Dissolution of marriage, more commonly known as divorce, is never an easy decision. This can be more complicated if children are involved. Child support and/or spousal support can further complicate matters. Because of the complex and emotional nature of divorce, it is important you find an experienced divorce lawyer that will represent your needs and ensure your rights are protected.

Uncontested Divorce

Before an uncontested divorce can be granted, there are usually four basic issues that must be resolved in agreement by both parties:

If both parties are in agreement about these four issues, a case can generally be resolved within a relatively short period of time with little or no time spent going to court by the participants. Our office will not represent both parties in a divorce even if they are in agreement about these matters. If there is disagreement about the resolution of any of these issues a contested divorce exists and further litigation may be necessary.

An uncontested divorce typically involves the following components:

  • Petition (including a Statement of Property and a Statement of Income and Expenses)
  • Summons
  • Settlement Agreement and Parenting Plan
  • Judgment

Contested Divorce

A contested divorce typically involves the following components:

  • Petition (including a Statement of Property and a Statement of Income and Expenses)
  • Summons
  • Response and counter-petition from the non-filing party
  • Motions
  • Discovery including depositions
  • Hearings and temporary orders
  • Trial or Settlement
  • Judgment

Division of Property

There are legal ramifications to a divorce decree regarding the division of marital property. For example, an equitable division of property, as required in most divorces, includes both assets as well as debts. This division of assets must also take into account pensions, retirement accounts and retirement benefits. Failure to account for one or more of these items can leave you receiving less than your legal share in a court-ordered division of property.

An experienced divorce attorney will help identify all assets and debts of the marriage to protect your legal interests. There are numerous circumstances that impact the division of property and it is important that you be represented by an experienced divorce lawyer.

To schedule a FREE meeting with St. Louis divorce attorney Jason Fauss, contact us online or call 314-291-8899 to discuss your specific family law matter.