The divorce lawyer's role in your uncontested divorce.

A lawyer works within a limited-scope representation when handling your uncontested divorce.  To me, one of most important thing to consider when choosing whether to proceed with your divorce without a more traditional in-court "fight," is how much you trust your spouse.  The reason for this is simple - an attorney working on your uncontested divorce is relying entirely on your disclosure of facts and will not be doing any independent investigation.  Your uncontested divorce lawyer will not be subpoenaing records from financial institutions, he or she won't depose your spouse, try to locate hidden assets, nor try to determine what would be a fair split of your property.

It is important for client's hiring an attorney for an uncontested divorce to understand that their representation does not likely include investigation and filing motions to compel the other spouse to do things.  Please see the following, taken directly from the limited scope representation agreement, as to what my role is in an "standard" uncontested divorce (following may vary a bit from case-to-case, as agreed upon by client and attorney):

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I, the lawyer, agree to help you by performing the following limited services listed below and no other service, unless we revise this agreement in writing.

a) Give legal advice through office visits, telephone calls, fax, mail or e-mail;  YES

b) Advise about alternate means of resolving the matter including mediation & arbitration;  NO

c) Evaluate the client’s self-diagnosis of the case and advise about legal rights and responsibilities;  YES

d) Review pleadings and other documents prepared by you, the client;  NO

e) Provide guidance and procedural information regarding filing and serving documents;  YES

f) Suggest documents to be prepared;  YES

g) Draft pleadings, motions and other documents;  YES

h) Perform factual investigation including contacting witnesses, public record searches, 

in-depth interview of you, the client;  NO

i) Perform legal research and analysis;  NO

j) Evaluate settlement options;  NO

k) Perform discovery by interrogatories, deposition and requests for admissions;  NO

l) Plan for negotiations;  NO

m) Plan for court appearances; NO

n) Provide standby telephone assistance during negotiations or settlement conferences; NO

o) Refer you, the client, to expert witnesses, special masters or other attorneys; NO

p) Provide procedural assistance with and appeal; NO

q) Provide substantive legal arguments in an appeal;  NO

r) Appear in court for the limited purpose of (1) filing pleadings, (2) submitting final pleadings to the Court; (3) attending default hearing (if applicable); (4) filing Motion to Withdraw (if representation has ended because case is complete or because the scope of representation has been exceeded).  YES

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As you can see, I give legal advice as to what is required for the uncontested divorce and, generally, how the law may apply to your situation and any questions you may have.  I prepare the pleadings in a legally sufficient manner to ensure accuracy and comprehensiveness, and file these pleadings with the court.  I appear in court, draft and file the appropriate pleadings, and at the end of the mandatory waiting period, present the final Judgment, Settlement Agreement, and (if applicable) Parenting Plan, to the court.  If the parenting plan and settlement agreement are approved, the dissolution is final upon the Judge's signature.

If you are interested in the uncontested divorce process or have questions regarding uncontested divorce, please feel free to contact me.  I handle uncontested divorces in St. Louis County, St. Charles County, St. Louis City, Franklin County, Jefferson County, and many other surrounding counties in Missouri.

Thank you for reading

What about an uncontested legal separation?

Potential clients often inquire about legal separations - mostly uncontested legal separations - and I find that the main misconception about the legal separation is that it will somehow be an "easier" case to file and get through the courts.

The fact of the matter is, however, all issues that must be ironed out in a dissolution case must also be ironed out in a legal separation case.  The end result are is different, of course, at the conclusion of a dissolution case you're divorced, where at the end of a legal separation case you are not.  The issues that must be decided on are basically the same though - property distribution, debt allocation, child custody, child support, etc.

So why do people get legal separations?  Some people genuinely believe the marriage can possibly be saved and that a little time apart - legally and otherwise - may help, while many choose legal separations for insurance purposes.  A legal separation will likely not cause any issues or disruptions in health insurance coverage provided by the spouse, compared to post-dissolution, where an individual will almost certainly not be able to stay on their ex-spouse's health insurance plan.  Both statements are generalities, of course, and you should speak with your company's HR department as to the affect legal separation and dissolutions have on your particular plan's coverage of spouses (and ex-spouses).

