Frequently Asked Questions on Legal Issues

Areas of Practice

  • 3rd Party Custody
  • Adoption
  • Appeals
  • Business Formation
  • Business Litigation
  • Business Succession Planning
  • Child Custody/Support/Visitation
  • Collections
  • Construction Law
  • Creditor Rights
  • Divorce (dissolution of marriage)
  • Elder Law
    • Estate Recovery
    • Qualification for Financial Assistance
    • Spend-down Consultations
  • Estate Planning
  • Estate Administration
  • Estate Tax
  • Foreclosures (Creditor)
  • GAL - Custody
  • GAL - Probate
  • General Civil Litigation
  • Guardianships, Adult & Minor
  • Health Care Directives (Living Will)
  • Juvenile Law
  • Land Disputes
  • Legal Separation
  • Paternity
  • Power of Attorney
  • Probate
    • Deceased Estate Administration
    • Incompetent Estate Administration
    • Minor Estate Administratin
  • Property Division
  • Mediation
  • Mechanic's Liens
  • Modification
  • Real Estate Law
  • Trust Administration

Questions About Divorce Issues

  • What do I have to do to get a divorce?
  • The first step to getting a divorce is filing a Petition with the Circuit Court of the County where you reside.
  • What is a Petition?
  • The Petition is a document that tells the court who you are, who your spouse is, whether you have children, where you are each employed, where you live, and other identifying information.  The Petition is also the document where you ask the court to dissolve your marriage, divide your property and debts and to decide what your custody and child support arrangements will be. 
  • Do I have to file the Petition where I live?
  • Usually yes.  Under some circumstances you and your spouse might agree to file the Petition in a different County.  This is something you would need to discuss with your attorney.
  • Can my spouse and I use the same attorney?
  • No.  It is unethical for one attorney to represent both spouses in a divorce.  If one attorney is used, that attorney represents only one of the spouses. (back to top)
  • I have just been served with Divorce papers, what do I do?
  • You only have 30 days to file a response to the Petition.  This response is called an Answer.  If you do not file the Answer within the 30 day time frame, you spouse can go to Court and get a Default Judgment without having to tell you when they are going to Court and without telling you what they are asking the Court to do. (back to top)
  • Do I have to put a reason for the Divorce in the Petition?
  • No. Missouri does not require the proof of fault to get a Divorce. The only thing you have to say is that the marriage is irretrievably broken and that there is no likelihood that it can be preserved. (back to top)
  • How long will it take to get a Divorce?
  • It depends. If you and your spouse can reach an agreement on the division of property and debts as well as the custodial arrangements for the children, then a Divorce can be completed within 45 to 60 days. If you cannot reach an agreement and the case has to go to trial, it can take 12 - 24 months in Greene County and 9 - 12 months in surrounding counties. (back to top)
  • How much will it cost?
  • This firm requires a deposit of $2500 to begin the divorce process. There is no way to predict how much a divorce will cost because no two divorces are alike. It is significantly less expensive if you can reach an agreement early in the process and significantly more expensive if you have to go all the way through a trial.(back to top)