Settlement is Reached – How Do We Get Divorced?
Allison Gerli • January 1, 2020
Reaching an agreement with your spouse is only step one in the process of getting divorced or legally separated.
Whether you are able to resolve your case through mediation or by you and your spouse working things out without mediation or attorneys (sometimes referred to as a kitchen table divorce), it is important to understand the steps that come next.
Drafting and Reviewing of the Agreements.
The mediator or an attorney representing one spouse usually prepares documents that detail the settlement that you have reached. Both spouses will have the opportunity to review the documents with attorneys and address any changes. If there are children, there will be a parenting plan, outlining schedules, decision-making and financial terms. There is a document called a Separation Agreement that outlines your terms related to the division of property, debt, and spousal support (maintenance), if any.
Initial Filing.
One spouse must file the papers in court in order to begin the legal process. The person filing is called Petitioner and the other spouse is called Respondent. Petitioner files a Petition for Dissolution of Marriage, Income and Expense Statement, Statement of Property, and a Certificate of Dissolution of Marriage. One spouse should retain an attorney to prepare and file the documents required to initiate and finalize the dissolution process. This attorney is not an attorney who can assist both of you. If the other party chooses, he or she may have an attorney, often just to review and advise on the settlement.
Filing Fee and Costs.
The spouse who files must pay a filing fee to the court. It varies depending upon the county in which the divorce is filed; it is in the neighborhood of $150.00.
Service.
In order to establish with the court the fact that Respondent has notice of the lawsuit, Respondent must be “served” or waive service. Service in a lawsuit is usually achieved by a sheriff or a process server bringing the papers directly to the person at work or home. When a couple is working together to accomplish the divorce, either an attorney can accept service on behalf of Respondent or Respondent can sign a document acknowledging receipt of the court papers and waiving service. If an attorney accepts the papers, the attorney files what is called an Entry of Appearance with the Court. The document the Respondent will sign is called a Waiver of Service of Summons and Entry of Appearance. The court must have confirmation of service or the Waiver to proceed with the divorce.
Answer.
After the Petition is served, Respondent may file an Answer to the Petition, which is the person’s response to the Petition. If no action is taken by Respondent, Respondent is in default. The Answer is due 30 days after the service of the Petition (or the filing of the entry by an attorney or the waiver). Respondent may file not only an answer to the Petition, but may also file his or her own Petition, called a Counter-Petition. This must be answered by Petitioner within 30 days. In a case where all agreements have been reached before the case is filed, Respondent may choose not to file an Answer because Petitioner, through an attorney, is going to take the responsibility to process the settlement documents with court.
Mandatory Parenting Class.
If you have children who are under 19, there is a required class for parents involved in most family law matters. Most of the judges will not sign the settlement documents until both parents have taken it. It can be taken before the case is filed.
Settlement Documents.
This will include the Judgment for Dissolution or Legal Separation, Separation Agreement, Parenting Plan and Form 14 Child Support Calculation (if children involved), and Affidavits signed by both spouses. The Affidavit is what permits you to avoid going to court and appearing before a judge to testify.
30-Day Wait Period.
The settlement documents cannot be submitted to the court for signing by a judge until after a 30-day period following the date that service was achieved on Respondent (i.e. Respondent’s Waiver was filed with the court or an attorney filed his or her Entry of Appearance on behalf of Respondent). After that time has passed, the settlement documents can be submitted to the court for signing by the judge. The documents are filed with the court electronically. Depending on the judge, it may take a few days or longer before the judgment is signed. The waiting period does not prohibit you from starting to abide by your agreements and your settlement paperwork can include specific starting dates for all of the terms to go into effect.
Judgment is Entered.
You are divorced or legally separated on the date that the judge signs. The signed judgment will come to the attorneys electronically. Later the attorneys receive a certified copy, which you may need in order to take care of some of the follow up on the division of property. A judgment is not considered “final” for an additional thirty days, though that 30-day period does not impact you moving forward.
