Divorce

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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.

Navigating Divorce: Your Compassionate Partner

Divorce is a legal process—but it’s also a life transition. The best outcomes come from a plan that protects your kids, stabilizes your finances, and reduces conflict. We take time to listen, explain the law in plain English, and build a strategy tailored to your situation.

What We Do for You

  • Explain your rights and responsibilities—clearly and realistically
  • Build a step-by-step plan for custody, support, and property division
  • Handle negotiations, court filings, and enforcement when necessary
  • Protect you from common pitfalls: rushed agreements, hidden income, and vague parenting plans

Divorce Is More Than the “Paperwork”

A divorce judgment impacts your future for years—property, retirement, parenting time, relocation rules, insurance, taxes, and enforcement. The goal is not just to “get divorced,” but to create an outcome you can live with—and enforce—long after court.

If you’re overwhelmed, start here
The most important early steps are: (1) protect your children’s stability, (2) gather financial documents, (3) avoid major spending or asset moves, and (4) get advice before you sign anything.

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.

When Children Are Involved: Custody, Parenting Time, and Stability

Courts focus on the child’s best interests. The strongest plans are detailed, realistic, and designed to reduce future conflict—especially for co-parenting.

Parenting Schedule
School weeks, weekends, holidays, exchanges, travel, and make-up time.
Decision-Making
Education, healthcare, religion, and extracurricular decisions with a tie-break process if needed.
Communication Rules
Parenting apps, response time expectations, and boundaries that protect the child from conflict.
School & Activities
Who enrolls, who transports, and how costs are shared.
Safety Provisions
If appropriate: supervised time, protected exchanges, substance restrictions.
Relocation Rules
Notice requirements and court approval standards when a move affects parenting time.
Don’t “wing it” with kids
Vague parenting plans create repeat court battles. If conflict is likely, the plan should be more specific—not less.

The Financial Side: Property, Debt, Support, and Your Post-Divorce Budget

Divorce isn’t just about “splitting things.” It’s about making decisions that shape a new financial reality—housing, retirement, debt, taxes, support, and long-term security.

PROPERTY & DEBT

Equitable Distribution (Not Always 50/50)

Both Missouri and Illinois generally divide marital property under an equitable (fair) distribution framework. “Fair” depends on the facts: duration of marriage, contributions, income, needs, and parenting responsibilities.

DISCLOSURE

Accurate Information Drives Outcomes

Many disputes come down to missing information: retirement accounts, business income, bonuses, credit lines, and “off-book” cash. We focus on documentation so outcomes are correct—and enforceable.

The House
Options often include buyout, sale, deferred sale, or offsets—each with tax and refinance implications.
Retirement Accounts
Division may require special orders (e.g., QDRO). Errors can be extremely expensive.
Debt Allocation
Credit cards, loans, and tax debts must be allocated clearly—and updated with lenders when possible.
Child Support
Guideline-based; depends on income, parenting time, insurance, and childcare expenses.
Insurance
Health coverage, COBRA timing, and who carries the child on insurance should be addressed early.
Taxes
Filing status, exemptions/credits, and who claims the child can be negotiated and ordered.

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.

Uncontested vs. Contested Divorce: What’s the Difference?

Most people want an uncontested divorce—and that’s often achievable. The key is reaching written agreement on the major categories: kids, money, and property division.

UNCONTESTED

Agreement-Driven

  • Faster and typically less expensive
  • More control over outcomes and details
  • Often reduced stress for children
  • Still requires accurate paperwork and enforceable language
CONTESTED

Court-Managed

  • Used when spouses cannot agree on key issues
  • May include discovery, motions, evaluations, and trial
  • Higher cost and longer timeline is common
  • Strong strategy and documentation become critical
Reality check
Many people “agree on everything” until they see the numbers, tax impact, or retirement terms. A well-drafted settlement avoids future fights.

Missouri vs. Illinois: Divorce Requirements & Key Distinctions

The process is similar, but there are meaningful differences in terminology, minimum timelines, and statutory frameworks. Below is a simplified guide—always confirm your specifics with counsel.

MISSOURI

Missouri Divorce Basics

  • Residency: Generally, one spouse must be a Missouri resident (or stationed in Missouri military) for 90 days before filing. RSMo § 452.305
  • Minimum time: Missouri requires at least 30 days after filing before a divorce can be finalized. RSMo § 452.305
  • Custody terms: “Legal custody” and “physical custody” (joint or sole). RSMo § 452.375
  • Relocation: Defined procedures and notice requirements apply when a child’s principal residence changes for 90+ days. RSMo § 452.377
  • Child support: Presumed amount commonly calculated using Form 14 (Rule 88.01). MO Courts (Form 14 / Rule 88)
ILLINOIS

Illinois Divorce Basics

  • Residency: One spouse must have Illinois residency or military presence for 90 days before filing. 750 ILCS 5/401
  • No-fault grounds: Dissolution is based on irreconcilable differences. 750 ILCS 5/401
  • “Separation” concept: Illinois recognizes a 6-month separation presumption that can be waived by agreement in many situations. 750 ILCS 5/401
  • Custody terms: Illinois uses “allocation of parental responsibilities” and “parenting time.” 750 ILCS 5/602.7
  • Child support: Income shares model considers both parents’ net income and parenting time. 750 ILCS 5/505
What this means for you
Missouri often centers on the statutory minimum timeline and Form 14 support mechanics. Illinois often centers on “allocation/parenting time” terminology and income-shares support calculations. In both states, outcomes are heavily driven by documentation and a workable parenting plan.

