Missouri Divorce Petition

Filing for Dissolution of Marriage in Missouri

Missouri does not use the word 'divorce' in its statutes. The action is a dissolution of marriage, and the spouses are the Petitioner and the Respondent. Before you can file, one spouse must satisfy the residency rule in RSMo section 452.305.1(1). That person must have lived in Missouri, or been stationed here as a member of the armed services, for 90 days immediately preceding the commencement of the proceeding. Missouri imposes no separation requirement, so you do not have to live separate and apart before filing.

The Sole Ground: Irretrievable Breakdown

Missouri is a pure no-fault state. The only ground the court recognizes is that 'there remains no reasonable likelihood that the marriage can be preserved and therefore the marriage is irretrievably broken' (RSMo sections 452.305.1(2), 452.320). Marital misconduct such as adultery, abandonment, or cruelty is never itself a ground, though a court may weigh it when dividing property or setting maintenance. Separation periods surface only if the Respondent actually denies that the marriage is irretrievably broken. RSMo section 452.320.2 then lets the Petitioner prove breakdown through 12 months of living apart by mutual consent, or 24 months without it.

The Caption and Court

Your petition is captioned in the Circuit Court of the county where venue lies, styled In re the Marriage of [Petitioner] and [Respondent], and heard in the Family Court division in counties that maintain one. You file a Petition for Dissolution of Marriage together with a Summons. The filing fee is approximately $163, varying by county and typically ranging from $150 to $200. Service on the Respondent follows the Missouri Rules of Civil Procedure, by personal service from the sheriff or a special process server, or by waiver through an entry of appearance.

What the Petition Actually Pleads

A complete Missouri petition does more than allege breakdown. It sets out each item of relief the court is asked to decree:

• Division of property under RSMo section 452.330, where the Petitioner asks the court to set apart each spouse's separate property and to divide the marital property by equitable distribution, in proportions the court deems just. Missouri is not a community-property state, so 'fair' does not guarantee a 50/50 split.
• Allocation of marital debts incurred during the marriage between the parties.
• Maintenance, a request for spousal support under RSMo section 452.335 where need and the other spouse's ability to pay warrant it.
• Restoration of a former name in the decree, if the Petitioner requests it.
• The prayer for relief, a closing request that the court enter a Judgment and Decree of Dissolution of Marriage. Under RSMo section 452.305.1, no dissolution may be granted until 30 days after the petition is filed, even in an uncontested case.

Getting Started

Because Missouri's residency, 30-day waiting, and no-fault rules are precise, an accurate first pleading keeps your case moving. You can prepare your Missouri-specific Petition for Dissolution of Marriage here: (/legal-document/divorce-petition). Confirm your county's Circuit Court fee and local Family Court cover-sheet requirements before filing.