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Getting Divorced in Missouri: A Legal Guide

Missouri divorce proceedings require at least one spouse to have been a resident for 90 days before filing, and follow equitable distribution principles for dividing marital property. The process typically takes at least 30 days from filing to finalization, though contested divorces involving children or significant assets may take considerably longer.

Missouri is a "no-fault" divorce state, meaning you don't need to prove wrongdoing to end your marriage, but understanding the specific requirements and procedures can significantly impact your financial future and parental rights.

Key Considerations

Long-term Married Couples with Significant Assets

Scenarios

Decisions

Business Owners

Scenarios

Decisions

Long-Term Marriage Partners with Significant Assets

Scenarios

Decisions

Parents with Minor Children

Scenarios

Decisions

Relevant Documents

Child Support Worksheet

This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.

Final Decree of Divorce

This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.

Financial Disclosure Declaration

Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.

Marital Settlement Agreement

This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.

Parenting Plan

If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.

Qualified Domestic Relations Order (QDRO)

This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.

Response to Petition for Dissolution

If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.

Summons

This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.

Wage Withholding Order

This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.

Relevant Laws

Missouri Revised Statutes § 452.300-452.415 - Dissolution of Marriage

These statutes establish the legal framework for divorce (called 'dissolution of marriage' in Missouri). They outline the grounds for divorce (Missouri is a 'no-fault' state, meaning you only need to state the marriage is 'irretrievably broken'), residency requirements (at least one spouse must be a Missouri resident for 90 days before filing), and the overall process for obtaining a divorce in Missouri.

Missouri Revised Statutes § 452.330 - Division of Marital Property

Missouri follows 'equitable distribution' principles when dividing marital property in a divorce. This means property is divided fairly but not necessarily equally. The court considers factors including each spouse's economic circumstances, contribution to acquiring property, value of non-marital property, and conduct during the marriage when determining property division.

Missouri Revised Statutes § 452.340 - Child Support

This statute governs child support obligations in Missouri divorces. Missouri uses specific guidelines to calculate child support based on both parents' incomes, the number of children, childcare costs, health insurance expenses, and other relevant factors. The court can deviate from these guidelines if it finds them unjust or inappropriate in specific circumstances.

Missouri Revised Statutes § 452.375 - Child Custody and Parenting Time

Missouri courts determine child custody based on the 'best interests of the child' standard. This statute outlines the factors courts consider when making custody decisions, including the child's relationship with each parent, each parent's willingness to encourage a relationship with the other parent, the child's adjustment to home and community, and the mental and physical health of all parties involved.

Missouri Revised Statutes § 452.335 - Maintenance (Alimony)

This statute covers spousal maintenance (alimony) in Missouri divorces. Courts may award maintenance if a spouse lacks sufficient property to provide for reasonable needs and cannot support themselves through appropriate employment. Factors considered include the duration of the marriage, standard of living during marriage, age and health of both parties, and each spouse's earning capacity.

Missouri Supreme Court Rule 88 - Discovery in Domestic Relations Cases

This court rule governs the discovery process in Missouri divorce cases, requiring both parties to disclose relevant financial information. Each spouse must complete a Statement of Property, Income and Expense form, and exchange documentation about assets, debts, income, and expenses to ensure transparency in property division and support determinations.

Regional Variances

Major Metropolitan Areas

St. Louis County has specialized family courts with specific local rules. Divorce cases are typically assigned to the Family Court Division, and the county requires mandatory mediation for custody disputes before trial. The county also has specific financial disclosure requirements that may be more detailed than other Missouri jurisdictions.

Jackson County has its own set of local court rules for divorce proceedings. The county requires parties to attend a parenting program if minor children are involved. Additionally, Jackson County may have longer processing times due to higher case volumes, and uses a specific case management system that differs from other counties.

Greene County requires mandatory mediation for all contested divorce cases, not just those involving custody disputes. The county also has specific local rules regarding temporary motions and financial disclosure statements that may differ from other jurisdictions in Missouri.

Rural Counties

Many rural counties in Missouri have more limited court schedules, with some circuit courts only hearing family law cases on specific days of the month. This can result in longer timeframes for divorce proceedings. Additionally, these counties may have fewer resources for mediation services, potentially requiring parties to travel to neighboring counties for court-ordered mediation.

