If you’re getting divorced, you’ll have plenty of choices to make, including what kind of divorce process you’d prefer. Missouri law recognizes several ways to end a marriage, each with its own process and considerations. Knowing the differences makes it easier to choose the path that fits your needs.
Missouri’s Modified No-Fault Rule
First, you should know that Missouri is a modified no-fault divorce state. No-fault divorce means you don’t have to prove your spouse did something wrong to dissolve your marriage. You only need to state that the marriage is “irretrievably broken” and that there’s no reasonable likelihood of reconciliation.
However, fault can still affect your divorce. If one spouse doesn’t want to divorce, the other spouse may need to show grounds such as adultery, abandonment, or abuse—otherwise, the court may declare that the marriage can be saved and grant legal separation instead.
Contested vs. Uncontested Divorce
Another distinction is whether the divorce is contested or uncontested. In an uncontested divorce, you and your spouse agree on all major issues (typically property division, child custody, child support, and spousal maintenance). Because there are no disputes for the judge to resolve, uncontested cases usually move faster and cost less.
A contested divorce happens when you and your spouse can’t agree on some or all of the issues, or when your spouse doesn’t want to divorce at all. In these cases, the court is more involved in the outcome. Contested divorces typically take longer and require more court appearances.
Mediated Divorce
Fortunately, you don’t have to fight every issue in court, even if you disagree on some things. Mediation offers a middle ground between contested and uncontested divorce. Instead of arguing in court, you and your spouse work with a neutral, third-party mediator to reach agreements on things like property division and support. Missouri courts often encourage mediation. It helps reduce conflict and allows you to come to an agreement, rather than leaving the final disposition to the judge. If mediation fails, the case proceeds as a contested divorce.
Mediated divorce can save time and money, but it requires both spouses to participate in good faith. It’s not a good option if your spouse is abusive or refuses to compromise.
Collaborative Divorce
Collaborative divorce also focuses on problem-solving rather than litigation. Both spouses hire attorneys trained in collaborative law and agree to resolve disputes outside the courtroom. Everyone signs a participation agreement promising not to go to trial. Instead, meetings are held with attorneys and sometimes financial advisors or mental health professionals to work through the issues.
Collaborative divorce is a good option if you and your spouse want to maintain control over the process and avoid litigation. However, if the process breaks down, you’ll need to start over with new attorneys in traditional divorce proceedings.
Default Divorce
If your spouse doesn’t respond after being served with divorce papers, you may be able to get a default divorce. If your spouse fails to answer within 30 days, the court can move forward without their participation. Default divorces may simplify the process, but you must still present evidence to show your proposed terms are fair and legal.
Legal Separation Instead of Divorce
Some couples choose legal separation rather than divorce. Legal separation doesn’t dissolve the marriage. Instead, the court can issue orders for property division, custody, support, and maintenance. This option may appeal to couples who want time apart without fully ending the marriage, often for religious, financial, or personal reasons. Legal separation can later be converted into a divorce if you can’t reconcile.
The Law Office of Amy L. Gervich Can Help You Choose Your Divorce Process
Divorce is a major decision, and choosing the right type is important. The Law Office of Amy L. Gervich has extensive experience helping clients through Missouri divorces. Contact our office today for a consultation.
