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Backed by 120+ Years Collective Experience | Certified Mediators | Guardian ad Litem | Local Columbia Office
Gump, Faiella & Bugalski | Columbia Office: 1000 W. Nifong, Bldg 2, Suite 220B | 573- 818-2646
If you are considering divorce in Columbia or Boone County, whether you are filing, responding to a petition your spouse already filed, or trying to understand what the process actually looks like before you decide, Gump, Faiella & Bugalski can help you navigate it.
Most divorces in Missouri come down to four questions: how property and debt get divided, whether maintenance is appropriate, how custody and parenting time are structured if there are children, and how child support is calculated. The statutes that govern each piece are not particularly long. What makes a divorce complicated is how those four pieces interact with each other and with the specific facts of your marriage.
A retirement account that can be divided two different ways changes the maintenance analysis. A parenting plan that puts the children with one parent four nights a week changes the child support calculation. Treating each issue in isolation is how settlements end up unbalanced.
Our Columbia-based divorce lawyers handle divorces across the full range of complexity, from straightforward uncontested cases to contested cases involving business interests, retirement accounts, and significant property to be traced and divided.
Missouri is a no-fault divorce state. The legal grounds for divorce under RSMo § 452.305 is that the marriage is irretrievably broken. You do not have to prove your spouse did something wrong. You do not have to wait through a separation period to file. Either spouse can initiate the case at any time.
To file in Missouri, one spouse must have been a resident of the state for at least 90 days before filing. The case is filed in the circuit court of the county where either spouse lives. For Columbia residents, that means the 13th Judicial Circuit in Boone County.
Once a petition for dissolution is filed and served, Missouri imposes a mandatory 30-day waiting period under RSMo § 452.305.2 before a court can enter a final decree. The 30 days is a minimum, not a typical timeline. Even uncontested cases usually take longer because the parties still need to negotiate and document the terms. Contested cases routinely take six months to a year or more depending on the complexity and the court’s schedule.
The final decree resolves four substantive questions: division of marital property and debt, spousal maintenance, custody and parenting plans for any minor children, and child support. Each is decided under its own statutory framework, and each affects the others.
Missouri is an equitable distribution state under RSMo § 452.330. Marital property and marital debt are divided in proportions the court deems just. Just means fair. It does not mean 50/50.
The process happens in two stages. First, every asset and debt is classified as either marital or separate. Marital property is generally anything acquired during the marriage. Separate property includes anything one spouse owned before the marriage, plus four statutory categories: property received by gift, inheritance, or descent; property acquired in exchange for separate property; property acquired after a decree of legal separation; and property excluded by a valid prenuptial or postnuptial agreement (RSMo § 452.330.2).
Second, the court divides the marital portion. The statute names five factors the court must consider: economic circumstances of each spouse, contribution of each spouse to the acquisition of marital property (including contribution as a homemaker), value of separate property set apart to each spouse, conduct of the parties during the marriage, and custodial arrangements for any minor children. The list is non-exclusive, and two cases with similar asset spreadsheets can produce different divisions because the factors apply differently.
One feature of Missouri law surprises many clients: commingled property does not automatically lose its separate character. Under RSMo § 452.330.4, separate property does not become marital solely because it has been mixed with marital funds. Missouri is unusual in this regard, and an inheritance deposited into a joint account 15 years ago may still be recoverable as separate property with the right tracing. Property division also becomes permanent once the decree is entered (RSMo § 452.330.5). Unlike custody or support, it cannot be modified later. Getting the classification right the first time is essential.
For divorces involving substantial assets, the complex property division page goes deeper on business valuation, separate property tracing, retirement account division, and hidden asset discovery.
Maintenance, sometimes called alimony, is not automatic in Missouri. The court awards it only when the spouse seeking maintenance establishes two threshold facts under RSMo § 452.335: that they lack sufficient property to provide for their reasonable needs, and that they are unable to support themselves through appropriate employment.
When maintenance is appropriate, the court determines amount and duration based on ten statutory factors. The most consequential in practice are the financial resources of the spouse seeking maintenance (including property awarded in the divorce), the time and expense needed to acquire education or training, the standard of living established during the marriage, the duration of the marriage, the age and physical and emotional condition of the spouse seeking maintenance, the ability of the paying spouse to meet their own needs while paying maintenance, and the conduct of the parties during the marriage.
Maintenance can be modifiable or non-modifiable, with modifiable being the default unless the parties specifically agree otherwise. It can be for a defined period or for an indefinite period. After long marriages, particularly when one spouse has been out of the workforce for an extended period, longer-term maintenance is more common. After shorter marriages, maintenance is often denied entirely or limited to a short transitional period.