Some rural areas in Missouri are part of judicial circuits that cover multiple counties, with judges traveling between courthouses. This can affect scheduling and may result in different procedural expectations depending on which courthouse within the circuit is handling your case.

Border Regions

Counties along the Kansas border (like Platte, Buchanan, and Jasper) may have specific procedures for handling interstate divorce issues, particularly for couples who lived in both states or have property in both states. These counties may have more experience with applying the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) for cross-border custody matters.

Eastern border counties (like St. Louis, Jefferson, and Cape Girardeau) often deal with interstate divorce issues with Illinois. These counties may have specific procedures for handling cases where one spouse lives across the Mississippi River, including special considerations for service of process and enforcement of judgments across state lines.

Suggested Compliance Checklist

Understand Missouri Divorce Requirements

1 days after starting

Before filing for divorce in Missouri, ensure you meet the residency requirement: at least one spouse must have been a resident of Missouri for at least 90 days before filing. Missouri is a 'no-fault' divorce state, meaning you only need to cite that the marriage is 'irretrievably broken' without proving fault. Understanding these basics will help you navigate the process more effectively.

Gather Important Financial and Personal Documents

7 days after starting

Collect all relevant financial documents including bank statements, tax returns, pay stubs, retirement account statements, property deeds, vehicle titles, insurance policies, and debt information. Also gather personal documents such as marriage certificates, social security cards, and birth certificates for you and any children. Having these documents organized will make completing required financial disclosures much easier.

Draft Petition for Dissolution of Marriage

14 days after starting

This is the formal document that initiates the divorce process. In Missouri, it must include basic information about both spouses, marriage date, confirmation of residency requirements, grounds for divorce (typically 'irretrievably broken'), and your requests regarding property division, debt allocation, spousal support, child custody, and child support if applicable. You can file this yourself or with an attorney's assistance.

Document: Petition for Dissolution of Marriage

File Petition and Pay Filing Fee

15 days after starting

File your petition with the circuit court in the county where either you or your spouse resides. Missouri filing fees typically range from $150-$300 depending on the county. If you cannot afford the filing fee, you can apply for a fee waiver by filing an 'In Forma Pauperis' application with the court.

Serve Divorce Papers (Summons)

20 days after starting

After filing, your spouse must be legally notified of the divorce action through a process called 'service of process.' This involves delivering a copy of the petition and a summons to your spouse. In Missouri, this can be done through the sheriff's office, a private process server, or by certified mail with return receipt. Your spouse will have 30 days to respond after being served.

Document: Summons

Respond to Petition (if you're the respondent)

30 days after starting

If you've been served divorce papers, you must file a response within 30 days. Your response should address each paragraph of the petition, stating whether you agree or disagree with each claim. If you fail to respond, the court may grant a default judgment giving your spouse everything requested in the petition.

Document: Response to Petition for Dissolution

Complete Financial Disclosure Declaration

45 days after starting

Missouri requires both spouses to complete and exchange detailed financial disclosure forms. This includes a Statement of Property (listing all assets and debts) and an Income and Expense Statement. Be thorough and honest—deliberately hiding assets can result in penalties from the court. These disclosures help determine fair division of property and appropriate levels of support.

Document: Financial Disclosure Declaration

Attend Case Management Conference

60 days after starting

Many Missouri courts require an initial case management conference where procedural issues are discussed and a timeline for the case is established. Both parties typically must attend. The judge may also use this opportunity to encourage settlement discussions and may refer the case to mediation.

Participate in Mediation (if ordered or by agreement)

75 days after starting

Many Missouri courts require mediation for divorcing couples, especially when children are involved. A neutral mediator will help you and your spouse try to reach agreements on contested issues. Even if not required, mediation can save time and money compared to litigation. You can still consult with an attorney before agreeing to any terms in mediation.

Draft Marital Settlement Agreement

90 days after starting

This document details how you and your spouse will divide all marital property and debts. It should address division of real estate, vehicles, bank accounts, retirement accounts, household items, and all debts. Be specific about who gets what and who pays which debts. If you reach agreement on all issues, this can significantly streamline your divorce process.

Document: Marital Settlement Agreement

Create Parenting Plan (if children involved)

90 days after starting

Missouri law requires a detailed parenting plan in all cases involving minor children. This plan must address legal custody (decision-making authority), physical custody (where children will live), visitation schedules for holidays and school breaks, transportation arrangements, and communication between parents. The plan should prioritize the best interests of the children.

