WHAT IS AN UNCONTESTED DIVORCE?
For a divorce to qualify as uncontested both parties must agree on all issues regarding property and debt division and, if relevant, child support, custody, and visitation. The divorce case must be completely settled on all issues prior to the case being filed. The Petition for Dissolution can be filed jointly, along with a signed marital settlement agreement and, if necessary, a stipulated parenting plan.
WHAT ARE THE BENEFITS OF FILING UNCONTESTED?
You can save time, money, and headaches by filing an uncontested divorce (known as "dissolution of marriage" in Missouri), but only if you and your spouse are willing to work together and come to an agreement on the key issues involved in the dissolving your marriage.
Quick Resolution | Uncontested divorces move along much quicker than a contested divorce. Most uncontested dissolutions can be completed in less than three months. Alternatively, contested cases can take a year or more to complete.
Cost | Additionally, these cases are far less expensive. Contested dissolutions may cost $15,000 or more, depending on the circumstances of the case. The Binder Firm offers a straightforward, fixed fee for uncontested cases with no hidden or unexpected charges.
Less Stress | Divorce can be one of the most difficult processes we go through in life. Contested divorce litigation, by its very nature, pit the husband and wife against each other in court. Bringing all of the “dirty laundry” to a head in a courtroom can create a very hostile, stressful, and often times unproductive situation. Uncontested Dissolutions are much less emotionally taxing. Further, the paperwork requirements of an uncontested dissolution are less of a burden on both parties and most parties never have to appear in Court. Some counties, such as Jackson County, will allow a case to be submitted without the parties ever appearing if at least one party is represented by an attorney and all issues have been resolved by written agreement.
CAN BOTH PARTIES USE THE SAME ATTORNEY IN AN UNCONTESTED DIVORCE?
Yes and no. In most uncontested divorces, only one attorney is involved, but the attorney involved is not the attorney of record for both spouses. One party is technically unrepresented. However, a skilled divorce attorney will still be able to assist the unrepresented spouse and answer their questions, without actually providing legal advice or breaching their attorney-client relationship with the client.
REPRESENTATION WITH THE BINDER FIRM
In an uncontested dissolution the attorney would meet with you, advise on all issues in your case, draft all necessary pleadings in your case, review said pleadings with you, submit and communicate with the Court on your behalf to resolve the case, and then appear at any court hearings for you. As long as you are represented it is highly unlikely the client would need to appear at Court at all.
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The Binder Firm
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