The Cost Of A Contested Divorce In Missouri
A contested divorce is one in which the spouses are unable to come to an agreement on any or all of the terms of the divorce. The more hotly contested these issues are, the more expensive the divorce will be. Divorce attorneys generally have a retainer amount as well as an hourly fee. However, these amounts range from attorney to attorney, so the only way to get an accurate estimate is to get an accurate sense of how complicated your case will be and of the attorneys individual rates.
If there are shared children involved and custody will have to be determined, the divorce is likely to cost 50% more than it would otherwise. Custody and visitation issues can be difficult to litigate and may require costly expert reports or testimony, such as a custody evaluation. Settling these issues before coming to court can result in significant cost savings.
Dealing With A Contested Divorce In Missouri
When filing a petition for dissolution of marriage in Missouri when it is contested, divorce lawyers often require a retainer. Once the filing fee is paid, that is usually considered part of the retainer. Generally, the lawyers retainer is around $3,500 but can be from $500 to $25,000 depending on the complexity of the divorce. After that, the average cost in MO for law advice, advocacy, and representation is about $200 an hour.
Uncontested divorces cost less than contested dissolutions with children or extensive property. If they go to trial, attorney fees can reach $17,000. This can be financially devastating.
Figuring everything out before a hearing can significantly reduce the overall costs, complicated separations with children or financial assets are generally said to be as much as 50% more costly than those without.
Regular property disputes are typically about the same as the average Missouri divorce, but when the disagreement requires a re-evaluation of property values, this can seriously increase the litigation costs.
Can My Spouse Avoid Child Support By Claiming That He Or She Is Unemployed
No. If a person is unemployed or underemployed, the courts in the Kansas City area can and usually will “impute,” or assign, an amount of income to that person, and require child support to be paid anyway. The court may be somewhat lenient in allowing the person time to become employed, but the position of almost every Kansas City area court is that a child requires financial support, and the parents must find income to satisfy the obligation.
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Is It Ok For Me To Leave The House If I Am Getting Divorced
With regard to the home itself, it is ok to leave the home during your divorce, as the spouse that moves out does not give up any marital interest, and it is not abandonment per se. However, if there are children involved, moving from the home can have a huge effect on the custody case, and no decision to move out should be made without first consulting with a divorce attorney.
How To File For Divorce In Missouri With No Money
The biggest expense in most divorce cases is legal fees that Missouri divorce lawyers charge. A retainer of $2,500-$5,000 and $250-$400 hourly are justifiable costs when finances, assets, and children are in the center of spousal disputes. However, why would you want to pay that much if you and your ex are in agreement?
To file for an uncontested divorce on your own, you need to:
In most cases, parents of minors and low-income individuals need to take additional steps to get divorced. County-specific requirements and the types of forms you file will also influence the process. You need to understand what factors to account for and what procedures to follow to finalize your marriage dissolution.
The cheapest way to get a divorce in Missouri is the one that allows you to save both time and money. A trusted online service with a low flat fee and strong guarantees is just the right option.
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What Are The Residency Requirements To File For Divorce In Missouri
The judge can grant you a divorce in Missouri, if s/he finds that:
1 MO ST § 452.305
Does Missouri Recognize Common
Although Missouri does not recognize Common-Law marriages as legal, the Full Faith and Credit Clause of the United States Constitution mandates the recognition of common-law couples who move to Missouri from states where common law marriage is the practice.
Missouri abolished common law marriage in 1921.
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If Attempts To Serve My Spouse Do Not Work What Is My Next Step
If you are not able to serve your spouse with the divorce paperwork, you may still obtain a divorce by publication. A public legal notice announcing your filing of the divorce will be placed in a legal newspaper for at least 30 days.
It is important to know that unless your spouse is personally served, the court cannot decide custody of the children, child support, or divide marital property. The court can only dissolve the marriage.
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Getting A Divorce Without A Lawyer
The main advantage of an agreed divorce compared to a contested one is that if the spouses can resolve all their disputes without court involvement, they can arrange their divorce without addressing a law firm and save money on legal fees.
Instead, they have a lot of alternatives to hiring an expensive attorney, such as seeking the help of a family law facilitator or divorce mediator. Mediation means that the parties discuss all the important questions like real estate, debts, property division, child custody, support, etc., guided by a neutral third party who facilitates their negotiations.
