Uncontested vs. Contested Divorce in Missouri: Simplified Procedures and Mandatory Steps
In Missouri an uncontested and a contested divorce share the 90-day residence rule and the 30-day wait from filing. If a spouse denies the breakdown, the court weighs five facts or continues the case up to six months.
What is the same in an uncontested and a contested Missouri divorce?
The 90-day residence rule and the 30-day wait (RSMo 452.305.1). The Missouri divorce timeline calculator gives the same earliest judgment for both.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Residence | 90 days before the proceeding | 90 days before the proceeding |
| Waiting period | 30 days from the petition | 30 days from the petition |
| Breakdown | Both state it under oath, or one states it and the other does not deny it | One spouse denies it under oath |
| Hearing | The court holds a hearing and makes the finding | The court weighs the facts or continues the case 30 days to 6 months |
| Family terms | Agreed | Decided by the court |
How does an agreed divorce work in Missouri?
If both parties have stated under oath that the marriage is irretrievably broken, or one has and the other has not denied it, the court, after considering the petition and after a hearing, makes a finding and enters an order of dissolution or dismissal (452.320.1). The court must also have considered and made provision for custody, support, maintenance and property (452.305.1).
What must the respondent file in Missouri?
To avoid an interlocutory judgment of default, the respondent files a verified answer within 30 days of the date of service, admitting or denying the petition and setting out the last four digits of the Social Security numbers and any arrangements as to custody, support and maintenance (452.310.5).
What if one spouse denies the breakdown in Missouri?
The court considers all relevant factors, including the circumstances that gave rise to the petition and the prospect of reconciliation. It either finds the marriage irretrievably broken if the petitioner proves one of five facts, or continues the matter for a further hearing not less than 30 days or more than six months later and may suggest counseling, which it cannot require (452.320.2).
Does a parenting plan have to be filed in Missouri?
Every judgment providing for custody includes a specific written parenting plan, which may be one the parties submit or, absent that, one the court determines (452.375.9).
What is an interlocutory judgment of default in Missouri?
A default judgment entered if the respondent does not file a verified answer within 30 days of service; filing the answer avoids it (452.310.5).
Does the court hold a hearing even if both agree in Missouri?
Yes. The court makes its finding of irretrievable breakdown after considering the petition or statements and after a hearing (452.320.1).
Can a petition for dissolution be dismissed in Missouri?
Yes. After considering the petition or statements and a hearing, the court makes a finding and enters an order of dissolution or dismissal accordingly (452.320.1).
Can the court continue a denied-breakdown case in Missouri?
Yes, for a further hearing not less than 30 days or more than six months later, or as soon as the calendar allows (452.320.2(2)).
What changes in a contested Missouri divorce?
The court decides what the spouses cannot settle: property under 452.330, maintenance and custody on the child’s best interests. See the Missouri property division calculator and the Missouri parenting time calculator.
Frequently asked questions
Does an uncontested Missouri divorce skip the 30-day wait?
No. Thirty days must pass after the petition is filed.
What does a Missouri respondent file?
A verified answer within 30 days of service.
What if my Missouri spouse denies the marriage is broken?
The court weighs the evidence, and the petitioner must prove one of five facts or the case is continued.
Can a Missouri court require counseling?
No. It may suggest counseling but cannot require it as a condition of a decree.
Does a Missouri judgment need a parenting plan?
Yes, any judgment providing for custody includes a written parenting plan.
Official sources
- RSMo 452.305: judgment of dissolution
- RSMo 452.310: petition; service; answer; parenting plans
- RSMo 452.320: finding that the marriage is irretrievably broken
- RSMo 452.330: disposition of property and debts
- RSMo 452.375: custody
- RSMo 452.377: relocation of a child
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Missouri statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Missouri attorney.