Lynn Ricci Divorce Law Blog on Lawyers.com

There are several different types of divorce possible in Missouri. The St. Louis family lawyers at Garnholz & Ricci explain the differences.

Uncontested Divorce

A divorce is uncontested if one spouse either:

1. 1. doesn’t respond to the spouse’s request for divorce or to the spouse’s decisions regarding division of marital property, alimony, child support and child custody
2. 2. doesn’t legally dispute the spouse’s decisions
3. 3. agrees with every detail of the spouse’s decisions

If an agreement can’t be reached on each issue, then it is a contested divorce.

Contested Divorce

A St. Louis contested divorce occurs if an agreement can't be reached on every issue in the dissolution of a marriage. The couple has to take the issues before a judge and the case remains contested until every issue is resolved. If, however, at any time during the pendency of the case, the parties and their attorneys can reach an agreement on all of the issues, they can then ask that the court hear the case as an uncontested divorce.

Fault Divorce

A fault divorce is only granted if one of the spouses is legally at fault. Today about two-thirds of states still offer some form of fault divorce when marital misconduct has been established.  In a fault divorce the person requesting the divorce must prove that an act by his or her spouse involved marital misconduct and provided a legal reason for the divorce.

No-Fault Divorce

A no-fault divorce is a divorce when no one is at fault for the failure of the marriage. Even if there were some marital misconduct, in a no fault divorce there usually doesn't have to be any explanation or proof of a problem. The basis for dissolving the union may simply be "irreconcilable differences." Generally speaking, in a no-fault divorce action, spouses can terminate a marriage at will as long as  there is no reasonable prospect of reconciliation.

Divisible or Bifurcated Divorce

In a divisible or bifurcated divorce, the marriage between spouses is terminated, but other issues are left to be determined at a later date. Couples pursue a bifurcated divorce when one or both spouses want to terminate the marriage quickly--perhaps so they may remarry--and wait to resolve other issue  such as the division of property, alimony, child support or custody arrangements.

This information has been provided by the St. Louis divorce and separation attorneys of the Ricci Law Group, 1200 South Big Bend Boulevard, St. Louis, MO 63117 U.S.A.