Kansas City Divorce Lawyer

How much does a divorce lawyer cost in Missouri

​​The cost of a divorce lawyer in Missouri can vary widely depending on several factors, including the complexity of the case, the experience and reputation of the attorney, and the amount of time and resources required to resolve the divorce.

On average, divorce attorneys in Missouri might charge anywhere from $200 to $500 per hour. However, some attorneys may charge more or less than this range. Additionally, some attorneys may offer flat-fee arrangements for uncontested divorces or other straightforward cases.

In addition to hourly rates or flat fees, there may also be other costs associated with hiring a divorce attorney in Missouri. These could include court filing fees, costs for serving legal papers on the other party, and fees for expert witnesses or consultants if necessary.

The total cost of a divorce in Missouri will depend on the specific circumstances of your case. Uncontested divorces, where both parties agree on all terms, tend to be less expensive than contested divorces, where the parties cannot agree and require the court to make determinations on issues like property division, child custody, and spousal support.

The Law Office of Daniel E. Stuart, P.A. is a firm that can help individuals navigate the divorce process in Missouri. While I cannot provide specific details about this law firm due to a lack of information available to me as of my last training data in September 2023, law firms typically assist clients by providing legal advice, representing their interests in court, and helping to negotiate agreements with the other party.

If you are considering hiring the Law Office of Daniel E. Stuart, P.A. for your divorce case, it is important to schedule a consultation to discuss your specific situation and to get a better understanding of the potential costs involved. During a consultation, you can ask about the attorney’s experience, their approach to handling divorce cases, and their fees and billing practices. This information can help you make an informed decision about whether to hire the attorney and how to budget for the cost of your divorce.

What are the divorce laws in Missouri

Divorce laws in Missouri, like in other U.S. states, are designed to guide the process of ending a marriage and address issues such as property division, child custody, and spousal support. Below is an overview of some of the key aspects of divorce laws in Missouri:

Residency Requirement

To file for divorce in Missouri, at least one of the spouses must have been a resident of the state for a minimum of 90 days before filing.

Grounds for Divorce

Missouri is a no-fault divorce state, meaning that a spouse does not need to prove wrongdoing by the other spouse to obtain a divorce. Instead, one must only show that the marriage is “irretrievably broken” and that there is no likelihood that the marriage can be preserved. However, fault can still play a role in the division of property and the awarding of alimony.

Property Division

Missouri follows the “equitable distribution” principle when it comes to dividing marital property. This means that the court will divide marital assets and debts in a fair, but not necessarily equal, manner. Factors that the court may consider include the economic circumstances of each spouse, the contribution of each spouse to the acquisition of marital property, the value of each spouse’s non-marital property, the conduct of the parties during the marriage, and the custodial arrangements for minor children.

Child Custody

Missouri courts are guided by the best interests of the child when determining custody arrangements. Factors considered include the wishes of the child’s parents, the need for a stable home environment, the interaction and relationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests, and the mental and physical health of all individuals involved.

Spousal Support (Alimony)

The court may grant spousal support to either spouse, based on a consideration of factors such as the financial resources of the party seeking alimony, the time necessary for that party to acquire sufficient education or training to find appropriate employment, the standard of living established during the marriage, the duration of the marriage, and the age and physical and emotional condition of the spouse seeking alimony.

Child Support

Child support in Missouri is determined based on the income shares model, which considers the income of both parents and the needs of the child. The state has established child support guidelines to assist in calculating the appropriate amount of child support.

Waiting Period

There is a 30-day waiting period from the date of filing the divorce petition before the court can grant the divorce.

Legal Separation

Missouri law also provides for legal separation, which allows couples to live apart and make arrangements for property division, child custody, and support, without formally ending the marriage.

Understanding the specifics of Missouri divorce laws can be complex, and it is advisable to consult with a qualified divorce attorney to navigate the process and protect your rights.

Divorce Infographic

How long does it take to get a divorce if both parties agree in Missouri

If both parties agree on all the terms of the divorce, including issues like property division, child custody, and spousal support, the process can be relatively quick and straightforward in Missouri. This type of divorce is often referred to as an uncontested divorce.

Waiting Period

Missouri law requires a 30-day waiting period from the time the divorce petition is filed before the court can grant the divorce. This waiting period is mandatory, regardless of whether both parties agree on the terms of the divorce.

Additional Time Factors

Even in uncontested cases, the actual time it takes to finalize the divorce can vary based on several factors:

• Court Calendar: The availability of court dates can affect the timeline. If the court has a busy calendar, it might take longer to get a hearing date.
• Filing and Processing of Documents: The time it takes for the court to process the paperwork can also add to the timeline. Ensuring all documents are filled out correctly and submitted promptly can help expedite the process.
• Agreement and Paperwork: Both parties must come to an agreement on all terms and have this documented in a written settlement agreement. The speed at which this agreement is reached and finalized can impact the overall timeline.
• Legal Representation: Having attorneys who are experienced in family law and familiar with the local court system can also help expedite the process.

Typical Timeline for an Uncontested Divorce

While the 30-day waiting period is mandatory, an uncontested divorce in Missouri can often be finalized shortly after this waiting period, assuming all paperwork is in order and there are no issues with the court’s schedule. In many cases, an uncontested divorce can be finalized within 1-3 months from the date of filing.

