Divorce is never easy, but when spouses can’t agree on the terms, the legal process becomes significantly more complex. This type of divorce—known as a contested divorce—requires more time, negotiation, and court involvement than its uncontested counterpart. If you’re facing a contested divorce in Missouri, understanding the steps involved and the importance of legal guidance can help you navigate the journey more effectively.
What Is a Contested Divorce?
A contested divorce occurs when spouses disagree on one or more key issues in the divorce. This may include disputes over:
- Division of property and debts
- Child custody and visitation
- Child support
- Spousal maintenance (alimony)
Unlike uncontested divorces, where both parties work together to submit a mutual agreement to the court, contested divorces require a judge to make the final decisions after a formal hearing or trial.
The Stages of a Contested Divorce in Missouri
According to legal experts, a contested divorce in Missouri typically follows these stages:
1. Petition for Dissolution
The process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the local circuit court. This legal document outlines the petitioner’s requests for things like custody, property division, or support.
2. Service of Process
The petition must be legally delivered (or “served”) to the other spouse (the respondent), giving them formal notice of the divorce proceedings.
3. Response and Counterpetition
The respondent then has 30 days to file a written answer. They may also submit a counterpetition, asserting their own terms for the divorce.
4. Discovery Phase
In this phase, both parties exchange financial records, documents, and information needed to resolve disputes. Discovery may include interrogatories, depositions, or subpoenas.
5. Temporary Hearings
If necessary, the court may hold temporary hearings to establish interim arrangements for custody, support, or use of property while the case is pending.
6. Mediation and Settlement Efforts
Before heading to trial, the court may require or encourage both parties to attempt mediation—a process in which a neutral third party helps facilitate a compromise.
7. Trial
If mediation fails, the divorce moves to trial. Each side presents evidence and arguments, and the judge makes decisions on unresolved issues. This process can be emotionally and financially draining, often taking several months or more to complete.
8. Final Decree
After the trial, the judge issues a Final Decree of Dissolution of Marriage. This document officially ends the marriage and outlines how all contested matters are to be handled going forward.
Why Legal Representation Is Crucial
Because of its complexity, a contested divorce demands strong legal representation. A skilled divorce attorney can:
- Protect your parental rights and financial interests
- Ensure compliance with procedural rules and deadlines
- Present evidence effectively in court
- Negotiate on your behalf during mediation
- Minimize delays and prevent costly mistakes
Contested divorces can have lasting consequences—especially when children or significant assets are involved—so choosing the right attorney is essential to safeguarding your future.
Considering Divorce? Talk to a Trusted Missouri Divorce Attorney
Whether you’re already in the midst of a contested divorce or you’re unsure which type of divorce might apply to your situation, you don’t have to go through it alone. At Rogers Sevastianos & Bante, our experienced divorce attorneys are ready to stand by your side and help you move forward with clarity and confidence.
Reach out today to schedule a consultation and take the first step toward protecting your rights and securing a better tomorrow.
Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should consult an attorney for personalized guidance on your specific circumstances.