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Missouri Divorce Petition

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Introduction

The Petition for Dissolution of Marriage is Missouri's formal legal pleading, the document one spouse files to open a case and ask a circuit judge to legally end the marriage. Missouri law never calls the action a 'divorce'; the statutory term is 'dissolution of marriage,' which is why the opening form carries that name. Before filing, one party must have been a resident of Missouri, or stationed here as a member of the armed services, for 90 days immediately preceding the commencement of the proceeding (RSMo section 452.305.1(1)). Missouri is a pure no-fault state, so the only ground 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). You file the petition, along with a Summons, in the Circuit Court, and the spouses are named the Petitioner and the Respondent. No dissolution can be granted until 30 days after the petition is filed (RSMo section 452.305.1).

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Key Things to Know

  1. 1

    Definition: In Missouri a divorce petition is called a Petition for Dissolution of Marriage, the formal pleading one spouse files with the Circuit Court to begin the case and ask a judge to dissolve the marriage rather than 'divorce' it.

  2. 2

    Residency: at least one spouse must have lived in Missouri, or been stationed here in the armed services, for 90 days immediately preceding the commencement of the proceeding (RSMo section 452.305.1(1)).

  3. 3

    Waiting period: the court cannot grant a dissolution until 30 days have passed after the petition is filed (RSMo section 452.305.1), even when both spouses agree.

  4. 4

    Grounds: Missouri is pure no-fault, and the sole ground is that the marriage is irretrievably broken with no reasonable likelihood it can be preserved (RSMo sections 452.305.1(2), 452.320). Marital misconduct is not a ground, though it can affect property division and maintenance.

  5. 5

    No separation required: you do not have to live separate and apart before filing. Separation of 12 months by mutual consent, or 24 months, matters only as proof of irretrievable breakdown if the Respondent denies the marriage is broken (RSMo section 452.320.2).

  6. 6

    Property: Missouri uses equitable distribution of marital property under RSMo section 452.330, a fair but not necessarily equal split, not community property.

  7. 7

    Forms, court, and fee: file the Petition for Dissolution of Marriage with a Summons in the Circuit Court, in the Family Court division where a county has one, and expect a filing fee of roughly $163 (it varies by county, typically $150 to $200).

Key decisions before you file

Before you file a Divorce Petition in Missouri, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

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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.

Missouri Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: One party must have been a resident of Missouri (or stationed in Missouri as a member of the armed services) for 90 days immediately preceding the commencement of the proceeding....

Residency (County)

Must file in the correct county Circuit Court Family Court.

Grounds for Divorce

Must properly plead grounds: Pure no-fault. The sole ground is that 'there remains no reasonable likelihood that the marriage can be preserved and therefore the marriage is irretrievably broken' , RSMo §§ 452.305.1(2), 452.320.....

Waiting Period

Mandatory waiting period: 30 days. No dissolution may be granted until 30 days after the petition is filed , RSMo § 452.305.1..

Required Forms

Must file correct state forms: Petition for Dissolution of Marriage and Summons..

Property Division

Property is divided according to: Equitable distribution (not community property) of marital property , RSMo § 452.330. laws.

Filing Fee

Filing fee is typically Approximately $163 (varies by county; typically $150,$200). unless waived.

Service of Process

The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition is the written pleading one spouse files with the court to open a divorce case and ask a judge to legally end the marriage. In Missouri this document is titled a Petition for Dissolution of Marriage, the filing spouse is the Petitioner, and the other spouse is the Respondent.

There is no practical difference. 'Divorce' is the everyday word, while 'dissolution of marriage' is Missouri's statutory term for the same court case. The petition is simply the document that starts it, so in Missouri you file a Petition for Dissolution of Marriage to obtain what most people call a divorce.

In Missouri, one party must have been a resident of the state, or stationed here as a member of the armed services, for 90 days immediately preceding the commencement of the proceeding (RSMo § 452.305.1(1)). Only one spouse needs to meet this requirement.

Missouri is a pure no-fault state. The sole ground is that 'there remains no reasonable likelihood that the marriage can be preserved and therefore the marriage is irretrievably broken' (RSMo §§ 452.305.1(2), 452.320). Marital misconduct is not a ground, though a court may consider it when dividing property or setting maintenance.

No. Living separate and apart is not required before filing. Separation of 12 months by mutual consent, or 24 months, becomes relevant only as proof that the marriage is irretrievably broken if the Respondent denies the breakdown (RSMo § 452.320.2).

The court cannot grant a dissolution until 30 days after the petition is filed (RSMo § 452.305.1). That 30-day waiting period is the statutory minimum, and contested cases involving property, support, or children usually take longer.

The filing fee is typically about $163, though it varies by county and generally falls between $150 and $200. Low-income filers can ask the court for a fee waiver.

Missouri follows equitable distribution of marital property, not community property (RSMo § 452.330). The court divides marital property in a way it considers fair, weighing factors such as each spouse's economic circumstances and contributions, so the result is not automatically a 50/50 split.