Uncontested Divorce in Missouri
Some couples who wish to divorce, do not desire to place their future in the hands of the court. For such couples, the option of uncontested divorce is open. By this method, the divorcing couple can decide how to shape their future by reaching a mutual agreement regarding the various issues of the divorce.
Forms associated with Uncontested Divorce in Missouri
The Petitioner is supposed to file the below mentioned forms.
- PSC501 (A Parenting Plan): The terms and conditions of child support, visitation and child custody are outlined in this document.
- PSC070 (Judgment of Dissolution): The Court signs this form and indicates the termination of marriage.
- PSC067 (Family Court Filing Certificate): Any actions, concerning the parties of the dissolution, that are pending are listed in this form.
- PSC065 (Missouri Department of Health Certificate of Dissolution of Marriage): For purposes of record keeping, it is essential to record the divorce. This form serves this intention.
- PSC040 (A Statement of Property and Debt and the Proposed Separation Agreement): This form includes the liabilities and assets of the divorcing partners. It also comprises of the distribution and division of property that is sought by the Petitioner.
- PSC050 (A Statement of Income and Expense): The expenditure and income of both divorcing partners is mentioned in this form.
- PSC001 (A Petition for Dissolution of Marriage): This form indicates that the marriage has been irretrievably broken and there is no reasonable probability that it can be preserved. The form consists of the following information.
- Location and date of the marriage.
- The date of separation of the divorcing partners.
- Place of residence and work of the divorcing partners.
- If there are any minor children, then the place of residence of these children.
- The proposed custody plan.
- PSC010 (An Answer to the Petition of Dissolution): If the Respondent accedes with the complaint, then this Respondent completes the Answer. However, the Petitioner files this form.
Modes of Service in Uncontested Divorce in Missouri
The Respondent is given service of the process in one of the following four ways.
- Personal Service: The Sheriff of the county or any other court officer delivers the petition to the Respondent by hand.
- Waiver of Personal Service: The Petitioner himself delivers the petition to the Respondent. "Entry of Appearance and Waiver of Service" is a notarized form and this is verified and signed by the Respondent. Further, this form is returned to the Petitioner and filed.
- Private or Special Process Server: If the Respondent is avoiding being served or is difficult to find, then, this method is useful.
- Service by Publication: If the above mentioned 3 methods of serving the petition fail, then the Petitioner requests the Court to permit to publish a notice regarding the dissolution in the newspaper. Starting from the date of the last publication, there are 45 days within which the Respondent should file an Answer.
If all the above mentioned 4 methods have been tried and still the Respondent does not file an Answer, the Petitioner is free to choose the path of a default judgment.
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