Why Some Divorces Go to Court — and How to Prepare for Yours

Common Reasons Divorces Go to Court in Missouri

While Missouri is a no-fault divorce state, meaning you don’t need to prove wrongdoing to end your marriage, several circumstances may necessitate court intervention:

1. Disagreement Over Whether the Marriage is “Irretrievably Broken” – In Missouri, a court must find that the marriage is “irretrievably broken” with “no reasonable likelihood that the marriage can be preserved.” If your spouse denies this and the court agrees, litigation becomes necessary. In some cases, the court might initially grant a legal separation instead of a divorce.
2. Complex Property Division – When couples own substantial marital property and cannot agree on division, the court process becomes more involved. This is especially true when appraisers and other professionals must be retained to value assets. Business interests, retirement accounts, and real estate often require careful evaluation and can become contentious issues.
3. Child Custody Disputes – Few divorce matters are more emotionally charged than disagreements over child custody. When there are allegations of child neglect or abuse, the court may appoint a guardian ad litem to represent the child’s interests, adding another layer to the proceedings.
4. Spousal Support (Maintenance) Conflicts – Missouri courts may grant maintenance if they find that the spouse seeking support lacks sufficient property to provide for their reasonable needs and is unable to support themselves through appropriate employment. Disagreements about the amount or duration of maintenance often require judicial resolution.
5. Allegations of Marital Misconduct – When one or both parties are accused of marital misconduct, such as adultery or abuse, this can affect property division or spousal maintenance decisions. Such allegations frequently lead to contested hearings.
6. Power Imbalance or Safety Concerns – Domestic violence, mental health issues, or significant power imbalances may make equitable negotiations impossible, necessitating court intervention. In these situations, the court provides a structured environment where both parties can be heard.
7. Bad Faith Negotiations – A trial may be necessary if your spouse refuses to negotiate honestly and fairly. Some individuals deliberately prolong proceedings or hide assets, making court oversight essential.

How to Prepare for a Court Divorce in Missouri

1. Hire an Experienced St. Louis Divorce Attorney
   • It is strongly recommended that you hire an experienced divorce attorney to represent you. If you choose to represent yourself, you will undoubtedly be at a disadvantage in settlement negotiations and in the courtroom. A knowledgeable attorney familiar with St. Louis family courts can make an enormous difference in your case outcome.
2. Gather and Organize Financial Documentation
   • Tax returns for the past 3-5 years
   • Bank and investment account statements
   • Retirement account information
   • Mortgage and loan documents
   • Credit card statements
   • Pay stubs and employment information
   • Business records (if applicable)
   • Documentation of valuable assets
3. Document Parenting Responsibilities – If Children are Involved
   • Your involvement in day-to-day childcare
   • School activities and communications
   • Medical appointments and healthcare decisions
   • Extracurricular activities
   • Special family traditions you maintain
4. Prepare a Realistic Budget
   • Create a detailed post-divorce budget that reflects your actual living expenses. This will help inform decisions about property division and support needs, and demonstrate to the court that you’ve considered your financial situation carefully.
5. Consider Your Priorities and Potential Compromises
   • Identify what matters most to you in the divorce outcome, and where you might be willing to compromise. Being clear about your priorities helps your attorney develop an effective strategy.
6. Maintain Your Composure
   • Courts pay attention to behavior during proceedings. Remain respectful and composed, even during challenging testimony. Avoid posting about your divorce on social media, as it can be used as evidence.
7. Complete Required Parent Education
   • Missouri courts require divorcing parents to attend a court-sponsored Parent Education Program. Both parties must provide a certificate of program completion within 45 days of filing or receiving the divorce petition.

A Better Future Starts with the Right Representation

While courtroom trials can be intimidating, they are sometimes necessary to ensure a fair outcome. With the right preparation and legal support, you can navigate the process with confidence.

At The Betz Law Firm, we combine in-depth knowledge of Missouri family law with a compassionate, client-first approach. Whether your divorce is resolved in mediation or the courtroom, we’re here to guide and protect you every step of the way.