In Missouri, the average cost of a divorce is approximately $13,500, according to USA Today. The final cost depends almost entirely on one factor: the level of agreement between you and your spouse.
An uncontested divorce, where both parties agree on all major issues, may cost between $1,000 and $2,500. In contrast, a contested divorce involving disputes over property or child custody ranges from $4,000 to over $15,000, and in some high-conflict cases, upwards of $29,000.
The difference between those figures lies in conflict. Conflict requires more time, more paperwork, and more court appearances, all of which increase costs.
If you have a question about your specific situation, call Martin Law Group at (913) 764-9700.
The Two Paths of a Missouri Divorce: Why Agreement Is the Biggest Factor in Your Final Cost
What Does “Uncontested Divorce” Mean in Missouri?
This is the most direct and cost-effective route to dissolving a marriage. It means you and your spouse have reached a complete agreement on all relevant issues before the case is finalized. Because the court’s involvement is minimal, an uncontested divorce significantly reduces attorney hours and eliminates the need for expensive litigation.
These issues include:
- Property and Debt Division: How all marital assets (homes, cars, bank accounts) and liabilities (mortgages, credit card debt) will be split.
- Child Custody and Parenting Time: A detailed plan outlining where the children will live and how decisions about their upbringing will be made.
- Child Support: The financial support for the children, calculated based on state guidelines.
- Spousal Support (Maintenance): Whether one spouse will provide financial support to the other and for how long. Missouri law, specifically RSMo § 452.335, outlines the factors a court considers for this determination.
Why Does a “Contested Divorce” Cost So Much More?
A contested divorce arises when you and your spouse cannot agree on one or more of the issues listed above. Each point of disagreement requires your divorce attorney to spend time (and therefore, your resources) on tasks that are unnecessary in an amicable split.
Each dispute requires your attorney to spend time on tasks like:
- Discovery: This is a formal process of gathering financial documents, statements, and other evidence from your spouse to get a full picture of the marital estate.
- Negotiations: Your legal team will communicate back and forth with your spouse’s attorney, trying to find middle ground and reach a settlement.
- Motions and Court Hearings: If disputes arise during the process, your attorney may need to file legal arguments (motions) with the court and attend hearings to get a judge’s ruling.
- Trial Preparation: If no agreement is reached on some or all issues, the case must be prepared for trial, where a judge will hear evidence and make the final decisions. This is the most expensive phase of any divorce.
A Line-by-Line Breakdown of Divorce Expenses in Missouri
Court Filing Fees
This is the initial cost to open your case with the circuit court. In Missouri, filing fees generally range from $150 to $250. The exact amount varies by county and may be slightly higher if you have minor children involved in the case.
Service Fees
After filing, your spouse must be formally notified with the divorce papers. This legal notification is called “service of process.” Using the local sheriff’s department or a private process server to deliver these documents typically costs $25 or more.
Attorney’s Fees
This is the largest expense in most divorces. Most family law attorneys in Missouri work on an hourly basis. Hourly rates commonly range from $200 to $500, depending on the attorney’s experience and the difficulty of your case. You will likely be asked to pay an initial “retainer,” which is a lump sum paid upfront. The attorney bills their time against this retainer and will ask you to replenish it if the funds are used.
Parenting Class Fees
In cases involving minor children, many Missouri counties require both parents to attend a parenting class. These courses are designed to help parents and children cope with the changes brought on by divorce. The cost for these classes is usually modest, typically between $25 and $75.
Expert Witness Fees (For Contested Cases)
If you and your spouse cannot agree on certain difficult issues, outside experts may be needed to provide objective opinions to the court. These fees add thousands of dollars to your total cost and are almost exclusively found in contested cases.
Examples include:
- Forensic Accountants: To find hidden assets, untangle difficult financial records, or value a business.
- Real Estate Appraisers: To determine the fair market value of a marital home or other properties.
- Custody Evaluators: A neutral professional who conducts an in-depth investigation and makes a recommendation to the court about the best parenting arrangement for your children.
Beyond Legal Fees: What Are the Hidden Financial Impacts of a Missouri Divorce?
Dividing Retirement Accounts
Pensions, 401(k)s, and IRAs accumulated during the marriage are considered marital property subject to division. Dividing them isn’t as simple as withdrawing cash; that would trigger massive tax penalties. It requires a special court order called a Qualified Domestic Relations Order (QDRO). Preparing a QDRO involves its own costs and requires careful handling by a professional to ensure it is done correctly and shields you from negative tax consequences.
The Marital Home
For many, the biggest question is who keeps the house. If you do, can you realistically afford the mortgage, property taxes, insurance, and upkeep on a single income? You will likely need to refinance the mortgage to remove your ex-spouse’s name from the loan, which comes with its own set of closing costs. If you decide to sell the home, you will have to account for realtor commissions and other sale-related expenses, which reduce the final profit you both will split.
Health Insurance
If you are currently on your spouse’s employer-sponsored health insurance plan, you will lose that coverage once the divorce is final. Securing a new plan, either through your own employer or on the public marketplace, is a significant new monthly expense that must be factored into your post-divorce budget.
Tax Implications
Your life changes, and so does your tax situation. Your filing status will change from “married” to “single” or “head of household.” This change alone affects your tax bracket.
Furthermore, you and your ex-spouse must decide who will claim the children as dependents, which has a direct impact on tax credits and deductions. How spousal support and property division are structured also creates tax consequences down the road, making professional advice in this area particularly valuable.
Frequently Asked Questions About Missouri Divorce Costs
Can I make my spouse pay my attorney’s fees?
In some cases, yes. A Missouri court may order one spouse to contribute to the other’s attorney fees. This is not automatic and depends on various factors, including the financial situation of each spouse and their conduct during the case. The court’s goal is to ensure both parties have access to legal representation.
Is a divorce cheaper if we don’t have children?
Generally, yes. Divorces without minor children are typically simpler because there are no issues of child custody, parenting time, or child support to resolve. Divorces involving children in Missouri cost nearly 50% more on average than those without. Fewer issues typically mean a faster, less expensive process.
Protecting Your Financial Future Is the Goal
The goal is to find the most effective option: a path that resolves your marriage fairly without destroying the financial foundation you need to start your next chapter.
You do not have to figure this out alone. If you are ready to understand your options and create a clear plan for your future, call the Martin Law Group at (913) 764-9700.