A mutual divorce is the easiest way to legally and amicably part ways with your spouse. It is still a process, and knowing what is involved helps spouses reach their goals smoothly. Our uncontested divorce checklist is a good place to start. You may also have some questions about uncontested divorce on your mind.
Below are answers to some of the most common questions we receive from clients. If you have more queries or do not see your questions answered below, feel free to contact our law firm at 636-946-4343 or reach out through our contact form. As your Missouri uncontested divorce experts, we look forward to helping you with all your questions.
Answers to Common Uncontested Divorce Questions
1. Do my spouse and I both need our own attorney?
No. One attorney can draft all necessary paperwork and finalize the case in a truly uncontested divorce. This is more of a question for your spouse regarding their comfort level with the situation. I cannot provide dual representation in this matter — even if both parties are amicable to that idea. I also cannot provide mediation services and then prepare the paperwork. I can only represent one party and I can only provide legal advice to one party. Your spouse is welcome to speak with or hire another attorney to provide legal advice, review proposed documents drafted by my office, or provide general legal counsel.
2. My spouse and I are not on speaking terms. Can we still do an uncontested divorce?
We can attempt an uncontested divorce. I would be happy to meet with you to work on a settlement offer that you find acceptable and that your spouse may be likely to consider. All of the documents normally needed for an uncontested divorce would be drafted and mailed to your spouse with a letter explaining the situation for his/her review. It is possible that your spouse may refuse to sign or just ignore the proposal altogether. If it appears that your spouse does not want to participate in the uncontested divorce process, then we may discuss either postponing any further action or you may just proceed as a standard contested divorce case with another office.
3. What if I lost contact with my spouse and I don’t even know where they live?
You can still get your divorce or legal separation. The process, however, may be more involved, costly, and take more time than if your spouse were available to participate. To start, I would need your input with regard to your spouse’s last-known residence address and employer as well as your efforts to locate him or her. There would likely be a formal service of process attempt (about $60 per attempt) at the last-known address(es). If service is unsuccessful, we would need to then follow our efforts with publication of the divorce notice in a local legal newspaper (about $100 for 4 consecutive weeks). If both service and publication yield no response from your spouse, then the matter would be set for a default hearing, which you would be required to attend.
I charge an additional fee for the default hearing as it requires a further investment of time for schedule and attendance. Note that some money judgments cannot be entered against a defaulting party and you will need to be prepared to state your specific efforts to locate your spouse to the Judge at hearing.
4. What if I had a child with my spouse prior to the date of our marriage?
You can still get an uncontested divorce. I just incorporate the necessary language into your divorce pleadings. Generally, a separate action is no longer required to establish paternity with the court, and we can proceed as a typical uncontested divorce. I may need a copy of that child’s birth certificate for the court, and we may need to check the putative father registry with the State of Missouri.
5. What if my spouse or I had a child with another person during our marriage? What if the wife is pregnant now?
The court will generally not grant a divorce if the wife is pregnant. I can still represent you for a flat uncontested fee, but it would be higher than the stated rate and would have to be determined on a case-by-case basis. We will need the cooperation of your spouse and if applicable, the other parent. I would also need that child’s birth certificate as well as any other information regarding paternity or child support proceedings, if any, to file for uncontested divorce.
6. I thought my case would be uncontested, but now my spouse has changed their mind and refuses to cooperate or sign. Now what?
If their refusal is due to some minor changes they want, and you are okay with making, then we may be able to easily get back on track. Otherwise, you have a couple of options at this point. You may decide to hold off on taking any further action and close your file with my office. You can always pursue your divorce at a later time. However, I consider my fee to be earned in full once all uncontested divorce documents are drafted and approved by you for presentation to the other party. Another attorney fee may apply should you later reopen your case, depending upon the circumstances. You may decide to proceed with a standard/contested divorce. You are free to represent yourself or to hire another attorney to move forward with filing a standard or contested divorce.
Contact Us for More Uncontested Divorce Information
Still have questions about your divorce or how the process might work for you? We can help. Here are a couple of additional questions:
- What is an uncontested divorce?
- Can I file for uncontested divorce without an attorney?
- What is the best cheap divorce?
To learn more or get started working with our attorney on your case in St. Charles County, St. Louis County, Warren County, Pike County, Montgomery County, and Lincoln County, contact us online or by phone today.