Uncontested divorce ยท Flat fee
St. Louis Uncontested Divorce Lawyer
When you and your spouse already agree on how to end the marriage, the divorce should match that: a defined process, a flat fee, and in most cases no trip to the courthouse. We prepare the agreement and the filings, keep the case on track, and get it in front of the judge for approval.
The first question most people ask
What counts as an uncontested divorce in Missouri?
A divorce is uncontested when both spouses agree on every issue the court has to decide, and put that agreement in writing before the judge sees the case. Wanting the divorce is not enough on its own. The agreement has to cover the whole case, and it has to be one the court can approve.
What you and your spouse have to agree on
For a Missouri court to enter a judgment on your agreement, the settlement has to resolve:
- Division of marital property and debt: the house, vehicles, accounts, retirement, credit cards, and loans
- Maintenance (spousal support), or a written waiver of it
- A parenting plan, if there are minor children, covering custody, the schedule, holidays, and decision-making
- Child support calculated under the Missouri guidelines, with the worksheet attached
- Who pays which bills until the judgment, and any name change either spouse wants in the judgment
One point that catches people off guard: Missouri’s ethics rules generally do not allow one lawyer to represent both spouses. We represent one of you, draft the agreement and the filings, and the other spouse reviews and signs, with their own attorney if they choose. Many uncontested cases are handled exactly this way.
The legal requirements
Under Section 452.305 of the Missouri Revised Statutes, the court can enter a judgment of dissolution once three things are true:
- Residency. At least one spouse has lived in Missouri (or been stationed here in the military) for 90 days before the petition is filed.
- Waiting period. At least 30 days have passed since the petition was filed.
- Irretrievable breakdown. The court finds there is no reasonable likelihood the marriage can be preserved. When both spouses say so under oath, this is rarely in question.
The case is filed in the circuit court for the county where either spouse lives. For most of our clients that is St. Louis County, St. Louis City, St. Charles County, or Jefferson County. Which spouse files first does not change the outcome in an agreed case; we cover that in does it matter who files for divorce first in Missouri.
Not sure you are ready to end the marriage? A legal separation resolves the same issues while the marriage continues, and can be converted to a divorce later.
Cost and timeline
What an uncontested divorce costs and how long it takes
These are the two questions nearly everyone asks first, and they deserve plain answers.
A flat fee, quoted up front
For uncontested cases our office accepts, we charge a one-time flat fee rather than billing by the hour. You know the attorney’s fee before you decide, and it does not grow with each phone call or revision. The court’s filing fee and any service costs are separate and set by the court.
The flat fee covers an agreed case: the petition and supporting filings, the marital settlement agreement, the parenting plan and child support worksheet if there are children, the proposed judgment, and getting the case submitted to the court. If the agreement comes apart and the case becomes contested, we will tell you before anything changes about the fee arrangement.
What makes it cost more
A retirement account that needs a Qualified Domestic Relations Order, real estate that has to be deeded over, or a business interest can add drafting work. We flag these at the consultation so there are no surprises.
How long it takes in St. Louis
Thirty days after filing is the legal minimum, not the typical result. In practice an agreed case in the St. Louis area often takes a few months from the first meeting to the signed judgment. The time goes to three things: gathering the financial information the agreement needs, getting both spouses’ signatures on the final documents, and the court’s own docket for reviewing and signing judgments.
Cases with children take somewhat longer because the parenting plan has to be complete and the court reviews it for the children’s best interests. Most St. Louis area courts also require both parents to complete a parent education program before the judgment.
Do we have to go to court?
Often no. In many St. Louis area courts an agreed case can be submitted on affidavits and the signed agreement, and the judge enters the judgment without a hearing. Some judges and some counties prefer a brief appearance. We tell you which to expect for your court, and when an appearance is needed it is usually short and uncontested.
How it works
A defined process from first call to judgment
An uncontested divorce is mostly paperwork done correctly and in the right order. Here is the order.
1
Confirm the agreement and quote the fee
At the consultation we walk through every issue the court will need resolved and confirm you and your spouse are actually in agreement on each one. If you are, we quote the flat fee and list the documents we need: pay information, account statements, the deed, vehicle titles, and retirement statements.
2
Draft, review, sign, and file
We draft the petition, the marital settlement agreement, and, if there are children, the parenting plan and support worksheet. Your spouse reviews the documents, with their own attorney if they want one, and signs. The case is filed and the 30-day clock starts.
3
Submit for judgment
Once the waiting period has run and any parent education requirement is met, we submit the agreement, affidavits, and proposed judgment to the court. The judge reviews the terms and, if they are fair and complete, signs the judgment. You receive a certified copy, and the marriage is dissolved.
Agree on most things but not everything? That is the most common starting point. David is on the St. Louis County Family Court’s Court Approved Mediator List, and a mediation session can often close the remaining gaps so the case stays uncontested.
Common questions
Uncontested divorce questions we hear most
Can we use one lawyer for both of us?
Generally no. Missouri’s ethics rules treat divorcing spouses as parties with potentially conflicting interests, so one attorney cannot represent both. The usual arrangement is that one spouse hires us to prepare everything and the other spouse reviews and signs, either on their own or with independent advice. That still counts as uncontested.
Can we have an uncontested divorce with children?
Yes. The agreement has to include a complete parenting plan and a child support calculation on the Missouri worksheet, and both parents complete a parent education program. The court reviews the plan for the children’s best interests, and typically approves a plan both parents have signed when it is complete and reasonable.
Do we have to appear in court?
Often not. Many St. Louis area courts will enter the judgment on the signed agreement and affidavits without a hearing. Where a judge wants a brief appearance, it is typically a few minutes of confirming the agreement under oath. We tell you what your assigned court expects.
What if we start out agreeing and then disagree on something?
It happens, usually over one or two items rather than the whole case. Mediation is often the fastest way to settle the remaining points and keep the case uncontested. If the dispute cannot be resolved, the case proceeds as a contested divorce on those issues only, and the terms you already agreed on usually stand.
Can the divorce be uncontested if we own a house or retirement accounts?
Yes. Property makes the agreement longer, not contested. The settlement spells out who keeps the house and how the other spouse is paid for their share, how retirement accounts are divided (a QDRO may be needed for a 401(k) or pension), and who takes which debts. As long as you both agree on those terms, the case stays uncontested.
You already did the hard part. Let us finish it cleanly.
If you and your spouse are ready for an uncontested divorce in St. Louis, call or reach out online to schedule a confidential consultation. We will confirm the agreement, quote the flat fee, and tell you exactly what to bring.
This page provides general information and is not legal advice. Every case is different, and outcomes depend on specific facts and circumstances. Part of our St. Louis divorce practice. See all family law practice areas.