Uncontested divorces, also referred to as non-contested divorces or “non cons”, are cases where a married couple enters into the divorce process already in agreement as to all basic aspects of their settlement. Therefore, they must have a good idea of how they will divide each of their assets including real property, vehicles, bank accounts, investments, retirement accounts and business interests, etc. Likewise, they will need to have considered their debts including mortgages, credit cards, and loans, etc. If they have children, then details such as weekly parenting time, summer vacation and holidays will also be at issue. Finally, financial support of the children in terms of expense sharing, insurance coverage, and general child support will need to be defined. They may not have discussed every minute detail and may not even be aware of all the details they will have to settle upon, but they are committed to working together on any fine points that may come up.

In truth, the basic process of an uncontested divorce is the same as a contested divorce in that there will be one party who files (the Petitioner) and one who responds (the Respondent). The case will conclude with all the same paperwork: 1) Judgment of Dissolution of Marriage, 2) Settlement Agreement, and 3) Parenting Plan. The difference is that all the costly and time consuming fighting, negotiating, and evidence collecting is forgone. So, it’s a bit like watching the beginning of a movie and then fast forwarding to the final 10 minutes. However, under Missouri law no final Judgment of divorce can be entered until 30 days have elapsed since filing. This waiting period ensures that couples don’t impulsively obtain a divorce after a relatively minor dispute. So, the absolute quickest you can obtain a divorce would be 31 days, but keep in mind that your attorney will need some time to obtain information, prepare documents, obtain signatures, and file. Then, it may be a few days before the Judge reviews and enters your Judgment. In most Missouri Courts, no appearance is required. However, a few more traditionally-minded Judges may require a brief appearance on the day he or she signs off on the final documents. In any event, a non-contested case is much quicker and less costly than even a mildly contested case.

Couples will often use one attorney to handle their case, but the attorney can only formally represent ONE of the parties. The other party will officially represent themselves. This means the attorney can only offer advice (ie – you should do this or don’t do that) to the represented party. However, the attorney can meet with both parties, explain the entire process to both parties, explain how the agreements will work, and prepare/file all documents for both parties. The attorney must be very careful not to provide legal advice or to influence the unrepresented party during the process. This is why it is important that the parties begin the process in agreement and remain in agreement. In fact, if disagreements arise during the process, even on just one issue, the case becomes contested and the attorney must advise the unrepresented party to seek their own representation. Often it is ethically necessary for the attorney to withdraw entirely and allow both parties to continue the case with new representation.

It’s important to consider the costs versus the benefits. Are there enough issues in your case to make it worth fighting through a contested case? Are you about to spend $5,000 in attorney’s fees just to save $5,000 of assets?

If you’re considering your options and would like more information on uncontested divorces, call, email or message us today for a 100% free and confidential consultation. We’re here to help!