Divorce is difficult and the decision to divorce should not be made lightly. Once a decision has been made to divorce, one of the first questions clients typically ask is how long will my divorce take? This is always a difficult question to answer. If you and your spouse are in complete agreement and there are no unresolved issues, then Missouri law requires you to wait 30 days after the divorce petition has been filed before a divorce decree can be entered. This delay allows you time to consider ways in which your marriage can be preserved, or if it can’t be preserved, the time is available to resolve any remaining issues. This time frame may be longer if you and your spouse have not already reached an agreement prior to filing.

If no agreement can be reached between you and your spouse, the divorce process can take 6-12 months, or longer, depending upon how much of a fight ensues. There are several areas of dispute that can be difficult to resolve. These disputes often include:

1. Child Custody: For minor children, how much time will each parent receive with the children? How will legal and physical custody be assigned? Which residence will be listed as primary for purposes of educational information?

2. Child Support: Will any child support be paid? If so, will Form 14 be followed or deviated from in determining the child support amount?

3. Maintenance: This used to be called alimony. Will one spouse owe maintenance to the other, and if so, how much and for what time frame will it be paid?

4. Property Division: What is a fair and equitable division of the marital property and debt? Which spouse will receive specific property?

These issues, especially when custody is not agreed upon, can be contentious and difficult to resolve. Extensive discovery can be utilized by the parties to try and frame the issues and get to the bottom of how to best address these issues. Your attorney will be working to resolve outstanding issues with your spouse. If no agreement can be reached, the court will have to hear the evidence and make a decision as to what is fair, equitable and not unconscionable about the division of the property. The court will have to make a decision that is in the “best interests” of the child[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][ren] on custody issues. Only when the court is satisfied that a proper agreement has been reach, or the court has made a proper decision, will the divorce be granted.

Our experienced divorce and family law attorneys can sit down and walk through the divorce process with you and help you determine what is likely to happen. If we can assist you in any way, please contact us.
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