Uncontested vs Contested Divorce in Missouri

When facing divorce in Missouri, your choice between an uncontested and contested path shapes everything from your timeline to your financial future. Understanding the difference between a Missouri uncontested divorce and a contested case helps you make informed decisions—and Missouri's 30-day waiting period applies to both paths, but agreeing on terms can save you thousands and finalize your divorce much faster.

Understanding the Two Paths

An uncontested divorce in Missouri means both spouses agree on all terms—property division, maintenance (alimony), child custody, and child support. The respondent typically signs a Waiver of Service and Entry of Appearance, and both parties submit a marital settlement agreement to the court. Many circuits allow uncontested cases to finalize by affidavit or brief hearing.

A contested divorce proceeds when spouses disagree on one or more issues. One spouse files a petition, serves the other, and the Circuit Court manages disputes through discovery, possible mediation, and trial if necessary. Missouri courts encourage settlement but will hold a bench trial to decide unresolved matters.

Missouri is functionally a no-fault state. If both parties (or one without denial from the other) state under oath that the marriage is "irretrievably broken," the court can dissolve it. If a spouse denies the marriage is broken, the petitioner must prove fault-like facts such as adultery, intolerable conduct, or separation.

All divorces are filed in the Circuit Court (Domestic Relations Division) of the county where either spouse meets the residency requirement: 90 days in Missouri before filing.

Cost Comparison: What You'll Actually Pay

The financial difference between uncontested and contested divorces in Missouri can be substantial—often determining whether you emerge financially stable or facing significant debt.

Uncontested Divorce Costs in Missouri

Court filing fee: approximately $132-$175 (varies by county)
Sheriff service: approximately $55 (or waiver if spouse signs)
DIY option: approximately $150-$300 total
With attorney review: $1,000-$3,000
Total typical range: $150-$3,000

Many couples complete uncontested divorces affordably using Missouri Courts' official forms. The Litigant Awareness Program is required for self-represented parties, educating them on court procedures. Fee waivers are available for those who cannot afford filing costs.

Contested Divorce Costs in Missouri

Filing fee: approximately $132-$175
Service of process: $55-$150
Attorney hourly fees: $200-$400 per hour
Mediation costs: varies by county
Expert witnesses/evaluations: $1,000-$10,000+
Total typical range: $5,000-$25,000+

High-conflict divorces involving substantial assets or custody disputes can exceed $50,000. Missouri uses equitable distribution, meaning courts divide marital property fairly after considering statutory factors including economic circumstances, contributions, conduct, and custodial arrangements.

Estimate Your Missouri Divorce Costs

Use our interactive calculator to estimate costs for your specific situation. Adjust the inputs to see how different factors affect your total expenses.

Divorce Cost Calculator

Get a personalized estimate of your potential divorce costs based on your situation and location

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Cost Breakdown

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Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.

Timeline Comparison: How Long Will This Take?

Uncontested Divorce Timeline in Missouri

Residency requirement: 90 days in Missouri
Mandatory waiting period: 30 days after filing
File petition with settlement agreement
Court review and possible prove-up hearing
Typical total duration: 60-90 days from filing

Missouri's 30-day waiting period begins when you file, not when you serve your spouse. If your paperwork is complete and both parties agree, many circuits finalize uncontested cases within 6-12 weeks. Some counties offer "dissolution by affidavit" for agreed cases without children, potentially avoiding a formal hearing.

Contested Divorce Timeline in Missouri

Same 90-day residency requirement
30-day minimum after filing
Answer deadline: 30 days after service
Discovery and financial disclosures: 2-4 months
Mediation (if ordered): 1-2 months
Trial if unresolved
Typical total duration: 6-12+ months

Contested Missouri divorces commonly take 6-12 months, though complex cases with custody disputes or business valuations can extend beyond a year. Missouri now presumes equal or approximately equal parenting time is in a child's best interests, which may simplify some custody negotiations.

Making the Right Choice for Your Situation

The decision between uncontested and contested divorce isn't always entirely within your control—if your spouse refuses to negotiate or hides financial information, you may have no choice but to pursue contested litigation.

Uncontested divorce works best when:

Both spouses agree on all terms before filing
You can create a complete settlement agreement
Property and debt division is fair to both parties
You agree on a parenting plan for any children
No domestic violence or safety concerns exist
Your spouse will sign a waiver and cooperate

Contested divorce may be necessary when:

Your spouse refuses to negotiate in good faith
Significant assets require expert valuation
One spouse has hidden or dissipated marital assets
Serious disagreements exist about custody arrangements
Domestic violence affects parenting decisions
You need temporary orders while working toward agreement

Missouri's courts provide extensive self-help resources including official OSCA forms, though consulting with an attorney is advisable for cases involving children or significant assets. Cases with minor children require parenting plans and Form 14 child support calculations.

Your Next Steps

Whether your Missouri divorce will be uncontested or contested, taking action now puts you in a stronger position. Start by organizing your financial documents: tax returns, bank statements, retirement account statements, and records of debts.

Use our Missouri Divorce Cost Calculator above to estimate what your divorce might cost. This planning tool helps you prepare financially for the months ahead. For a complete overview of what you'll need, check our Missouri divorce filing checklist.

Consider consulting with a Missouri family law attorney even if you expect an uncontested divorce. An attorney can review your settlement agreement to ensure it protects your interests. For contested divorces, legal representation is essential to navigate the Circuit Court system.

The path you take through divorce—uncontested or contested—significantly shapes your experience and your future. By understanding the differences in cost, timeline, and process, you can make informed decisions that serve your long-term well-being.

Legal Disclaimer: This article provides general information about Missouri divorce law and should not be construed as legal advice. Divorce laws and procedures can be complex. For advice specific to your situation, consult with a qualified Missouri family law attorney. The costs and timelines mentioned are estimates and may vary significantly based on individual circumstances.

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