The interplay between property division and maintenance matters more than most clients realize. A spouse who receives a larger share of marital property may receive less maintenance, or none. A spouse who keeps a paid-off house but limited liquid assets may have a strong maintenance case the spouse with a brokerage account does not. Property and maintenance need to be negotiated as a complete package.
If you have minor children, every divorce in Missouri requires a parenting plan under RSMo § 452.310. Parents who agree on terms submit a joint plan. Parents who do not agree each submit their own, and the court chooses, modifies, or imposes one.
Missouri courts decide custody using the best-interest standard in RSMo § 452.375. The statute names eight factors the court must consider, covering the parents’ wishes, the child’s relationship with each parent, the child’s adjustment to home and school, the mental and physical health of everyone involved, whether either parent intends to relocate, and the child’s own input when the child is mature enough to express it free from coercion.
The 2023 amendment to RSMo § 452.375 added a layer that affects every custody case filed today. The court now presumes that equal or approximately equal parenting time is in the child’s best interest. The presumption is rebuttable. A parent who is going to argue for less than equal time, or more, carries the burden of presenting specific evidence that ties to the best-interest factors. This change has affected how custody cases are argued from the first filing forward.
For divorces involving significant disagreement about custody, the contested custody page covers the litigation track in detail. For a broader overview of custody mechanics, see our child custody page.
Missouri calculates child support using a formula called Form 14. The formula factors in both parents’ gross incomes, the number of children, adjustments for health insurance premiums, childcare costs, and other support obligations, and the parenting time allocation.
The math is straightforward. The judgment calls feeding into the math are not. For a self-employed parent, the line between business expenses and personal spending often blurs. Overtime income may need to be characterized as regular earnings or excluded as a temporary spike. Bonuses, commissions, and equity compensation each require analysis. The parenting time allocation, particularly under the 2023 equal-time presumption, directly affects the support number.
A Form 14 amount that is later determined to be unjust or inappropriate can be rebutted, but the rebuttal requires specific findings supported by evidence. Setting the inputs correctly the first time produces a more accurate number than fighting over the rebuttal later.
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The divorce cases that produce the worst outcomes are not the most contentious cases. They are the cases where one party assumed a piece of the analysis was simple and never actually looked at it. A parent who agreed to a parenting time split without running the Form 14 calculation. A spouse who took the marital home without understanding the tax consequences of selling it later. A retirement account that got divided based on the current balance instead of the marital portion. These are not contested issues. There are issues that did not get the right attention.
A common scenario we encounter is one spouse who managed the household finances throughout the marriage. When one partner controlled the books, paid the bills, and made the investment decisions for years, the other spouse often did not know what existed. The first step in those cases is a complete financial inventory, and it frequently turns up accounts, debts, or transfers the other spouse did not know about.
What often surprises clients is how much of the work happens before any negotiation begins. Classification of property, valuation of assets that need outside experts, current statements for every retirement account and credit obligation, and a clear factual record of how the marriage has actually functioned all come before the conversation about who gets what. Skipping that work and moving straight to negotiation is the most common reason a settlement turns out unbalanced.
In our experience, divorces that resolve cleanly tend to share a pattern: both parties have a clear picture of what is on the table, both have realistic expectations about how a judge would rule if the case went to trial, and both attorneys are doing the underlying work to support a settlement rather than performing for their respective clients. When those conditions are present, mediation or direct negotiation can resolve most cases without the cost and time of contested litigation.
Many divorce cases in Columbia resolve through mediation, either as the primary path to settlement or to resolve specific issues that would otherwise need a hearing. Our firm has three mediators on staff: Cassie J. Carpenter Bugalski, who is licensed to mediate all civil case types, and Jordan Hudspith and Benjamin Brammeier, who are certified specifically in family law mediation.
If your divorce involves contested child custody or visitation, Boone County requires mediation. Under 13th Judicial Circuit Local Rule 68.12, parties with unresolved custody or visitation issues must complete at least two hours of mediation with a trained professional before the court will set the case for trial. The 13th Circuit also offers the MARCH (Mediation Achieving Results for Children) program, which provides no-cost mediation for eligible families.
For more details on how mediation works and when it makes sense, see our family law mediation page.
Our Columbia family law team combines local Boone County practice with the resources and depth of a firm that handles silver divorce cases at volume.
Jordan focuses her practice on divorce, child custody, high-asset divorce, and mediation from our Columbia office. A certified mediator and Guardian ad Litem, she brings a track record in complex custody litigation and is admitted to practice in Missouri and Alabama and before the U.S. District Court for the Eastern District of Missouri.
Ben focuses his practice on divorce, custody, and property division from our Columbia office. A certified mediator and Guardian ad Litem, he brings disciplined preparation and deep familiarity with the Boone County court system to every case he handles. Ben is admitted to practice in Missouri.
