What Are the Different Ways to Get a Divorce in Missouri?

Unlike what is depicted on TV and in the movies, a lengthy courtroom trial is not the only way to divorce. In fact, there are several ways to divorce in Missouri which can be more efficient, cost-effective, and amicable than litigation. While every matrimonial matter is unique, it’s important to understand the options that are available so you can find the method that will work best in your situation.

Key Takeaways

• There are multiple ways to divorce in Missouri, including using mediation, negotiation, collaborative divorce, and litigation.
• Annulment and legal separation are two alternatives to divorce that are recognized in Missouri. While annulments are only possible if strict legal requirements are met, legal separation allows spouses to resolve the issues that must be determined in divorce while remaining legally married for financial, personal, or religious reasons.
• A filing spouse may obtain a default divorce if the other spouse does not respond to the divorce papers or appear in the action.

Types of Divorce

There are two types of divorce in Missouri: contested and uncontested divorce. With a contested divorce, there are one or more issues in dispute that cannot be settled between the parties. In contrast, with an uncontested divorce, the parties agree on all the issues that must be resolved in order for a judge to grant the final decree. Regardless of whether a divorce is contested or uncontested, going to court isn’t always the only option. There are several methods couples can use to legally part ways.

Methods to Divorce in Missouri

Divorce in Missouri isn’t one-size-fits-all. There are a wide range of methods that can be used to help spouses resolve the issues that must be decided, including property division, alimony, child support, and child custody. Choosing the best method will depend upon the level of conflict between the spouses, their goals for divorce, and their ability to cooperate.

Some common methods that can be used to divorce in Missouri include the following:

Mediation

Mediation is a confidential, out-of-court process that uses a third party called a mediator to help spouses reach a resolution to the issues that must be settled in divorce. By focusing on solutions, rather than blame, the process can reduce conflict and allow spouses to remain in control of the outcome of their cases. Once spouses have reached an agreement regarding the issues in dispute, a settlement will be drafted to submit to the court to become a binding order.

Collaborative Divorce

Collaborative divorce in Missouri is a voluntary, non-adversarial process that allows spouses to divorce privately using a team of specialists to help resolve issues fairly. Depending on the issues in the case, a collaborative team may include financial neutrals, mental health professionals, child custody experts, and appraisers. This method of alternative dispute resolution can help spouses maintain a respectful relationship, which can be crucial for co-parenting.

Negotiation

Negotiation can happen at any point during the divorce process and be used in connection with any divorce method. Often a crucial component of a litigated divorce, negotiation is the process where spouses discuss the terms of their divorce through their attorneys to reach an agreement. Typically, it involves give-and-take on both sides as spouses work to achieve a mutually agreeable resolution on each issue.

Litigation

Litigation is the process of resolving the issues that need to be determined in divorce in the courtroom. A judge makes the final decisions in the case based on state law and the evidence in the case. It is typically a lengthy process involving multiple stages, including pleadings, discovery, motion practice, and court conferences. While a litigated divorce case can conclude with a trial to determine any outstanding issues, these matters often settle through negotiations.

Default Divorce

A filing spouse can obtain a default divorce in Missouri if the other does not respond to the divorce papers or appear in the case within a specified time frame. In such situations, the court allows the divorce process to proceed without the non-appearing spouse’s participation and will grant the relief the filing spouse requested.

Alternatives to Divorce in Missouri

In certain situations, divorce may not be the only way to end a marriage in Missouri. In limited situations where a spouse can show that the marriage is void or voidable, they may be entitled to an annulment. However, there are strict legal requirements to obtain an annulment. A spouse must prove one of the following grounds for annulment with clear and convincing evidence:

• The marriage was entered into on the grounds of a spouse’s fraud or concealment of material facts, although the burden of proof for this element is very high and difficult to prove.
• One spouse was still legally married to someone else
• The spouses are close relatives
• The marriage was entered into under duress
• One of the spouses lacked the mental capacity to consent to marriage
• One or both spouses were underage when the marriage was entered into

In addition, legal separation is recognized as an alternative to divorce in Missouri. Legal separation allows spouses to address property division, debt allocation, child custody, and child support while living separately and apart but remaining married for religious, personal, or financial reasons. A legal separation can be converted to a divorce after 90 days.

Contact an Experienced Missouri Divorce Attorney

If you are considering divorce in Missouri, it’s essential to have a knowledgeable attorney by your side who can advise you regarding the method that is best for your situation. Divorce and family law attorney Mark A. Wortman is committed to providing dedicated counsel for clients facing divorce and a wide range of family law matters in the greater Kansas City, Missouri area. Schedule a confidential consultation to learn how attorney Mark A. Wortman can help by contacting Mark online or by calling (816) 523-6100.