St. Louis Uncontested Divorce Lawyer
We often hear stories of individuals looking to marry who first need to end a previous marriage with their estranged partner.
Divorce is often associated with stress, expensive fees, and shouting matches in front of judges. Recently, our office received multiple calls asking about uncontested divorces. As a result, your trusted St. Louis legal staff at The Betz Law decided to take a moment to discuss the advantages of an uncontested divorce.
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We often hear stories of individuals looking to marry who first need to end a previous marriage with their estranged partner. Both parties have long been ready to end an old chapter. An uncontested divorce allows for a smooth and affordable option for both parties. The process becomes expedited by removing questions about custody and property division. In fact, in the case of uncontested cases retained by our office, we charge a one-time, flat fee!
One might then think that a few signatures on a legal document would suffice to dissolve the union. As experienced uncontested divorce lawyers, we can tell you that it is never that easy. In St. Louis, it is generally not enough for both parties to seek a divorce. For a judge to consider an uncontested divorce, all marital issues during divorce proceedings, such as childcare and division of property, will have to be resolved.
Having handled hundreds of divorce petitions, we can tell you that an uncontested divorce involves a lot of paperwork. We handle most of that for you so that no accidental errors could prolong the process.
The Parenting Plan
Creating a parenting plan is the first hurdle for a divorcing couple in St. Louis. Our state’s family law system prioritizes children’s needs and safety. To that end, it wants to ensure that a parent’s decision to dissolve the marriage has a minimal effect on their children’s lives. It encourages joint physical and legal custody of minor children so both parents can remain active in their children’s lives.
For a parenting plan to be accepted by the St. Louis court, there must be specific criteria addressed:
- A specific schedule outlining visitation times for noncustodial parents. It should include information about who the holidays will be spent with, how school holidays will be handled, and the schedules for the children during the week and on weekends. A judge would also like to see provisions made for who the child will spend long-term school vacations. The time and place where the child will be picked up and an agreement regarding how those driving chores can be shared.
- Other forms of communication between the child and noncustodial parent should be arranged, such as phone calls and e-mails. You and your parenting partner should also detail a plan for when one parent needs to change a part of the visitation schedule.
- An agreement regarding how legal custody of the child will be handled. St. Louis family court judges prefer to see joint legal custody of minor children in a parenting plan. The plan should have an outline for educational decisions and a method for both parents to receive important notifications. It should also discuss how any health care decisions should be made, including the selected doctors and a plan in case of a medical emergency. How will both parents determine seemingly inconsequential day-to-day decisions like extracurricular activities and childcare? Most important in this section is a plan to solve disputes concerning the best interest of your child if they should arise.
- If you and your spouse try to simplify this by suggesting that one parent will be responsible for all decisions in the child’s life, you must outline why joint legal custody is inappropriate.
- Your agreement for child support is also included in the parenting plan. In addition to the agreed-upon amount to be paid, you must confirm that you include who will provide health insurance for the children and how any additional expenses not covered by insurance will be paid. Educational expenses, childcare costs, and a provision for how a major, unexpected expense shall be addressed need to be addressed.
Division of Assets and Debts
In addition to the detailed parenting plan, the judge will want to see that the couple has reached an amicable agreement regarding the division of marital property and any accumulated debt the couple may have. When making these decisions, bear in mind that marital property includes all assets acquired during the course of the union, regardless of whose name may appear on the title or deed. The only exceptions are gifts made by someone other than your spouse or an inheritance.
You and your spouse must also examine your acquired debt and decide who will be responsible for each one. This will include mortgages, car payments, and credit card bills. Utility bills are not considered debt and do not need to be part of the agreement.
Spousal Support
One last item that should be covered in your uncontested divorce petition is the provision for spousal support, if any. Spousal support is not mandatory in St. Louis and, therefore, not a requirement for an uncontested divorce.
St. Louis Uncontested Divorce Attorney’s at Work
With our help, expecting an uncontested divorce petition to be granted in a relatively short period is not unreasonable. We can file your paperwork if you and your spouse can work together and use our experience as a guide. Hopefully, you and your spouse will be granted your dissolution of marriage without ever needing to enter a courtroom.
Speak With an Experienced Attorney
Our firm uses experience, good communication, and availability to help families navigate life-changing events.
Frequently Asked Questions About Uncontested Divorce in St. Louis, MO
What is an uncontested divorce in St. Louis?
An uncontested divorce means both spouses agree on all major issues—such as property division, debt allocation, child custody, and support—without needing a court to decide. In St. Louis, if you and your spouse can settle these matters amicably, you can often finalize your divorce more quickly and with less expense compared to a contested case.
What are the residency requirements to file for an uncontested divorce in Missouri?
Under Missouri law, at least one spouse must have been a resident of the state (or stationed in Missouri as a member of the military) for at least 90 days before filing. For St. Louis residents, ensure you meet this timeframe so the circuit courts have jurisdiction over your case.
How long does an uncontested divorce typically take in St. Louis?
In general, an uncontested divorce in Missouri can be finalized in as little as 30 days after filing, assuming all paperwork is in order and there are no delays. In St. Louis, timelines can vary depending on the court’s caseload and whether any unexpected disputes arise.
How much does an uncontested divorce cost in St. Louis?
Costs can vary based on attorney fees, filing fees, and whether you need additional services (like mediation). However, uncontested divorces are generally more affordable than contested cases because they require fewer court appearances and less legal work.
Do I need a lawyer for an uncontested divorce in St. Louis?
While it is possible to file for an uncontested divorce without an attorney, having a St. Louis divorce lawyer can help ensure your paperwork is accurate, you understand your rights, and the terms of your settlement are fair. A lawyer can also help avoid costly mistakes that might arise if issues go unaddressed.
Can my spouse and I use the same attorney for our uncontested divorce?
Missouri’s ethical rules generally do not allow one attorney to represent both spouses due to potential conflicts of interest. However, one spouse can hire a lawyer to draft documents while the other remains unrepresented—though the unrepresented spouse should still seek independent legal advice to protect their interests.
Will we have to go to court for our uncontested divorce?
For most uncontested divorces, only minimal court appearances or none at all may be required—especially if all documents are filed properly and both parties have agreed to the terms. In some cases, you may need to attend a brief hearing in front of a judge to finalize the divorce.
How does child custody affect an uncontested divorce in St. Louis?
As long as both parents agree on a parenting plan, including custody schedules and child support, custody arrangements can be part of an uncontested divorce. The court will review the plan to ensure it serves the best interests of the child, but typically will approve it if both parents are in agreement.
Can we still file an uncontested divorce if we own a house or have significant assets?
Yes. Even with larger or more complex asset portfolios, a divorce can remain uncontested if you and your spouse agree on how to divide all property, debts, and retirement benefits. A detailed Marital Settlement Agreement will outline the specifics to help finalize your uncontested case.
What if we initially disagree—can a contested divorce become uncontested later?
Absolutely. Couples sometimes start with disagreements but ultimately reach a settlement on all issues through negotiation or mediation. Once both spouses are fully in agreement on all terms, the divorce can be converted to an uncontested matter, reducing the need for further litigation.