Uncontested legal separations can be done as quickly and efficiently as uncontested dissolution cases.  Please feel free to contact me with any follow-up questions you may have.  Thank you for reading.

How much does a divorce cost in Missouri?

The most common Google search terms that bring people to my law office's homepage are, in order of popularity:

•  Missouri uncontested divorce
•  cheap divorce lawyer
•  affordable uncontested divorce
•  uncontested divorce St. Louis
•  Missouri uncontested divorce cost
•  how much does a divorce cost in Missouri
•  St. Louis divorce
•  cheap uncontested divorce

As you can see, price-related inquiries make up 5 of the top 8 search phrases.  This shouldn't surprise anyone I wouldn't think - the cost of a product or service is often the most important factor when making a choice. 

The problem with answering the question, "how much will my divorce cost," is that it is almost impossible to answer.  For most attorneys, you will be billed a retainer - maybe $2,000 to $5,000 on up - in which hourly work will be billed against.  Once your retainer is "used up," your attorney will have his or her hand out again, asking you replenish your trust account.  The newly replenished trust account will be billed against, with the attorney "paying themselves" as they complete their hourly work on your case.  Each time the trust account is empty, you'll be expected to fill 'er up, so the attorney can continue to bill against your deposit and get paid for their work.

So in the situation of a contested case - where the billing is setup as described above - you can see how and why your contested divorce gets very expensive, very fast.  If your divorce lawyer bills at $250 per hour, for example, and you have a court date - even a court date where the case is simply continued - you'll be paying for the attorney to drive to the court, complete the in-court work, and drive back to the office.  That could take two hours, meaning you're down $500 for that simple, quick task.  Your attorney needs to go file your updated Statement of Income and Expense?  Expect a bill for the drive time, walking to court, going to appropriate floor to file the pleading, etc.  It racks up fees quickly.

The alternative is of course a flat-fee uncontested divorce.  I do hundreds of these cases per year, with the average flat-fee being in the $750 range or so.  Some cost a bit less, some cost a bit more.  Bottom line though, you know how much it will cost when you agree to proceed, making planning and budgeting for the expense possible.

If you or your spouse is a Missouri resident, please feel free to contact me for a personalized, more accurate estimate of attorney fees involved in completing your uncontested divorce.

Uncontested Divorce Advantages and Disadvantages

Just like any other decision, there are advantages and disadvantages in reaching an agreement with your spouse prior to any court or attorney involvement, and proceeding with an uncontested divorce.

Probably the most cited benefit of proceeding with an uncontested divorce is cost.  You've likely spoken with individuals who have had long, drawn out, expensive divorce cases.  Multiple internet sources (Forbes, Womansdivorce.com, Bankrate.com, among others)  claim the average cost of divorce in the U.S ranges from $15,000 to $30,000, with the majority of that money going towards attorney fees.  Think about that - if both spouses are paying an attorney $15,000 to $30,000, that means you're paying two attorneys a combined $50,000 or so to determine how your property should be divided and who is a better parent.  If the parties can reach a reasonable agreement, however, that $50,000 can be split among themselves or be used to pay for their children's college education, for example.  Contrast that to an uncontested case, where attorney fees are much, much less, potentially around the $1,000 range even.

Here are some other factors to consider when weighing whether to attempt to facilitate an uncontested divorce with your spouse or proceeding with a more "traditional" contested dissolution:

1.  The outcome - In an uncontested case, you and your spouse essentially decide on the outcome.  You come to an agreement regarding your property division, debt allocation, maintenance, child custody, and child support.  In an ideal uncontested situation, each spouse can set aside the emotional aspects of the dissolution and focus on the dissolution in a more business-like manner, weighing the factors that each spouse feels should influence the property division and determination of custody/support of the children and coming up with a workable solution for both parties.  In this uncontested situation, the division of property and custody/support of the children is influenced by the factors you and your spouse deem important.

Contrast that to a contested case where a Judge (or two attorneys negotiating on you and your spouse's behalf) come up with a disposition they feel is appropriate and fair based on the evidence they are presented with.  The final disposition will be influenced by factors you probably wouldn't think should be determinative, such as your attorney's skill, the judge's opinions and application of the law, and the law itself.

