How to Achieve a Fast and Stress-Free Uncontested Divorce

Are You And Your Spouse Looking For a Divorce?

No one gets married with the intent to get divorced, but sometimes, no matter how hard you and your spouse work on your relationship, divorce may be the only option. That doesn’t mean you have to hate each other or fight it out when you can’t agree on certain key elements of your divorce. Many couples are able to work together and reach an amicable end to their relationship. 

When you work with an experienced family law attorney, you can move through the important legal steps of dissolving your marriage and know that you are legally protected, and you avoid animosity and anger.

Want to speak with a family attorney from Barnds Law LLC? Call 913-514-0909 to schedule a free consultation and find out how we can help you.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all of the major terms of their separation without the need for courtroom intervention. This includes things like property division, debt allocation, spousal support, child custody arrangements, and child support agreements. In Missouri, this type of divorce is often the quickest and most cost-effective way to legally end a marriage.

A contested divorce often involves disputes that require a judge to make the final decision, taking control away from the divorcing couple. An uncontested divorce allows couples to stay in control of the process without the need for lengthy hearings or multiple court appearances.

There is a benefit that isn’t related to the legal or financial aspect of divorce, and it is reduced mental and emotional impact. Much of the discourse during a divorce tends to arise during hearings where couples are required to bring arguments and evidence proving why they believe a topic should be resolved their way. This can have lasting emotional impacts and leave couples walking away from their divorce bitter and less likely to work together in the future, in the case of child support and custody.

What Issues Must Be Agreed Upon Before Filing?

For a divorce to be truly uncontested in Missouri, both spouses must agree fully on all major aspects of their separation. These issues must be resolved in writing, typically in a Marital Settlement Agreement, before the court can finalize the divorce. All it takes is one unresolved issue for the divorce to be considered contested, potentially delaying the process.

For a successful uncontested divorce, you must agree on the following:

• Division of property: Both parties must agree on how to divide all marital assets, including the home, vehicles, financial accounts, and personal belongings.
• Allocation of debts: Similar to assets, you must agree on who will be responsible for any joint or individual debts, such as credit cards, loans, or other bills.
• Spousal support: If one spouse is entitled to support, the agreement must specify the amount and duration of those payments, or agree that neither party will seek support.
• Child custody and parenting plan: When children are involved, both spouses must develop a detailed parenting plan that outlines legal and physical custody, parenting time schedules, and decision-making responsibilities.
• Child support: The agreement must follow Missouri’s child support guidelines or provide a legally acceptable alternative. The court will review it to ensure it satisfies the child’s best interests.

Even if you cooperate, finalizing these details requires careful documentation to ensure the agreement is not only fair but also enforceable. Brands Law LLC has the experience you need to help you reach an amicable agreement that leaves both of you happy and heard when your divorce is finalized.

What Can You Do To Prepare for a Smooth Divorce?

Even when you and your spouse agree on key elements of your divorce, preparation is still the key to avoiding delays, confusion, and unnecessary stress. If you are both ready and well-prepared, the divorce can often be finalized with minimal court involvement.

Some of the steps you can take to prepare include the following:

• Gather important financial documents: Collect your records for all assets and debts, including documents like tax returns, pay stubs, debts, and other important financial documentation.
• Create a list of marital property and debts: Using your documentation, outline everything you own and owe, both together and separately. Take time to start discussing how it should be divided.
• Discuss custody: If you have children, talk about parenting time, school arrangements, holiday schedules, and who will have what decision-making responsibilities.
• Agree on support: Speak to each other about whether or not spousal support is necessary, and if so, how much for how long. Using Missouri’s standards, come up with a fair child support plan that the courts will approve of.
• Set reasonable expectations: Even when it seems like you agree on everything, amicable divorces still require compromises. Focus on the big picture, finalizing your divorce efficiently and with minimal conflict.
• Consult with an attorney: Agreeing on everything will not mean much if the content of your uncontested divorce is not legally enforceable or fair. The court may decline the terms you have set. A lawyer can help ensure everything is above board.

Do You Really Need an Attorney for an Uncontested Divorce?

Even if you agree on everything, this is still your financial and familial future. Once finalized, your agreement will be legally binding and difficult to alter. Working with an experienced divorce attorney can make the process smoother and more amicable.

Hiring an attorney can also help ease concerns you have of being taken advantage of, as they will have the experience to recognize unfair phrasing and actions.

Call 913-514-0909 to schedule a free consultation with Barnds Law LLC today.