Quick Questions About Divorce

Honest, plain-English answers to what people ask when they’re trying to make a decision—or protect themselves.

Do I need my spouse’s permission to get divorced?
No. One spouse can file and proceed through the legal process. A spouse can contest issues, but they generally cannot “veto” the divorce indefinitely.
How long will my divorce take?
Uncontested cases can be relatively quick. Contested cases commonly take longer due to court schedules, discovery, and disputed custody/financial issues. Missouri has a minimum time after filing before finalization. Illinois does not have the same minimum waiting concept, but procedure still takes time.
What should I do before I file?
Gather financial documents (income, taxes, bank accounts, retirement, debts), avoid unusual spending or asset transfers, and get advice before you sign agreements or move children. Early decisions often shape the entire case.
Will I automatically lose the house or retirement?
Not automatically. Property division depends on what’s marital vs. non-marital and what’s fair under the circumstances. Retirement division can require specialized orders and careful drafting to avoid expensive mistakes.
Can we handle divorce without going to trial?
Many cases settle through negotiation or mediation. The key is having accurate information and enforceable terms—especially for parenting plans and financial support—so the agreement holds up after the court date.

A clear plan changes everything.

If you’re considering divorce in Missouri or Illinois, you don’t have to figure it out alone. We’ll help you understand your options, protect your children, stabilize your finances, and move forward with confidence.

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.

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stcharles, Missouri, st. louis, divorce

Missouri & Illinois
Offices

Our offices in Missouri and Illinois are conveniently located. Divorce laws differ according to the jurisdiction. Having in-depth knowledge of the local statutes in their region, our attorneys are prepared to assist you in dealing with any family law issue.
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Setup Up the Initial Appointment

To begin the divorce, custody, or family law process, you must first schedule an initial consultation with one of our attorneys. This meeting gives you the opportunity to ask your most pressing questions, understand your legal options, and determine the best path forward based on your unique situation.

There may be a small initial consultation fee; however, any unused portion of time may be credited toward your required advance deposit to engage the firm, if you choose to retain Besserman Law. Ask our team for current details when scheduling.

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What to Expect for Any Case.

A divorce or legal process begins with the initial consultation with your attorney. The hour will be devoted to answering specific questions and drafting goals for your case. You can expect your attorney to outline a strategy that has the best chance of success based on the information you provide.
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Ensure you bring all necessary documentation to your consultation, including current and legal documents you think our attorneys will need to see, such as W-2 forms and last year's tax records. If you're not sure what documentation to bring, ask. You will have a more productive initial consult if you have the proper documentation on hand.
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Frequently Ask Questions (FAQ) of Divorce

Do we Need To Wait Before we File for a No-Fault Divorce?

Not always. In the case, you as well as your spouse, have lived apart for a continuous period of at least six months before admission of the divorce judgment, the two-year separation requirement could be waived, but only if you both consent in writing to do this. In case the two of you cannot consent, then you will have to satisfy the 2-year condition.

Do you know the Important Legal Problems in a Divorce?

The important problems that commonly come up in divorce cases are property division, child custody and visitation, child support, and alimony. Partners can enter into an agreement, property settlement agreement or divorce agreement, to resolve all or a number of the problems presented by their divorce case. This agreement, and, in particular, any arrangements regarding child custody and child support, will need court acceptance. They will have to fight it out in court where a judge will determine for them under the principles of Illinois law if spouses can not agree on any of the problems.

What’s a Legal Separation?

If you are living separate and apart from your spouse, you can petition a court to allow you a legal separation and fair support or alimony. Either spouse will not be prevented by a ruling for legal separation from filing for divorce after. 

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FAMILY LAW • DIVORCE • CUSTODY • SUPPORT

Family Law FAQs — Organized by State

These frequently asked questions cover common divorce and family law issues in Missouri and Illinois. Each question is clearly labeled by state so updates remain easy to track over time. This page is general educational information and not legal advice.

Laws and outcomes vary. Talk with an attorney to understand options for your specific facts and jurisdiction.

Divorce Basics

Filing, no-fault rules, timing, and separation requirements—labeled by state.

