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Petition for Dissolution of Marriage: A Comprehensive Guide for Complex Divorces

Navigate the divorce process with confidence. Learn how to properly file a Petition for Dissolution of Marriage when dealing with significant assets, business ownership, and child custody matters.

Introduction

A Petition for Dissolution of Marriage is the formal legal document that initiates the divorce process. This document is particularly important for couples with complex financial situations, business interests, or those with minor children. When you file this petition, you're officially asking the court to end your marriage and address critical matters such as property division, spousal support, child custody, and child support. For long-term marriages with accumulated assets, business ownership interests, or families with children, understanding this document is essential to protecting your rights and ensuring a fair resolution to your marriage.

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Key Things to Know

  1. 1

    Filing a Petition for Dissolution of Marriage officially starts the divorce process and establishes the date of separation, which can be important for determining property rights.

  2. 2

    For business owners, how you characterize your business in the initial petition can impact later negotiations, so consult with both a divorce attorney and business attorney before filing.

  3. 3

    Long-term marriages often result in more equal division of assets and potentially longer-term spousal support, regardless of who earned more during the marriage.

  4. 4

    Child custody requests should focus on the children's best interests rather than parental preferences to be most effective with the court.

  5. 5

    The petition is just the beginning - be prepared for a lengthy process involving financial disclosures, valuations, negotiations, and potentially court hearings.

  6. 6

    Consider temporary orders for support, custody, and property use during the divorce process, which can be requested alongside your initial petition.

  7. 7

    Professional valuations for businesses, real estate, and complex assets are almost always necessary and should be budgeted for as part of your divorce expenses.

  8. 8

    Tax implications of property division and support arrangements should be considered before finalizing any divorce agreement.

Key decisions before you file

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

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Missouri Requirements for Petition for Dissolution of Marriage

  • Residency Requirement (Missouri Revised Statutes § 452.305)

    At least one spouse must have been a resident of Missouri for at least 90 days immediately preceding the filing of the petition.

  • Venue (Missouri Revised Statutes § 452.300)

    The petition must be filed in the county where either the petitioner or respondent resides.

  • Irretrievable Breakdown (Missouri Revised Statutes § 452.305)

    The petition must allege that the marriage is irretrievably broken, which is Missouri's no-fault ground for divorce.

  • Personal Information (Missouri Revised Statutes § 452.310)

    The petition must include the names, addresses, and dates of birth of both spouses, as well as the date and place of marriage.

  • Children of the Marriage (Missouri Revised Statutes § 452.310)

    The petition must state the names, ages, and addresses of any children born of the marriage, adopted children, or children born to the parties before the marriage.

  • Child Custody Jurisdiction (Missouri Revised Statutes § 452.480)

    The petition must comply with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), including information about children's residences for the past five years.

  • Property Division (Missouri Revised Statutes § 452.330)

    The petition must include a statement regarding marital and non-marital property and propose a fair division of marital property and debts.

  • Maintenance (Alimony) (Missouri Revised Statutes § 452.335)

    If maintenance is sought, the petition must include a request for it and the basis for the request.

  • Child Support (Missouri Revised Statutes § 452.340)

    For cases involving minor children, the petition must address child support in accordance with the Missouri Child Support Guidelines.

  • Parenting Plan (Missouri Revised Statutes § 452.310(8))

    A proposed parenting plan must be filed within 30 days after service of the petition or filing of an entry of appearance, whichever occurs first.

  • Financial Disclosure (Missouri Supreme Court Rule 88.01)

    Both parties must file a Statement of Property and a Statement of Income and Expenses.

  • Social Security Numbers (Missouri Revised Statutes § 452.312)

    Social Security Numbers must be provided but filed separately on a confidential form to protect privacy.

  • Military Service (50 U.S.C. § 3901-4043)

    The petition must state whether either spouse is a member of the armed forces to comply with the Servicemembers Civil Relief Act.

  • Name Change (Missouri Revised Statutes § 452.100)

    If a spouse wishes to restore a former name, this request must be included in the petition.

  • Health Insurance for Children (Missouri Revised Statutes § 454.603)

    The petition must address health insurance coverage for any minor children of the marriage.

  • Domestic Violence Protection (Missouri Revised Statutes § 452.375)

    If applicable, the petition should address any history of domestic violence and request appropriate protective provisions.

  • Tax Dependency Exemptions (Missouri Revised Statutes § 452.340)

    The petition should address allocation of tax dependency exemptions for minor children.

  • Retirement Benefits (29 U.S.C. § 1056(d)(3))

    The petition must address division of retirement accounts and pension benefits, which may require a Qualified Domestic Relations Order (QDRO).

  • Alternative Dispute Resolution (Missouri Supreme Court Rule 88.02)

    In many Missouri circuits, the petition must acknowledge mandatory mediation requirements for contested custody matters.

  • Filing Fees or Fee Waiver (Missouri Revised Statutes § 514.040)

    The petition must be accompanied by filing fees or an application for waiver of fees if the petitioner cannot afford them.

Frequently Asked Questions