Our Columbia family law team is supported by Cassie Bugalski, Adrienne Spiller, and the full Gump, Faiella & Bugalski team, giving clients access to the largest dedicated family law group in the Columbia area.
Our Columbia office serves clients throughout Boone County and the surrounding Mid-Missouri area, including Ashland, Hallsville, Centralia, and Harrisburg.
We also maintain our primary office at 110 North Fifth Street, Moberly, MO 65270, where our managing member and additional attorneys are based. Call 660-263-3100 for our Moberly office.
Gump, Faiella & Bugalski, LLC 1000 W. Nifong, Blvd Building 2, Suite 220B Columbia, MO 65203
Phone: 573-818-2646
Toll Free: 800-264-3455
Office Hours:
Monday – Thursday: 9 AM – 12 PM, 1 – 5 PM
Friday: 9 AM – 12 PM, 1 – 4 PM
Missouri imposes a mandatory 30-day waiting period between filing and the entry of a final decree under RSMo § 452.305.2. Uncontested cases where both parties agree on all terms can move relatively quickly once that period passes, often within a few months. Contested cases involving disputes over property, custody, or maintenance can take six months to a year or longer. The court’s schedule, the complexity of the issues, and whether mediation resolves the disputes all affect the timeline.
No. Missouri is an equitable distribution state under RSMo § 452.330. Equitable means fair, not necessarily equal. The court divides marital property in proportions it deems just, considering five statutory factors plus any other relevant circumstances. In practice, divisions are often near 50/50, but the court has discretion to award a larger share to one spouse based on the statutory factors.
No. Missouri is a no-fault state. The legal grounds for divorce is that the marriage is irretrievably broken. You do not have to prove fault, misconduct, or a period of separation to file. Either spouse can initiate the case. However, conduct during the marriage is one of the factors the court can consider when dividing marital property under RSMo § 452.330.1, so misconduct can still affect the outcome even though it is not required for the divorce itself.
In an uncontested divorce, both spouses agree on all the issues: property division, debts, custody, parenting plans, child support, and maintenance. The parties submit their agreement to the court, and a judge reviews and approves it. In a contested divorce, the parties cannot agree on one or more issues, and the court must decide. A case can be partially contested, with the parties agreeing on some issues and asking the court to resolve others.
Maintenance is not automatic in Missouri. The spouse seeking maintenance must show under RSMo § 452.335 that they lack sufficient property to provide for their reasonable needs and that they are unable to support themselves through appropriate employment. If those thresholds are met, the court considers ten statutory factors to determine amount and duration. After short marriages, maintenance is often denied or limited. After long marriages, particularly when one spouse has been out of the workforce, longer-term maintenance is more common.
The marital home is usually the largest single marital asset and often the most emotionally significant. Three common approaches are awarding the home to one spouse with an offset of other marital assets, selling the home and dividing the proceeds, or deferring sale when minor children are involved. The right choice depends on the equity available, the parties’ financial circumstances, and the custodial arrangement. The decision also has tax and cash-flow implications that should be analyzed before it is made.
Missouri uses a formula called Form 14, which factors in both parents’ gross incomes, the number of children, the parenting time allocation, health insurance costs, childcare expenses, and other support obligations. The math is consistent statewide, but the income figures and parenting time numbers that feed into the calculation require careful attention, especially for self-employed parents, parents with variable income, or arrangements close to equal parenting time.
No. An attorney can represent only one party in a divorce. If you and your spouse have reached an agreement and want a streamlined process, one of you can hire an attorney to draft the agreement, and the other can proceed without representation (sometimes called pro se), but the attorney represents only the hiring client. Mediation is a different path: a neutral mediator helps both parties reach an agreement, but the mediator is not anyone’s attorney. Each party can still consult independent counsel during mediation, and often should.
Timelines vary based on complexity. If both spouses agree on terms, the process can move relatively quickly after Missouri’s mandatory 30-day waiting period. Contested cases involving retirement account valuations, maintenance disputes, and property tracing can take six months to a year or longer. Cases that require multiple QDROs or business valuations tend to be on the longer end.
Whether you are starting to think about divorce, you have just been served with a petition, or you are deep into a contested case and need to change direction, the right starting point is a clear understanding of what is on the table and what the law says about it. Gump, Faiella & Bugalski’s Columbia family law team can help you build that picture and decide how to proceed.
Call our Columbia office at (573) 818-2646 or request a consultation to discuss your situation. Family law consultations involve a fee, which goes toward a detailed review of your case and your options.
Gump, Faiella & Bugalski, LLC 1000 W. Nifong, Building 2, Suite 220B Columbia, MO 65203
This page is for informational purposes only and does not constitute legal advice. Every family law case involves unique circumstances. For advice specific to your situation, contact Gump, Faiella & Bugalski at 573-818-2646
