What to Expect at an Uncontested Divorce Hearing

Divorce is never easy, but an uncontested divorce is certainly easier than a high-conflict divorce process ending in a contentious trial. In an uncontested divorce, both spouses agree on the terms of their divorce, meaning that there is no reason for a trial, because everything is resolved. In this blog post, we will talk about what is involved in an uncontested divorce, and what to expect at an uncontested divorce hearing.

Does My Divorce Need to Be Uncontested From the Start?

Many Missouri couples are able to resolve all of the issues in their divorce even before filing the papers to start their divorce, known as a Petition for Dissolution of Marriage. While that is wonderful for those who can manage it, it is not possible for everyone.

The good news is that even couples who don’t agree on every issue when their divorce case is filed can reach agreement—sometimes on their own, sometimes with the help of their attorneys or a mediator—before their final divorce hearings. If that happens, they can still have an uncontested divorce. For purposes of cost however, a case that is settled from the very beginning is considerably cheaper than one that requires negotiation, mediation, or litigation to become uncontested.

Can I Get an Uncontested Divorce if I Have Kids?

Couples with minor children can get an uncontested divorce. You will have to complete a parenting plan outlining your agreement on child custody, visitation, and child support and submit it to the court before getting a final order of divorce

How Long Does it Take to Get an Uncontested Divorce?

In Missouri, there is a mandatory 30-day waiting period between the date the petition is filed and the date that the divorce can be finalized. So, even if you and your spouse agree on every detail, you will still have to wait at least 30 days before your divorce is final.

However, just because the divorce hearing process can take as little as 30 days doesn’t mean it will; there may be delays because of court processing times or judges with full schedules, especially in larger Missouri counties.

Also, in cases involving minor children, both parents may be required to take a parenting class before receiving a final order of divorce. If one parent delays in doing so, that will push back the date of the uncontested divorce court hearing.

Because of these factors, it usually takes between one and six months to get a final order of divorce in an uncontested divorce matter. An experienced Missouri divorce lawyer can help minimize delays by ensuring that all paperwork is accurate, complete, and filed as soon as possible.

Do My Spouse and I Both Have to Attend an Uncontested Divorce Hearing?

You and your spouse are both entitled to attend your uncontested divorce hearing, but typically only the person who filed for divorce (the Petitioner) is required to attend, so long as the other party (the Respondent) has signed all the necessary documents, which include a Waiver of Service and a Marital Settlement Agreement.

Different counties may have their own rules, so be sure to check with your divorce attorney to see if you will be required to appear at your uncontested divorce court hearing. Also, many courts allow a divorce to be completed by affidavit, which means that if the appropriate paperwork is filed, no hearing is required at all.

How Long Does an Uncontested Divorce Hearing Take?

In most cases, an uncontested divorce hearing will take less than fifteen minutes, and may take as little as five. The divorce hearing process typically involves the judge in the case reviewing the case file and confirming that all required paperwork, including the marital settlement agreement, has been filed; if there are minor children, the judge will also confirm that a parenting plan has been completed.

If the case file is in order, the judge will ask the Petitioner a few straightforward questions to confirm that the court has jurisdiction and that the divorce truly is uncontested. These questions include:

• Have you or your spouse lived in Missouri for at least 90 days? (If the answer to this question is “no,” you do not meet Missouri’s residency requirements for a divorce.)
• Is the marriage irretrievably broken? (This is to determine whether there is a chance that the marriage can be saved; if the marriage is irretrievably broken, the couple is eligible for a no-fault divorce.)
• Do both you and your spouse agree to the terms of the settlement?
• Is the parenting plan you submitted in the best interest of your child(ren)?

If the judge is satisfied that everything is in order, he or she will grant the divorce. The divorce is final when the judge signs the final order of divorce, also known as the Final Judgment of Dissolution of Marriage.

Contact an Experienced Missouri Divorce and Family Law Attorney

Working with an experienced attorney can help your uncontested divorce go more smoothly, and give you the confidence that you understand all of the terms you are agreeing to. Divorce and family law attorney Mark A. Wortman is committed to guiding his clients every step of the way through the divorce process, and safeguarding their legal and financial rights. Mark skillfully represents clients in the greater Kansas City, Missouri area in divorce matters and a broad scope of family law issues, and is dedicated to obtaining the best possible results in each case.

If you are going through divorce, schedule a confidential consultation to learn how attorney Mark A. Wortman can help with your case. Contact Mark online or by calling (816) 523-6100.