Non-contested Divorces
If you file your divorce without an attorney, you are considered pro se (pronounced pro say). The State of Missouri set up very specific forms that you need to use if you intend to file an uncontested divorce on your own. You can find the forms by visiting www.selfrepresent.mo.gov.
However, many people find it easier to hire an attorney, even when the matter is non-contested. As attorney's fees are largely determined by the amount of time spent resolving disagreements, these matters are frequently the least costly way of getting a divorce.
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.
Your Petition must be on file for 30 days before the court can grant your divorce. After the expiration of 30 days, you can contact the clerk about having your case set for a trial. If you have children, you must attend a parental education class before your case can be finalized. Your county clerk will have information about the required class and how to register.
You will need to set your case for an uncontested hearing in front of a family court judge before the judge will sign off on the order of divorce. The clerk’s office will assist you in scheduling the hearing. You will need to provide notice of the hearing date to your spouse. Some counties will provide you with a script to read to the judge when you testify. The following sample testimony provides a general guideline for divorce testimony.
Assuming you have filed everything correctly and the judge is satisfied with your evidence, the judge will sign off on your Judgment. You will need certified copies of the Judgment if you intend to change insurance coverage, beneficiary designations or your name. You may also need a certified copy to change over car titles. If you have agreed to divide a retirement account, you should contact the account administrator to determine what paperwork is needed.
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