Missouri Family Law Blog

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Many clients want a brief understanding of how the divorce process works and how long it will take. In a nutshell this is what follows:

1. File for Divorce-The legal document that gets the ball rolling is called a petition. It is filed with the court and served on the opposing party by the sheriff, by the opposing party’s attorney accepting service or by the spouse signing a waiver. Once the petition is served the spouse then has thirty (30) days to file what is called an answer.
2. Temporary Motions-If the parties do not agree on the payment of child support, a custody schedule while the divorce is pending, or how to get the marital bills paid while the divorce is pending a temporary motion is filed with the Court. Sometimes a hearing is held on the temporary motion where the parties testify and evidence is presented. The purpose of a temporary motion is for the judge to enter temporary orders while the divorce is pending with respect to a custody schedule, payment of child support, and payment of all marital bills. Temporary motions are optional and not generally filed when the parties agree on how these matters should be handled while the divorce is pending. Temporary motions are expensive and generally always drive up the cost of attorney fees being spent by both sides.
3. Discovery-Sometimes the parties skip temporary motions and move right into discovery. Discovery involves the exchange of documents and information necessary in order to figure out a fair settlement or prepare for trial. Most of the time discovery involves compiling a list of all assets and debts and obtaining documentation to determine the fair market value of those assets and the current amount of each debt. To the extent you have written documentation or statements showing the fair market value of each asset (bank statements, retirement statements, blue book values, etc.) and the current amount of each debt (current credit card statements, mortgage payoff statements, etc.) you should be providing that to your attorney as soon as possible in order to move your case forward. Discovery can be a long or short process depending on the complexity of your case. It may take as short as a few weeks to as long as several months.
4. Mediation/Negotiation-Not all cases are mediated but the perfect time to mediate is after you have figured out with your attorney what a fair settlement of your case might be. Negotiation involves the exchange of settlement offers in an attempt to settle your case outside of court.
5. Settlement Conference/Trial-The last phase of the divorce involves settlement conferences with a judge and a contested hearing called a trial if a settlement has not been able to be reached. Some parties never reach this phase because they settle their case before a Settlement Conference or Trial are scheduled. The parties can generally settle their case at any time and it can be presented to the judge in order to be finalized without going through steps 2, 3, 4, or 5. A trial involves witnesses testifying, documents being presented to the judge, and arguments being made by the attorneys.  A Settlement Conference and Trial are expensive. Attorneys spend hours getting ready for both. To the extent you have been unable to settle your case prior to it being set for a Settlement Conference or Trial you should be preparing to deposit additional funds with your attorney for both the Settlement Conference and Trial.

In order to find out more about the divorce process in Mid-Missouri check out our website at www.columbiamolawfirm.com or call our office to set up an appointment to meet with one of our highly trained lawyers that specialize in the area of divorce law.