A common question clients ask when beginning a divorce is, “How long is this going to take?” While there is a range of possibilities and no definitive timeline for all divorces, there are some factors that will have a definite impact on the timeline. Contested or Uncontested Divorce When spouses have reached an agreement on the substantive aspects of their divorce, they will likely not need much intervention from their attorneys, the court, or outside parties to aid in negotiation. It is much quicker to memorialize an agreement and process it through the Court than to have to negotiate [...]

While most people understand the nature of divorce, confusion abounds over the concept of an annulment. Whereas divorce declares a marriage terminated as of the date of a divorce decree, an annulment declares that the marriage was invalid from its very beginning. Essentially, when a judge grants an annulment, it is a finding that a valid marriage never existed. (There is also a difference between an annulment granted by a religious institution and a civil annulment, but this article only concerns the latter). In Missouri, there is a strong presumption all marriages are valid, which makes it tougher to [...]

If you and your spouse have reached a mutual agreement regarding divorce, you may wonder whether you can retain the same attorney to finalize your divorce. The short answer is no, as it is unethical for an attorney to represent both spouses in a pending divorce action. Joint representation in a divorce creates a conflict of interest for the attorney. No matter how agreeable the terms are to each side, an attorney cannot ethically represent both parties in divorce due to the parties’ competing interests. However, if the parties are amicable and have come to an agreement, it may [...]

It is rare in Missouri for the Courts to grant an annulment of a marriage, but there is a procedure for declaring a marriage to be invalid that is authorized by the Missouri statutes. An annulment, rather than a dissolution of marriage (divorce), may be proper only in very specific situations, such as: The married parties have a close relationship, typically by blood. One of the parties at the time of the marriage did not satisfy the age requirement and did not receive the court’s consent – in Missouri, the age requirement is 16 with parental consent, or 18 [...]