In Missouri, an uncontested divorce, where you and your spouse agree on all terms, typically takes 60 to 90 days to finalize after filing, according to our experience. A contested divorce, where you disagree on issues like property or custody, could take between six months and a year, and sometimes longer.
The timeline is shaped by specific legal stages, Missouri’s mandatory 30-day waiting period, and key disagreements that must be resolved.
If you have questions about your specific situation and what your divorce timeline might look like, call Martin Law Group at (913) 764-9700.
The Baseline Timeline: Steps in an Uncontested Divorce
Step 1: Filing the Petition for Dissolution of Marriage
This is the official start. One spouse, the “Petitioner,” files a petition with the circuit court in the county where one of you resides, as required by Missouri law. This petition states that the marriage is “irretrievably broken.”
Step 2: Serving the Papers
The other spouse, the “Respondent,” must be formally notified. Even in an amicable divorce, this formal service of process is a required step. The Respondent signs a document called an “Entry of Appearance and Waiver of Service” to speed this up, which is common in uncontested cases.
Step 3: The Mandatory Waiting Period
Missouri Revised Statutes § 452.305 mandates that a judge may not finalize a divorce until at least 30 days have passed since the petition was filed. This cooling-off period is built into every divorce, with no exceptions.
Step 4: Submitting the Settlement Agreement
This is the core document of your uncontested divorce. It’s a legally binding contract that details your agreement on all issues, from how you’ll divide your retirement accounts to which parent has the children on holidays. We draft this to ensure it is thorough and compliant with Missouri law, preventing future disputes that could bring you back to court.
Step 5: The Final Hearing and Judgment
After the 30-day period, the court will review your agreement. In many uncontested cases, a brief hearing is required where a judge will ask a few simple questions to confirm you both understand and voluntarily agree to the terms. Once the judge signs the Judgment of Dissolution of Marriage, you are legally divorced.
The In-Depth Timeline: Navigating a Contested Missouri Divorce
Phase 1: Filing and Initial Responses (First 30-60 Days)
- The Petition and Service: Just like an uncontested case, it begins with filing a petition. However, instead of the other party simply agreeing, they must be formally served by a sheriff or private process server.
- The Respondent’s Answer: Once served, the Respondent has 30 days to file a legal “Answer” with the court. If they fail to respond, you may seek a default judgment. If they do respond, their Answer will outline which points from the petition they agree with and which they dispute. This officially makes the divorce “contested” and sets the stage for the next phases.
Phase 2: The Discovery Process (Takes 3–6 Months or More)
What is “Discovery”?
This is the longest and frequently most contentious phase. Discovery is a formal legal process where you and your spouse exchange all information and evidence relevant to the issues in your divorce.
Why does it take so long?
Its purpose is to ensure both sides have all the facts before negotiating or going to trial. Think of it as putting all the cards on the table. There must be no secrets about finances or assets. Delays are common, especially if one party is not cooperative in producing documents. It includes several key tools:
- Interrogatories: These are written questions one party sends to the other, which must be answered completely and under oath.
- Requests for Production of Documents: These are formal requests for financial records like bank statements, tax returns, property deeds, retirement account statements, and other important papers.
- Depositions: This is out-of-court testimony where one party’s attorney questions the other party or a relevant witness (like a financial expert) under oath, with a court reporter transcribing everything that is said.
Our firm manages the entire discovery process, from drafting precise and comprehensive requests to analyzing the documents we receive. If the other side fails to provide what is required, we use the court system to compel them to respond, ensuring we gather all necessary information while holding the other side accountable to deadlines.
Phase 3: Temporary Orders and Mediation (Occurs During Discovery)
What if you need decisions made now?
Life does not stop while the divorce is pending. You may need the court to issue temporary orders for child custody, child support, spousal support, or who gets to stay in the family home. In such situations, consulting a family law attorney can help you file the necessary motions and prepare for the court hearing.
Is mediation required?
Many Missouri courts will order you and your spouse to attend mediation to try and resolve your disagreements with the help of a neutral third party. Mediation is an effective way to settle a case without the expense and stress of a trial.
Phase 4: Negotiations and Settlement (Takes 1–3 Months)
Once discovery is complete, both sides have a clear and detailed picture of the marital estate and other issues. This is when serious negotiations happen. Your attorney and your spouse’s attorney will attempt to hammer out a settlement agreement.
Our divorce attorneys use the information gathered during discovery to build a strong case for your desired outcome. We negotiate from a position of strength, armed with facts and evidence. The goal is always to reach a settlement agreement that protects your financial future and parental rights without the need for a trial.
Phase 5: Trial (If No Settlement is Reached)
If all attempts at negotiation and mediation fail, your case will be set for trial. A judge will hear evidence and testimony from both sides and then make the final, binding decisions on every disputed issue. Simply getting a date on the court’s busy calendar takes time, and preparing for trial is an intensive process. Going to trial adds several more months to the overall divorce timeline.
What Key Factors Lengthen Your Missouri Divorce Timeline?
Beyond the formal legal steps, certain life circumstances inherently add difficulty and time to the process.
Having Minor Children
Disputes over child custody, creating detailed parenting plans, and determining decision-making authority for education or healthcare are deeply emotional and difficult to resolve. The court will always prioritize the “best interests of the child,” a standard that requires careful consideration of many factors. This sometimes involves evaluations by child specialists or the appointment of a Guardian ad Litem, an attorney who represents the children’s interests, all of which adds time.
Complex Financial Assets
- Business Ownership: Valuing a business is a complicated process that requires hiring forensic accountants or business valuators to determine its true worth.
- Hidden Assets: If you suspect your spouse is hiding assets or being dishonest about their income, we will need to use the tools of discovery, such as subpoenas and depositions, to uncover the full financial picture. This investigation is a time-consuming but necessary endeavor.
- Significant Debt or Property: Even without conflict, simply having a large number of assets and debts to catalogue, value, and divide properly takes significant time and attention to detail.
A High-Conflict Spouse
An uncooperative or unreasonable spouse intentionally drags out the process. This happens by them refusing to provide documents in a timely manner, ignoring court deadlines, filing frivolous motions, or simply refusing to negotiate fairly. Our role in such a situation is to use the legal system’s rules and procedures to compel cooperation, seek sanctions from the court for delays, and keep the case moving forward as efficiently as possible.
Court and Docket Backlogs
The court’s own schedule is a factor you cannot control. Some judicial circuits in Missouri have heavier caseloads than others. This means it may simply take longer to get hearing dates or a final trial date on the judge’s calendar.
Missouri Divorce Timeline FAQs
Does Missouri really have a 90-day residency requirement?
Yes. State law requires that at least one of the spouses has lived in Missouri for 90 days immediately before filing the Petition for Dissolution of Marriage.
Can we still get an uncontested divorce if we disagree on one small thing?
No. To be truly uncontested, you must be in complete agreement on everything. However, a single disagreement does not automatically mean a year-long court battle. We often resolve that one sticking point through focused negotiation or mediation, allowing you to finalize the divorce with a comprehensive settlement agreement rather than proceeding to a full-blown contested trial.
Does it matter which county in Missouri I file in?
Yes, you must file in the circuit court of the county where either you or your spouse resides. While the law is the same statewide, timelines vary slightly between counties based on the caseload and internal procedures of the local court.
Gaining Clarity for the Path Ahead
You are likely worried about your future being stuck in limbo. But you do not have to face this process alone. Regain control by learning the steps, understanding potential delays, and having a clear strategy.
Let us help you understand your options and build a plan for the most efficient path possible under your specific circumstances.
For a clear assessment of your situation, call the Martin Law Group today at (913) 764-9700.