St. Charles Divorce Attorney

Let Our Award-Winning St. Charles Divorce Lawyers Come to Your Aid

The Smith Law Offices, LLC is a top-tier St. Charles County family firm ready to help you with all of your legal conditions. At the Smith Law Offices, our lawyers understand that facing a legal split can be a horrendous experience. But unfortunately, having the wrong counsel can make things even worse.

Are you considering divorce in St. Charles, MO? Though many are daunted by the whole process, afraid it will be a long and painful process, you don't have to be worried if you work with Smith Law Offices, LLC.

Our St. Charles divorce lawyers have more than 50 years of experience representing clients in complex family matters throughout Saint Charles. We recognize the emotional stress involved when it comes to dealing with these issues.

Much of the stress related to family law can be avoided when you have a skilled legal team of St. Charles divorce lawyers handling your case.

Family Law Cases We Handle

Our St. Charles divorce lawyers are qualified to handle your case from the straightforward to the volatile divorce. We have extensive legal experience with all types of divorce cases and are well-equipped to help you successfully resolve them..

How Do I File for Divorce in St. Charles, Missouri?

Many find themselves overwhelmed and unsure of where to begin when beginning the divorce process. The process begins when one spouse is petitioning the court.

The petitioning spouse will need to complete a “petition for dissolution” and file it with the family court located in Charles county where he or she resides. Some counties may also require the completion of a Family Court Information Sheet.

Afterward, the spouse that petitioned must serve the other with legal papers. The spouse served papers has 30 days to respond to the Petition filed and should file a Counter-Petition to protect their interests.

The Petition and Counter-Petition are the foundations of divorce and will guide the remaining litigation. These petitions help determine what items are contested. The parties will then work through the contested issues. Ultimately if no agreement can be reached, the case will be set for trial and the remaining issues will be resolved in Court.

How Long Does it Take to get Divorced in Missouri?

The duration of obtaining a divorce in Missouri can vary depending on several factors. In general, an uncontested divorce, where both spouses agree on key issues, might be finalized more swiftly than a contested divorce, which involves disagreements that require court resolution. Uncontested divorces could potentially be completed in a few months, while contested ones may extend the process to a year or more. 

The complexity of financial matters, property division, child custody arrangements, and other intricacies can influence the timeline. Missouri has a statutory 30-day waiting period after filing before a divorce can be granted, even in uncontested cases. Delays can occur if court dockets are congested or if negotiations between spouses take longer. Engaging legal representation and complying with court procedures efficiently can contribute to a smoother and quicker divorce process. It's advisable to consult with legal professionals to gain a more accurate estimate based on individual circumstances.

What Is the Fastest Way To Get a Divorce in Missouri?

This type of divorce is uncontested when both parties mutually agree on terms such as division of property and debt, spousal support, and child custody without trial through written settlement agreements.

Even though uncontested divorce is typically much faster, less expensive, and less stressful process, it may be mandatory for a short uncontested hearing to be held in court. Some courts need to review and approve the agreements after a brief testimony of one or both parties, while some courts only require an affidavit to be submitted without a hearing.

How Is an Uncontested Divorce Different From a Contested Divorce?

Base the amount on how complex the separation is and the spouses arguing and fighting over it. Another use of lawyers is because both sides will have a series of settlement conferences in court to resolve their issues.

Tips for Going Through Divorce in St. Charles

Whether this is your first, second or third, it can be difficult not to act out of fear, anger, or sadness. Regardless of whether or not you were the one who initiated the petition, it can feel almost like the death of a loved one.

We see many divorcing couples come through our offices and we have a few tips to help you through the process. It is important to remember to do the following three things:

1. Don’t Let Your Emotions Determine Your Actions

We understand this can be an emotional time, but it is important to remember not to make emotional decisions based on how you are feeling in that moment. Fighting your ex on some marital assets or child custody simply because you are angry and wish to get back at him or her only makes the divorce last longer, become more expensive and cause more stress.

The St. Charles divorce lawyers at our firm can help make sure the decisions surrounding your divorce are ones decided based on what is best for your future.

2. Remember To Communicate With Your Children

Imagine the emotional turmoil you are experiencing right now. Now, take that emotion and add in some more confusion, anxiety, sadness, and you have a good idea of what your children are feeling.

If you and your spouse have decided to go your own ways, communicate with one another and decide what the best method to break the news to your children will be. Assure your children that you’re not divorcing because of anything they have done.

You may also want to keep open communication with them regarding anything that could affect their lives. If they will be moving schools, moving rooms, or even living with only one parent, explain these things in ways they can understand.

3. Don’t Refuse To Talk to Your Ex

If you and your ex have children together, completely cutting off communication is not something you should do. Children win awards, compete in sports matches and perform in plays and they will still expect you to be there for them, even throughout your separation.

In addition to communicating with your ex regarding your children, you should still communicate with your ex during the divorce as not doing so could lead to problems while trying to resolve and coordinate visitations.

These tips are just a start for how to handle your divorce. Contact our St. Charles divorce lawyers for additional guidance.

What Are the Divorce Laws in Missouri? 

In order to file in Saint Charles, Missouri, you or your spouse must meet the residency requirement of at least 90 days before filing the petition.

Since Missouri is a “no-fault” divorce state, you are not required to prove that your spouse has wronged you in order to qualify. You simply need to claim that the marriage is “irretrievably broken” and can’t be saved.

How Long Do You Have to Be Separated Before Divorce in MO?

You and your ex-spouse must live in separation or be apart for 12 months straight before you file for divorce in the state of MO. Both parties must be in mutual agreement to do so to proceed.

Start the Next Chapter of Your Life With Our St. Charles Divorce Lawyer's Help

Get started today on your case today. Our St. Charles divorce lawyers can guide you toward the future you want. We have over 50 years of combined experience and apply a client-focused approach to every case we take on. Our law firm has been honored with a Client Distinction Award from Martindale-Hubbell®, proving our dedication to excellence and service.