If you are interested in learning more about the divorce process, the attorneys at The Center for Family Law would be happy to talk with you. To schedule a consultation, go here or call (314) 721-8844.
We are proud to share that the Center for Family Law ha s received the Gerald R. Ortbals Law Practice Award at the 2026 For the Common Good Awards, presented by Legal Services of Eastern Missouri (LSEM). The ceremony was held in August at the Ritz-Carlton, bringing together the region's legal community to celebrate outstanding contributions to access to justice. A Firm-Wide Commitment to Pro Bono Service The Ortbals Award recognizes The Center for Family Law's longstanding dedication to pro bono service. The firm's attorneys have consistently been among LSEM's most active, reliable, and supportive partners for family law referrals. Family law cases are rarely simple. They often sit at the intersection of a client's safety, stability, and the wellbeing of their family. The attorneys who take on this work do so knowing the stakes are personal and the outcomes matter deeply to the people they represent. While LSEM has previously honored individual attorneys from the firm for their pro bono contributions, this year's award is different: it celebrates The Center for Family Law as a whole. It reflects a culture, built over more than two decades, where taking on complex, often difficult family law matters for clients who could not otherwise afford representation isn't the exception, it's the norm. That kind of consistency does not happen by accident. It is the result of firm leadership prioritizing pro bono work, attorneys stepping up case after case, and a shared belief that access to skilled legal counsel in family law matters shouldn't depend on a client's ability to pay. Thank you LSEM for this honor !
We're delighted to announce that our attorneys' hard work and commitment to clients has once again been recognized by their peers. This year, four members of The Center for Family Law team have earned spots in the 2027 edition of Best Lawyers. Ann Bauer - Best Lawyers list for family law, family law mediation, and collaborative law (family law). This marks Ann's 13th year on the list. Allison Gerli - Best Lawyers list for family law, family law mediation, and collaborative law (family law). This is Allison's 4th year of recognition. Kristen Sparks - Named to the Best Lawyers "Ones to Watch" list for family law, family law arbitration & mediation, and alternative dispute resolution. This is Kristen's 2nd year being honored. Hallie Van Duren - Named to the Best Lawyers list for family law, family law mediation, and collaborative law (family law). This is Hallie's 3rd year of recognition. In addition, The Center for Family Law itself has been named a Best Law Firm for 2027 in St. Louis as Tier 1 for Family Law and Family Law Mediation. About Best Lawyers Since 1983, Best Lawyers has stood as one of the most trusted guides to legal excellence. Attorneys featured in The Best Lawyers in America are nominated and reviewed by their peers based on professional skill, and each undergoes a thorough verification process confirming they are actively practicing and in good standing. About The Center for Family Law. Founded in 2013, The Center for Family Law offers full-service representation across all areas of family law, guided by a philosophy of partnership with clients and fellow professionals. We believe an attorney's role is to work alongside clients — helping them understand their options and giving them the knowledge and confidence to make sound decisions for their future. To schedule a consultation, click here .
The Center for Family Law celebrates Courtney Green's recognition at the 2026 Missouri Lawyers Media Women’s Justice Awards in the Mentor category, recognizing her outstanding contributions to the legal profession and her commitment to the development of attorneys starting their careers. The 28th annual Women’s Justice Awards on April 16, 2026 celebrated women across Missouri who exemplify leadership, integrity, service, and excellence in advancing the quality of justice. Honorees are selected from diverse sectors of the legal community, including private practice, the judiciary, public service, academia, and nonprofit leadership. The Mentor Award is presented to experienced legal professionals who have played a meaningful role in shaping the careers of emerging attorneys. Throughout Courtney's career, which she has spent with The Center for Family Law, she has demonstrated a deep dedication to mentorship, offering guidance, encouragement, and opportunities to those entering the profession, both in and out of the firm. Courtney has been devoted to fostering professional growth and helping cultivate the confidence and skills of future leaders in the law. Please join us in congratulating Courtney on this well-deserved recognition. We are honored to have her as part of our firm and grateful for the example she sets within our profession and community.