DIVORCE • PROPERTY • MAINTENANCE • CUSTODY • SUPPORT • MISSOURI + ILLINOIS
Divorce in Missouri & Illinois: A Clear, Practical Guide for What Happens Next
Divorce can feel like your life is being rewritten overnight—emotionally, financially, and as a parent. At Besserman Law,
we help clients move through the legal process with clarity and control. This page is designed to be a comprehensive,
consumer-friendly overview of divorce in Missouri and Illinois—what to expect, what matters most, and how to avoid costly mistakes.
Important: This page is for general education as of 2026 and is not legal advice. Outcomes depend on your facts,
your county/circuit, and current law.
Divorce Timeline & What the Process Looks Like
Most divorces follow the same core path: filing → disclosure → temporary issues → negotiation → final judgment.
The difference between a 60–90 day divorce and a 12–18 month divorce is usually conflict level, complexity, and whether parents can agree.
1
File & Serve
One spouse starts the case by filing the petition and serving the other spouse. This sets deadlines and begins court jurisdiction.
2
Temporary Orders (If Needed)
Courts can address temporary parenting schedules, support, possession of the home, and bill payment while the case is pending.
3
Financial Disclosure & Discovery
The case becomes “numbers-based.” Income, expenses, debts, accounts, retirement, and real estate are identified and valued.
This is where hidden income/asset issues often surface.
4
Negotiation / Mediation
Many cases resolve through negotiated settlement or mediation, reducing cost and stress while allowing more control over outcomes.
5
Final Judgment
The court enters the final judgment/judgment of dissolution, incorporating the parenting plan, support orders, and property division.
Timing varies widely by county/circuit, court availability, and case complexity. Missouri has a statutory minimum time from filing
before a divorce can be finalized. Illinois does not have the same “waiting period,” but cases still require proper procedure and documentation.
Maintenance / Alimony: When Support Between Spouses Applies
Spousal maintenance is not automatic. Courts evaluate need, ability to pay, and factors like the length of the marriage,
earning capacity, and the marital standard of living.
When It’s More Likely
- Longer marriages and significant income disparity
- One spouse paused career growth for child-rearing or supporting the other’s career
- Health limitations or limited earning capacity
- High-conflict financial circumstances requiring a structured transition plan
The Goal
Maintenance is typically designed to help a spouse transition—through job training, stabilization, and rebuilding—not to create lifelong dependency
(unless the facts justify long-term support).
Missouri and Illinois analyze maintenance differently in practice (and Illinois uses statutory guideline concepts in many cases).
Your income structure, tax factors, and parenting plan can materially change outcomes.
This page provides general information as of 2026 and is not legal advice. Laws, local court rules, and procedures can change.
Consult an attorney for guidance specific to your situation.