MISSOURI How do I file for divorce in Missouri?
To file for divorce in Missouri, at least one spouse must have lived in Missouri for 90 days before filing. Divorce cases are filed in the circuit court of the county where either spouse resides.
MISSOURI Is Missouri a no-fault divorce state?
Yes. Missouri is a no-fault state. You do not have to prove adultery, abuse, or wrongdoing—only that the marriage is “irretrievably broken.”
MISSOURI How long does a divorce take in Missouri?
Missouri has a minimum 30-day waiting period, but most divorces take 3–12 months, depending on custody disputes, property issues, and court schedules.
MISSOURI Do I need my spouse’s permission to get divorced?
No. One spouse can file for divorce even if the other objects.
ILLINOIS How do I file for divorce in Illinois?
One spouse must have lived in Illinois for at least 90 days before filing. Cases are filed in the circuit court of the appropriate county.
ILLINOIS Is Illinois a no-fault divorce state?
Yes. Illinois only allows no-fault divorce based on irreconcilable differences.
ILLINOIS How long does a divorce take in Illinois?
Uncontested divorces can be finalized in as little as a few months, while contested cases often take 9–18 months.
ILLINOIS Do we have to be separated before divorcing?
Illinois law presumes irreconcilable differences if spouses have lived apart for 6 months, but the court's no longer require an affidavit of living separately for any length of time.

Property & Finances

Equitable distribution, the house, retirement accounts, and maintenance/alimony.

MISSOURI Is Missouri a community property state?
No. Missouri follows equitable distribution, meaning marital property is divided fairly—not necessarily 50/50.
MISSOURI What counts as marital property in Missouri?
Generally, assets acquired during the marriage—including income, retirement accounts, and real estate—are marital property, regardless of whose name is on them.
MISSOURI Who gets the house in a Missouri divorce?
There’s no automatic rule. Courts consider factors like financial contributions, custody arrangements, and each spouse’s ability to maintain the home.
MISSOURI Will I have to pay spousal maintenance (alimony)?
Possibly. Missouri courts look at need, ability to pay, length of marriage, and earning capacity. Maintenance can be temporary or long-term.
ILLINOIS Is Illinois a community property state?
No. Illinois follows equitable distribution, not automatic 50/50 division.
ILLINOIS What is considered marital property in Illinois?
Most assets and debts acquired during the marriage, regardless of title.
ILLINOIS How are retirement accounts divided?
Often through a Qualified Domestic Relations Order (QDRO)—errors here can be extremely expensive.
ILLINOIS Will I receive or pay maintenance (alimony)?
Illinois uses statutory guidelines based on income, marriage length, and financial need, though courts may deviate.

Child Custody & Support

Best-interest standards, parenting time, and how support is calculated.

MISSOURI How is child custody decided in Missouri?
Custody decisions are based on the best interests of the child, considering stability, parental involvement, and the child’s needs.
MISSOURI Does Missouri favor mothers in custody cases?
No. Missouri law is gender-neutral. Courts often favor arrangements that allow frequent and meaningful contact with both parents.
MISSOURI What types of custody exist in Missouri?
  • Legal custody (decision-making)
  • Physical custody (where the child lives)
Both can be joint or sole.
MISSOURI How is child support calculated?
Missouri uses Form 14, which considers income, parenting time, healthcare costs, and childcare expenses.
ILLINOIS Does Illinois still use the term “custody”?
No. Illinois now uses allocation of parental responsibilities and parenting time.
ILLINOIS How does Illinois decide parenting time?
Based on the best interests of the child, including stability, cooperation, and each parent’s involvement.
ILLINOIS Can a child choose which parent to live with?
A child’s wishes may be considered, but no child decides custody outright.
ILLINOIS What happens if one parent violates the parenting schedule?
Courts can impose fines, modify parenting time, or hold the parent in contempt.
ILLINOIS How is child support calculated in Illinois?
Illinois may use an income shared model, considering both parents’ income and time with the child based on overnights.
ILLINOIS Does parenting time affect child support?
Yes. Overnights and shared parenting significantly impact calculations.
ILLINOIS Can child support be modified?
Yes, if there’s a substantial change in circumstances (job loss, income change, medical issues).

Special & High-Conflict Issues

Pregnancy, hidden assets, relocation, domestic violence, and enforcement.

MISSOURI Can I get divorced while pregnant in Missouri?
Yes, but courts may delay final custody decisions until after birth.
MISSOURI What if my spouse is hiding assets?
Courts can impose penalties, reopen judgments, and award additional property if concealment is proven.
MISSOURI Can I move out with my children during a divorce?
This can seriously impact custody. Always talk to an attorney before relocating.
MISSOURI Do I need a lawyer for an uncontested divorce?
Legally no—but mistakes can be costly and irreversible, especially with property and custody.
ILLINOIS What if there is domestic violence?
Illinois courts can issue Orders of Protection immediately and prioritize safety.
ILLINOIS Can I move out of state with my child after divorce?
Relocation may require court approval or parental agreement depending upon the mileage involved.
ILLINOIS What if my spouse won’t cooperate?
Courts can compel disclosure, enforce deadlines, and impose sanctions.
ILLINOIS Do I really need a lawyer if we “agree on everything”?
Many people think they agree—until tax consequences, retirement, or future enforcement becomes an issue.

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Disclaimer: The information on this website is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this website. Legal outcomes depend on the facts of each case. Consult a licensed attorney for legal advice regarding your specific situation.
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