Uncontested Divorce

Going through divorce is hard. Getting divorced doesn't have to be.

The Basics of Uncontested Divorce in Missouri

At Lotspeich Law, we understand that not every divorce has to be a battle. For couples who are able to work together to resolve key issues like property division, custody, and support, an uncontested divorce offers a more peaceful and cost-effective path forward. If you're considering divorce in Missouri, here's what you need to know about how the uncontested process works.

What Is an Uncontested Divorce?

An uncontested divorce means that both spouses agree on all the major issues involved in ending the marriage, including:

Division of marital property and debts
Child custody and parenting time (if applicable)
Child support
Spousal support (also known as maintenance or alimony)

Because there are no disputes that require court intervention, uncontested divorces are typically faster and less expensive than contested divorces.

husband and wife looking out over the ocean

Missouri Requirements for Divorce

To file for divorce in Missouri, at least one spouse must have been a resident of the state for at least 90 days before filing. Missouri is a no-fault divorce state, meaning you don’t have to prove wrongdoing to be granted a divorce—you simply need to state that the marriage is "irretrievably broken." If you have children, the court will look at where the children have primarily resided over the last six months to determine which court has proper jurisdiction over the children.

Benefits of an Uncontested Divorce

Cost-Effective: You avoid the high legal fees that come with prolonged litigation.
Faster Resolution: Uncontested divorces can often be finalized in as little as 30 to 60 days.
Lower Stress: Without courtroom battles, the process is more respectful and private.
Greater Control: You and your spouse make the decisions, not a judge.

The Uncontested Divorce Process in Missouri

Here’s a general overview of how the uncontested divorce process works:

Agreement: You and your spouse must agree on all terms of your divorce. The petition and settlement documents get drafted.
Petition for Dissolution: One spouse (the petitioner) files the petition for dissolution of marriage in the circuit court of the county where either spouse resides.
Service: the other spouse (known as the Respondent) must be served by a sheriff or special process server unless they sign a Waiver of Service.
The Waiting Period. Missouri requires a 30-day “cooling off” period wherein, even if all matters are agreed upon, you must wait 30 days before appearing before a judge and finalizing your divorce.
Settlement Documents: You submit your signed marital settlement agreement, and if children are involved, your signed joint parenting plan.
Final Hearing: In most uncontested cases, only the Petitioner needs to attend a short court hearing. The settlement documents are presented to the court. A judge will review your documents to ensure everything is fair and meets Missouri legal standards. The judge will issue a Final Judgment of Dissolution, legally ending the marriage.

Ready to Move Forward?

If you and your spouse are ready to start the process of an uncontested divorce in Missouri, Lotspeich Law is here to help you navigate it efficiently and with care. Contact us today to schedule a consultation and take the first step toward a fresh start.