And if the spouses need help with completing the divorce paperwork, they can use cheap online divorce services. In particular, CompleteCase.com provides a fast way to prepare all the necessary divorce forms for a base fee of $299. Even though this website does not provide legal advice, it enables you to select and fill out your unique court forms following the state laws and civil procedure rules without a hassle and reducing divorce costs.
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Be Aware Of The Timeline
Uncontested divorces are typically faster than contested cases, but they still take time. Missouri has a waiting period of 30 days after filing before divorce can be granted. On top of that, failing to file any of the required forms will slow down the process. To save time, consult an attorney or have an online service file for you.
Divorce In Missouri: What Should I Do
For a more in-depth look into what you may need to do, check out our article on How to File for Divorce in Missouri.
If you find yourself about to go through the divorce process, Suddarth and Koor, LLC is here for you.
We are trained and certified mediators that have years of experience conducting negotiations in complex financial and emotional circumstances.
We understand that the decisions you make during a divorce will impact the rest of your life, and having the right team behind you can make all the difference.
You can contact us today for a free divorce consultation.
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Getting A Divorce With Children In Missouri
Child Custody
If the divorcing spouses have minor children, they should agree on the child-related issues out of court and draw up a Parenting Plan. In particular, they need to resolve physical custody and legal custody .
These types of child custody can apply to one parent or both parents or be combined depending on what would be in the child’s best interests.
Missouris courts are inclined to favor shared custody, but if the proposed Parenting Plan is fair and reasonable, the court can approve it, regardless of the type of custody arrangement.
However, if the spouses cannot reach an agreement, the court makes the relevant decisions after considering the following factors:
- the wishes of the parents and the child’s wishes regarding custody
- mental and physical health of all parties
- the child’s relationship with each parent
- each parent’s willingness and ability to cooperate with their ex-spouse in matters relating to the child
- and any other factors that the court may deem relevant
Child Support
Missouri Family Law states that both parents are responsible for supporting their kids until the age of 18. The Missouri courts use the Income Shares Model to determine the exact payment figures. This model includes various tables for calculating the amount of child support based on the number of minor children and the parentsâ total gross income.
Everything You Need To Know About Filing For Divorce In St Louis And Missouri
Filing for divorce in Missouri overview
Filing for divorce is an extremely difficult situation for everyone involved, no matter how poor the relationship, and if there are kids involved, it only makes the situation worse.
The divorce process can be a very simple one, but can also be extremely difficult. How smoothly the divorce goes depends on the amount of agreements and disagreements there are in split.
As divorce attorneys in St. Louis, Missouri, we have dealt with a wide range of divorces and have seen the easiest separations and also some very difficult ones. Division of property, child custody, child support, alimony and a handful of other factors during dissolution of marriage process will have a huge baring on how quickly, expensive, and smoothly the divorce process goes.
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Handling A Collaborative Divorce In Missouri
Often, a collaborative divorce in Missouri is the best option. Although it is not always easy for a family to navigate, it is best for children and less expensive overall.
Collaborative divorce takes at least 90 days, but its usually closer to 120 days for the entire procedure. It typically works similar to this:
- You provide a list of assets and debts
- The law firm takes about a week to ten business days to get the divorce papers prepared.
- Then, there is a 30-day period after the divorce forms are filed in court.
- After 30 days, the court will request approval of your divorce.
- After 31 days, the court will approve your divorce.
- In a collaborative divorce, you usually will not need to go to court to finish the process.
Although it may seem to simplify a collaborative divorce to share an attorney, unfortunately, thats not usually a good idea. However, if both parties agree on everything, a single attorney can prepare the paperwork. Then, the respondent can either agree to the draft or seek their own divorce lawyer to review the paperwork.
Keep in mind that the original law firm is representing the filing party and will not provide advocacy to the other spouse. Because of this, it often benefits the respondent to retain their own counsel.
Can I Request A Mental Exam As Part Of A Missouri Divorce Or Custody Action
Yes, a mental exam may be ordered during a divorce or custody proceeding, but Missouri courts do not take these requests lightly. There must be a compelling reason to ask for a mental exam, and a party’s mental health must be at issue to begin with. Many times, if a request for mental exam comes up, the court will order both spouses to undergo the exams.
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Can I File For Divorce In Missouri Without Using A Lawyer
In some instances, you can file for divorce without using a lawyer.