2.  The stress - Think about what comes with a contested case:  court appearances, attorney fees to pay, animosity between you and your spouse, the problems a contested, drawn-out divorce can have on your children, dealing with attorneys, etc...  This can be a very stressful.  In fact, divorce ranks right up there as #2 (with the death of a spouse being #1) with the most stressful event in one's life.

3.  Speed - Contested divorce cases can take awhile.  With discovery, document review, motions, hearings, court dates, continuances, trial dates, etc., the process can easily take a year or more.  Even with Missouri's 30 day mandatory waiting period between the filing of the petition and waiver of service and the entry of the final judgment, the process is much quicker.  Most of my uncontested cases are wrapped up in under two months, some in as little as 31 days.

Not every case can proceed as an uncontested divorce, of course.  Unreasonable spouses and complex issues that require the speciality, knowledge, and skill of experienced family law attorneys will pop up in certain marriages and divorces.  However, if your case is of the more traditional nature, you may want to explore whether an uncontested divorce is for you.

Thank you for reading.  More information about uncontested divorce in Missouri can be found on my website.

Can you file for an uncontested divorce in Missouri without an attorney?

Yes, you can file your uncontested divorce in Missouri pro se (without an attorney).  I'll even provide a link to those forms:

http://www.stlouisco.com/LawandPublicSafety/CircuitCourt/Forms

If you choose to file without an attorney, Missouri Supreme Court Rule 88.09 requires that you complete a litigant awareness program.  You and your spouse will both need to take the course, and each of will need to bring your certificate of completion to your court date.  Yes, at least one court appearance will be required if you choose to file yourself.

This and other information can be found in the 8-page pro se divorce instructional pamphlet that is provided by St. Louis County Family Court.  Further instructions and information can be found throughout the 70-pages of Dissolution of Marriage pro se forms.  After you graduate from your Litigant Awareness Program, study the 8-page detailed-instructions pamphlet, and complete the 70-pages of forms, you'll be ready to head to the court to file your case.  Make sure everything is correct, as one mistake could cause the case to be dismissed or lead to an outcome you and your spouse did not intend.

Alternatively, if you would like an attorney to handle your uncontested divorce case from start to finish at a reasonable rate, and allow you to avoid any litigant awareness classes and/or court appearances, please feel free to give me a call or shoot me an email.

Further information regarding uncontested divorce can be found on my website's Missouri Uncontested Divorce FAQ.

Thank you for reading.

Your Missouri uncontested divorce can now be submitted online.

My law office now allows clients to initiate and pay for their uncontested divorce online.  Of course, traditional ways of handling the uncontested divorce process are still available.   After many requests, however, you can now complete a simple, straight-forward Missouri uncontested divorce online form .

Prospective clients can not submit the information needed to complete their uncontested divorce pleadings directly online.  At the end of the form, you will be prompted for payment.  No surprises, no hourly fees - just straight-forward, flat-fee billing.  Upon making your payment, the information will be sent to me so I can review it, ask any follow-up questions, and proceed with preparing your paperwork.  Every step along the way is 100% secure as well.

Feel free to visit my webpage to start your uncontested divorce.  Call or email if you have questions along the way, I will be happy to help.  The uncontested divorce online submission should be used only when one spouse is a Missouri resident.  I also urge potential clients to assess their individual case prior to submitting it online.  If there are complexities that make your divorce - even if uncontested - a bit more involved than the standard divorce, please contact me prior to submitting the case online.

Thank you again for reading.  It is my hope that my online uncontested divorce form can help residents across Missouri gain affordable access to our legal system and allow them to btain their uncontested divorce quickly and easily.

http://www.LinnenbringerLaw.com

Service of process in an uncontested divorce?

I'm often asked by an uncontested divorce client where his or her spouse will be served.  The answer I give is, they won't be.  In my eyes, if a divorce is truley uncontested, there will not be a need to have the spouse served at all.  Instead, he or she can file a Waiver of Service.

Filing a Waiver of Service eliminates the need to apply for a Summons, pay a process server or the sheriff to serve the spouse, and reduces the time it takes to complete the uncontested divorce process.