Divorce FAQ’s

1 January

Divorce FAQ’s

Filing for divorce whether a contested or uncontested divorce is never easy. However, if it is a step that needs to be taken, it is important to understand the divorce process as much as possible. Here are some of the most common questions regarding divorce in Missouri: 

How Do I Get Divorced in Missouri 

In order to dissolve your marriage, you will have to complete and file what is known as a petition for dissolution. This is a legal document that is meant to give the court information regarding who you are, who your husband or wife is, and the location you were originally married in. This document may also ask you various questions regarding your current marriage situation. In some countries, a Family Court Information Sheet may also be required. After this is done, a “summons,” is given by the court to your spouse, telling them that a divorce case has been filed, and giving them a copy of the necessary documents. In order for your divorce papers to be filed, you must pay a filing fee. This amount will vary and is set by your local county circuit court. If you are planning to hire a lawyer, you need to ensure that this lawyer is licensed to practice law in your county and that they know the time frames for filing the necessary papers for your case.

Where Should My Case be Filed? 

A contested or uncontested divorce case should be filed in the county where you or your spouse lives. 

What Happens if My Spouse Does Not Answer the Petition? 

If a spouse fails to answer a petition, they will be in default. Most of the time, this means that the spouse that filed the case will be granted the dissolution in accordance with the terms that the spouse had set in the petition. However, a judge will refuse to enter a money judgment against your spouse if they default. The court is also likely to not send the other spouse into default if that spouse can prove they had good cause in delaying their response. 

Is Missouri a “No-Fault” Divorce State?

Missouri does allow no-fault divorces. In a no-fault divorce, a spouse simply makes a claim that the marriage is broken beyond repair and has no chance of being saved. This statement means that the couple no longer is able to get along or make their marriage work, but places no blame or fault on either party. This typically leads to a cheaper, faster divorce.

How do I File My Case if I Can’t Find My Spouse?

If you are in a situation where you do not know where your spouse is currently residing, you need to file your case in the county where you are living. Then, your spouse can be served through alternative means. Additionally, you may hire a private investigator who can help you to locate them.

Divorce Attorneys at Flesner Wentzel

While these are some of the most common questions surrounding divorce in Missouri, this list is far from complete. Divorce is a complicated and confusing time, and our attorneys understand that. We will be happy to answer questions about uncontested divorce and more. Contact Flesner Wentzel for a FREE consultation with a divorce attorney. Call our office at 636-317-5582. Se habla Español

The St. Charles family law divorce lawyers of Flesner Wentzel at 636-317-5582. Se habla Español.


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