You dont have to hire an attorney to file for an uncontested divorce in Missouri. If you file your divorce without an attorney, you are considered pro se .
The forms are designed for uncontested divorces, meaning both parties agree all issues regarding property and debt division and, if relevant, child support, custody and visitation.
Another way to avoid using a lawyer while going through a divorce in Missouri is through the use of a mediator, as long as both you and your spouse agree on this option. Over the course of one or more sessions, a mediator will review financial documents, forms and worksheets as part of a discovery process and then guide you and your spouse through a series of discussions about the outstanding issues, attempting to peacefully resolve things such as child support and custody, alimony and a division of assets.
Once these issues are resolved, a mediator will draft a Memorandum of Understanding and you will file this document with the court as part of your divorce process. Going this route saves time, money and stress in most cases.
How Much Does A Divorce Cost With A Lawyer
The cost of getting divorcedutilizing the services of a lawyervaries from several thousand to many thousands of dollars. Lawyers often charge by the hour, but fees vary depending on where you live. For example, a divorce in New York City will cost more than a divorce in Vermont. Hourly rates can vary from several hundred dollars to more than $500.
You can substantially reduce costs, even if you use a lawyer, if you use the lawyer for only part of your case. Unbundled legal services occur when you use a lawyer for just part of your divorce. Also known as limited scope representation, this allows you to decide what part of the divorce you want your lawyer to handle.
Keep in mind that lawyers charge for:
- Preparing for depositions and discovery
- Preparing and reviewing papers
If you’re using a lawyer just for reviewing documents, you will cut thousands of dollars from your bill. You can also agree with your lawyer that you’ll only pay for some services and not others. For example, you can agree to pay for preparing and reviewing papers, but not for phone calls and emails.
The cost goes up considerably, from several to many thousands of dollars, if you have a hearing or trial. Sometimes trials require the expense of several expert witnesses. This is why most divorces end up settling, as trials are often too expensive.
Costs also increase if you have children, because custody, visitation, and child support are additional issues you must resolve.
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What Is No Fault Divorce In Missouri
Missouri is a modified no-fault divorce state. This means that fault or misconduct does not need to be proven to get the divorce itself. The only proof must be that the marriage is “irretrievably broken.” However, this does not mean that misconduct is not relevant. A spouse’s “fault” or misconduct during the marriage can be a factor supporting an unequal division of property in favor of one party, the award of attorney fees, or indirectly, the amount of spousal maintenance.
Preparing Missouri’s Divorce Papers
You can download the court-approved divorce forms and instructions from the Dissolution of Marriage page on the Missouri Courts website. These forms are designed only for couples who are filing for an uncontested divorce.
As the one who’s starting the divorce process, you’re the “petitioner.” Your spouse is the “respondent.” The main forms that you’ll need to complete include:
- Petition for Dissolution of Marriage, which asks for information about you and your spouse , your marriage, your children, and the orders you want included in your divorce judgment
- Certificate of Dissolution of Marriage
- Filing Information Sheet
- Statement of Income and Expenses
- Statement of Property and Debt and Proposed Separation Agreement, and
- Judgment and Decree of Dissolution of Marriage.
You may ask your spouse to complete the Respondent’s Answer to Petition for Dissolution of Marriage. Then, when you file that document along with your petition, you’ll be able to skip some steps in the divorce process .
Make sure that you and your spouse also have the completion certificates from the Litigant Awareness Program, which you’ll have to file along with the rest of the divorce paperwork.
It’s a good idea to check with the court clerk’s office where you’ll be filing the divorce papers to see if the local district requires any additional forms.
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Cost Of Divorce In Missouri
Regardless of your type of divorce, charges will always be connected with submitting papers and obtaining services. These costs can range anywhere from zero to several hundred dollars.
The cost of an Uncontested Divorce in Missouri can range anywhere from $1,000 to $2,000 on average.
Regarding Contested Divorces, attorneys in Missouri often need a retainer. The initial retainer cost for an attorney is usually in the range of $3,500. This figure can range anywhere from $500 to $25,000. The amount you pay depends on the attorneys popularity and success and how difficult the divorce is to navigate.
The fees for filing paperwork in Missouri can range from $100 to $200 on average, but it all depends on the county. On average, the sheriffs service fee is from $15 to $25 when delivering divorce papers.