. Your case is handled by one of our attorneys, Ann Vatterott Bruntrager, Denise N. Gabel, Mikayla Butler or Anna Palmer, with a named paralegal who knows your file. We generally return calls within one business day. Contact Bardol Law Firm to get started.
Not sure how this applies to your situation?
Bardol Law Firm handles family law and nothing else, in St. Louis County, St. Louis City, St. Charles County and Jefferson County. We generally return calls within one business day.
Frequently Asked Questions About Divorce in Ballwin
Where is a Ballwin divorce filed?
In the St. Louis County Circuit Court in Clayton. Ballwin is in St. Louis County, so divorces involving Ballwin residents are generally filed in the 21st Judicial Circuit.
How long do I have to respond to divorce papers?
Generally 30 days after service. If you do not file an Answer in time, the case can move forward without you.
Is Missouri a 50/50 property state?
No. Missouri divides marital property in just proportions after weighing several factors. The result is often close to even but does not have to be.
Does adultery affect a Missouri divorce?
It can, but usually not much. Conduct is one property factor, but Missouri is no-fault, and infidelity rarely changes the outcome as much as people expect.
Can my spouse be ordered to pay my legal fees?
Sometimes. The court can order one spouse to contribute after considering both spouses’ finances, the merits and each side’s conduct during the case.
This page provides general information about Missouri divorce law and is not legal advice. Every situation is different, and outcomes depend on the specific facts. Reading this page does not create an attorney-client relationship.
The choice of a lawyer is an important decision and should not be based solely upon advertisements.
