If you are thinking about divorce, one of the first questions you probably have is a simple one: how long will this take?
The honest answer is that it depends – mainly on whether you and your spouse can agree on the key issues or whether the court will need to sort them out. What the law does provide is a clear minimum and some reliable ranges for each type of situation.
The Legal Baseline: Missouri’s 30-Day Waiting Period
Missouri law (RSMo 452.305) requires a minimum 30-day waiting period from the date a divorce petition is filed before a judge can finalize the divorce. No exceptions. Even if both spouses agree on everything and have paperwork ready to go, a Missouri court cannot issue a final decree until those 30 days have passed.
In practice, the 30-day mark is the floor, not the finish line. Court scheduling, document review, and the time it takes to finalize agreements almost always push the timeline beyond one month. Still, Missouri’s 30-day period is notably shorter than many other states, some of which impose waiting periods of six months or more.
The 30 days are not dead time. Using that window to organize financial documents, work through settlement terms, or begin discussions about parenting arrangements can meaningfully shorten the overall process.
Before You Can File: The 90-Day Residency Requirement
Before a divorce petition can be filed, at least one spouse must have lived in Missouri for a minimum of 90 consecutive days. This applies to most residents and to servicemembers stationed in the state.
If you recently moved to Missouri, you will need to reach that 90-day mark before filing is an option. The clock starts when you establish Missouri residency, not when you decide to divorce.
Missouri Is a No-Fault Divorce State
Missouri courts do not require proof of fault to grant a divorce. The legal standard is simply that the marriage is “irretrievably broken.” One spouse’s statement that the marriage cannot be saved is generally enough. If the other spouse disputes that claim, the court may hold a brief hearing, but in nearly all cases, the divorce proceeds if one party clearly wants it to.
Uncontested Divorce: Typically 60 to 90 Days
An uncontested divorce is one where both spouses have reached agreement on all major issues: division of property and debt, whether spousal maintenance applies, child custody and parenting time, and child support if children are involved.
When both sides are on the same page, the process is much more straightforward. After filing, serving the other spouse, and clearing the 30-day waiting period, the court reviews the settlement agreement and issues a final decree. In most Missouri counties, uncontested divorces are finalized within 60 to 90 days from the date of filing.
Several things can influence exactly where in that range your case lands:
- How quickly both parties complete and submit all required paperwork
- The specific circuit court’s scheduling and case volume
- Whether children are involved (parenting plans and child support worksheets add steps)
- How thorough and clearly drafted the settlement agreement is
If minor children are part of the case, both parents are typically required to complete a parenting education program. In the St. Louis area, that requirement is generally satisfied through a court-approved online course and should be factored into your planning timeline.
Contested Divorce: Six Months to More Than a Year
A contested divorce involves one or more unresolved disputes – over property, spousal maintenance, custody, parenting time, or any combination of those issues. When the court needs to step in and make decisions, the process takes significantly longer.
Most contested divorces in Missouri resolve somewhere between six months and a year. Cases involving complex finances, business interests, significant assets, or a highly disputed custody arrangement can extend well beyond that range.
Here is how a contested case typically unfolds after the initial filing and service:
- Temporary Orders. Either spouse can ask the court for temporary orders early in the process to address immediate needs – who stays in the family home, how expenses get handled, and initial arrangements for the children. These orders hold until a final decree is issued.
- Discovery. Both sides exchange relevant information and documents. This may include financial statements, bank records, tax returns, pay stubs, and retirement account documentation. Missouri law requires responses to written questions (interrogatories) within 15 days unless the court adjusts that deadline. In complicated financial situations, this phase can take several weeks to several months.
- Mediation. Missouri courts frequently order mediation before a case proceeds to trial, particularly when children are involved. Under RSMo 452.350, courts have authority to refer parties to mediation to help resolve contested issues. Many cases that start as contested end up settling during or after mediation, which saves both time and cost compared to a full trial.
- Pre-Trial and Trial. If mediation does not produce a full agreement, the case goes to trial. A judge will hear testimony, review evidence, and make decisions on any remaining disputed issues. Scheduling a trial date can itself add weeks or months to the process depending on the court’s docket.
How The Betz Law Firm Can Help
At The Betz Law Firm, we work with St. Louis families going through divorce every day. Our goal is to help you understand exactly where you are in the process, what comes next, and how to move forward as efficiently as possible – whether your situation is straightforward or complicated.