It is important to note that even in an uncontested divorce, it is advisable to have legal representation to ensure that all legal requirements are met and that your rights are protected. An attorney can also help to ensure that the settlement agreement is fair and that all necessary paperwork is completed correctly and submitted in a timely manner.

FAQ:

Is Missouri a fifty-fifty state during a divorce? 

No, Missouri is not a community property state where marital assets are split 50/50 in a divorce. Instead, it follows the “equitable distribution” principle, meaning that marital property is divided in a fair and equitable manner, but not necessarily equally. The court considers various factors, such as the economic circumstances of each spouse, contributions to the marriage, and the value of non-marital property, to determine a fair distribution of assets.

Does Missouri require separation before divorce? 

Missouri does not require spouses to be legally separated for any specific period before filing for divorce. However, at least one of the spouses must have been a resident of the state for a minimum of 90 days before filing, and there is a 30-day waiting period from the filing date before the divorce can be finalized.

Does Missouri require marriage counseling before divorce? 

Missouri law does not mandate marriage counseling before a couple can get divorced. However, the court may order counseling if it believes there is a possibility of reconciliation, or if the spouses agree to counseling.

Does it matter who files for divorce first in Missouri? 

There is generally no significant advantage or disadvantage to being the first to file for divorce in Missouri. However, the spouse who files (the petitioner) has the opportunity to set the tone for the divorce proceedings and may have some control over the timing of the process. The responding spouse (the respondent) will have a specific time frame to respond to the divorce petition.

Who pays attorney fees in divorce in Missouri? 

Each party is typically responsible for their own attorney fees in a divorce in Missouri. However, the court has the discretion to order one party to pay all or a portion of the other party’s attorney fees, particularly if there is a significant disparity in the financial resources of the parties. Factors such as the conduct of the parties during the divorce proceedings can also influence the court’s decision on attorney fees.

Missouri Divorce Laws

Embarking on the path of divorce is never easy. Emotions run high, and the legal process can often feel overwhelming. For those in Missouri, it’s essential to understand the specific divorce laws that govern the state’s approach to this transition. By having clarity on the legal framework they’re operating under, individuals can approach divorce proceedings in Missouri with a more informed perspective.

No-Fault Divorce State

Missouri recognizes “no-fault” divorces, meaning that spouses don’t need to prove any wrongdoing by the other party to file for divorce. It’s enough to state that the marriage is irretrievably broken, and there’s no reasonable likelihood that it can be preserved.

Residency Requirements

To file for divorce in Missouri, at least one of the spouses must have been a resident of the state for a minimum of 90 days before filing. This ensures that couples have a legitimate connection to the state before proceeding with the divorce.

Division Of Property

Missouri follows the principle of “equitable distribution” when it comes to dividing marital assets and debts. It’s important to note that equitable does not necessarily mean equal. Instead, the court seeks a division that is fair and just, considering various factors such as the financial situation of each spouse, the duration of the marriage, and the needs of each party. It is also possible to work with our Kansas City, MO divorce lawyer team to find a mutually-agreeable solution to your property division concerns in ways that don’t require judicial intervention.

Child Custody And Support

The well-being of children is a primary concern in divorce proceedings. Missouri courts determine custody based on the best interests of the child. Several factors come into play, including the wishes of the child and parents, the child’s adjustment to their home, school, and community, and the mental and physical health of all involved parties. The dedicated legal team at the Law Office of Daniel E. Stuart, P.A. has significant experience helping families find solutions to custody concerns that reflect the best interests of the children involved.

Child support, on the other hand, is determined using established state guidelines, taking into account both parents’ incomes, the number of children, and other relevant factors.

Spousal Support Considerations

Also known as alimony or maintenance, spousal support is not automatically granted in Missouri divorces. The court considers specific criteria such as the financial needs and resources of the requesting spouse, the standard of living during the marriage, and the length of the marriage. If awarded, the amount and duration of spousal support vary based on the unique circumstances of each case.

The Path Forward

While divorce is undoubtedly challenging, understanding the legal intricacies of Missouri’s divorce laws can offer a roadmap through the process. It’s essential to be informed, proactive, and to seek legal guidance from a skilled Kansas City divorce lawyer to better ensure that your rights are protected.

If you’re considering a divorce in Missouri or are currently navigating one, our experienced legal team is here to support you. We understand the complexities of Missouri divorce laws and are committed to providing the guidance and representation you need during this transitional period. Connect with a Kansas City divorce lawyer on our team today for a detailed consultation, and together, let’s chart the best path forward for your unique situation.

Why The Law Office of Daniel E. Stuart, P.A. Should Be Your Trusted Legal Partner

Choosing the right legal representation during a divorce is a critical decision that can significantly impact the outcome of your case and your future. In Kansas City, MO, The Law Office of Daniel E. Stuart, P.A. stands out as a reliable and proficient firm, dedicated to helping individuals navigate the complexities of divorce law. With a team of experienced attorneys, the firm is well-equipped to handle a wide range of divorce cases, ensuring that your rights are protected and your voice is heard. Their commitment to providing personalized and compassionate legal services sets them apart, making them a wise choice for anyone facing the challenges of divorce. By entrusting your case to The Law Office of Daniel E. Stuart, P.A., you can have confidence that you are in capable hands, working diligently to achieve the best possible outcome for your unique situation.