Frequently Asked Questions about Missouri Divorces

  1. What are the grounds for divorce in Missouri?
    Missouri has limited “no fault” divorce, making it unnecessary to prove cruelty, adultery, etc., to obtain dissolution. The usual ground is irreconcilable differences with your spouse. In a few cases it may be appropriate to allege other grounds.
  2. How long must I be a resident of Missouri to get a dissolution?
    You or your spouse and/or any minor children must have been a resident of Missouri for 90 days immediately preceding the filing of the petition for a dissolution. In addition, for Missouri to have jurisdiction over your minor children they must have resided in Missouri for a period of six (6) months before Missouri is deemed to be their “home state” for purposes of the Uniform Child Custody Jurisdiction Act (UCCJA).
  3. How long will it take to get a dissolution?
    No dissolution can be granted until at least 30 days after a Petition for Dissolution has been filed. Generally, you must wait 30 days from the date your spouse officially receives a copy of the petition. In the “typical case,” your case will be heard in the Circuit Court 60 to 90 days after it is filed if and only if it is uncontested. The absolute minimum is 31 days.
  4. Can we both use the same lawyer?
    A lawyer cannot ethically represent competing interests. A dissolution necessarily involves some matters which benefit one spouse and are a detriment to the other. Therefore, an attorney can only represent one person in a dissolution. That being said, if the parties agree on all terms, one lawyer can prepare all necessary documentation on behalf of his or her client. The other party may then seek his or her own attorney to review the documentation or may alternatively decide they are satisfied with the documentation as drafted. However, it is extremely important for the non-represented party to be aware that the attorney only represents one of the two parties and cannot provide “legal advice” to the non-represented party.
  5. How much does a divorce cost?
    The cost of a divorce depends largely on the ability of the parties to work things out amicably. Flat fees are possible for uncontested divorces with, and without, children. Otherwise, it is typical for an attorney to require a retainer and then bill hourly against the retainer. Courts do charge a fee for filing a divorce. Our fees start at a $500 flat fee for uncontested divorces without children in Greene, Webster, and Christian Counties. In addition, the client is responsible for filing and service fees.

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