Can You Divorce without Going to Court in Missouri?

Divorce litigation isn’t the only way to end your marriage. There are several forms of alternative dispute resolution that can allow you and your spouse to resolve the issues that must be determined and divorce without going to court. Specifically, negotiation, mediation, and the collaborative process are several methods that can be used to reach a settlement without incurring the time, expense, and stress of litigation.

Negotiation

A couple can divorce without going to court by negotiating a settlement. You and your spouse may negotiate informally between yourselves, or with the assistance of an attorney. Once a settlement has been reached in your case, it can be documented in writing and submitted to the court. It will then be signed by a judge to become a binding order.

Through divorce negotiations, you and your spouse can determine how you want the following issues to be decided:

• Property division
• Debt allocation
• Child custody
• Parenting time
• Child support
• Spousal support

When you and your spouse negotiate your divorce settlement, you should both be willing to make concessions and compromise. Importantly, even if you negotiate a settlement between yourselves, it’s essential to have an attorney review the terms to ensure your rights are protected — and your agreement is legally sound.

Notably, while an uncontested divorce in Missouri doesn’t require litigation, a court appearance may be required, depending on the county. For instance, no court appearance is required in the counties in the Kansas City area, but a brief hearing may be required in other counties in Missouri.

Mediation

If you and your spouse are unable to effectively communicate with each other to reach a divorce settlement, it may be helpful to have a third party to guide you. Mediation is another way to divorce without going to court. This form of alternative dispute resolution involves meeting with a neutral party called a mediator who will help you and your spouse facilitate healthy communication.

Unlike litigation, mediation is confidential, cost-effective, and non-adversarial. It also gives you and your spouse the freedom to arrive at a resolution based on what you both think is fair. This may result in a very different outcome than what a judge might decide. Critically, even if you and your spouse can only settle a few of the issues that must be determined before your divorce can be finalized (and any remaining issues must be litigated) mediation can be deemed successful.

Although mediation takes place outside of court, you can still have the benefit of counsel during the process. While a mediator cannot provide legal advice or take sides, an attorney can advise you of your rights during negotiations and safeguard your interests. Additionally, before your settlement agreement is finalized, it’s best to have an attorney review it to ensure a fair outcome.

Collaborative Divorce

Collaborative divorce can allow you and your spouse to divorce without going to court by promoting cooperation and compromise using a team of neutral professionals. With the collaborative process, you and your spouse would each be represented by your own attorneys. However, you must sign an agreement that you are committed to resolving your case without litigation. If you or your spouse decide you do not want to participate in the collaborative process any longer — and would rather pursue litigation instead — you must find new counsel for court.

A collaborative team is assembled based on the specific issues that must be decided in the case. The team may include the following professionals:

• Financial neutrals — Tax professionals, financial advisors, and financial planners can help you understand the financial consequences of your divorce and resolve these matters fairly.
• Mental health experts — Psychologists, psychiatrists, therapists, and counselors can be part of a collaborative divorce team to help you and your spouse develop coping strategies.
• Business valuators — If business assets are at issue, a business valuator can assess how much the business is worth and help determine how it should be divided.
• Child specialists — Child specialists can assist you with understanding your children’s needs and help ensure they are not negatively impacted by the divorce.
• Divorce coach — A divorce coach can work with you to navigate all aspects of your divorce and help you make informed decisions.

Once an agreement is reached in the collaborative process, it must be put into writing and sent to the court for a judge’s approval. After the document is signed by the judge, it will become legally binding upon both you and your spouse.

Contact an Experienced Missouri Divorce Attorney

If you would like to learn more about how you can divorce without going to court, it’s best to consult with an experienced attorney who can advise you regarding your available options. Divorce and family law attorney Mark A. Wortman provides trusted representation to clients in the greater Kansas City, Missouri area who are facing divorce and a variety of family law matters. To schedule a confidential consultation to learn how he can assist you, please contact him today online or by calling (816) 523-6100.