Document: Parenting Plan

Complete Child Support Worksheet

90 days after starting

Missouri uses the 'Income Shares' model for calculating child support, which considers both parents' incomes and the number of overnight visits with each parent. The Form 14 Child Support Amount Calculation Worksheet must be completed to determine the presumed child support amount. The court may adjust this amount based on specific circumstances.

Document: Child Support Worksheet

Prepare QDRO if Dividing Retirement Accounts

100 days after starting

If you're dividing retirement accounts like 401(k)s or pensions, you'll need a Qualified Domestic Relations Order (QDRO). This specialized court order instructs retirement plan administrators how to divide the accounts. Each retirement plan may have specific requirements for QDROs, so consider consulting with a financial advisor or attorney who specializes in QDROs.

Document: Qualified Domestic Relations Order (QDRO)

Attend Final Hearing

120 days after starting

If your divorce is contested (you and your spouse disagree on issues), you'll need to attend a trial where a judge will make decisions on unresolved matters. If your divorce is uncontested (you've agreed on everything), you'll attend a brief hearing where the judge reviews your agreement and finalizes the divorce. Bring copies of all agreements and financial disclosures to this hearing.

Obtain Final Decree of Divorce

125 days after starting

After the judge approves your divorce, you'll receive a Final Decree of Dissolution of Marriage. This official document terminates your marriage and contains all court orders regarding property division, debt allocation, spousal maintenance, child custody, and child support. Keep this document in a safe place as you may need it for future legal or financial matters.

Document: Final Decree of Divorce

Implement Wage Withholding for Child Support

135 days after starting

If child support is ordered, Missouri typically requires automatic wage withholding. The court will issue a Wage Withholding Order to the paying parent's employer, who will deduct the support amount from paychecks and forward it to the Missouri Family Support Payment Center. This ensures consistent payments and proper record-keeping.

Document: Wage Withholding Order

Update Personal Records and Accounts

150 days after starting

After your divorce is finalized, update your personal records and accounts. This includes changing your name (if applicable) on your driver's license, social security card, passport, bank accounts, credit cards, insurance policies, and other important documents. Also update beneficiary designations on life insurance policies and retirement accounts.

Comply with Ongoing Court Orders

Ongoing days after starting

Ensure you comply with all ongoing court orders regarding property transfers, debt payments, spousal maintenance, child support, and custody arrangements. Failure to comply can result in contempt of court charges, fines, or even jail time. If circumstances change significantly, you may need to petition the court to modify certain orders rather than simply not following them.

Frequently Asked Questions

To file for divorce in Missouri, either you or your spouse must have been a resident of the state for at least 90 days before filing. The petition must be filed in the county where either you or your spouse resides. This residency requirement ensures the Missouri courts have jurisdiction over your divorce case.

Yes, Missouri is a 'no-fault' divorce state. This means you can file for divorce based on the grounds that the marriage is 'irretrievably broken,' and you don't need to prove that either spouse was at fault for the breakdown of the marriage. However, Missouri also allows fault-based grounds, though these are rarely used since no-fault divorce is simpler.

Missouri follows 'equitable distribution' laws, which means marital property is divided fairly but not necessarily equally. The court considers factors such as each spouse's economic circumstances, contribution to acquiring property, value of non-marital property, and conduct during the marriage. Property acquired before marriage or by gift or inheritance typically remains separate property unless it has been commingled with marital assets.

Missouri courts determine custody based on the 'best interests of the child.' Judges consider factors including the child's relationship with each parent, home stability, parents' wishes, child's adjustment to home/school/community, mental and physical health of all parties, and each parent's willingness to foster a relationship with the other parent. Missouri courts generally favor arrangements that allow both parents to have meaningful involvement in their children's lives.

Missouri uses the 'Income Shares Model' to calculate child support, which considers both parents' incomes and the number of children. The calculation takes into account costs like health insurance, childcare expenses, and other extraordinary needs. The Missouri Supreme Court provides a Form 14 worksheet that must be completed to determine the presumed child support amount, though courts can deviate from this amount if they find it unjust or inappropriate.

Yes, Missouri courts may award spousal maintenance (alimony) if one spouse lacks sufficient property to provide for reasonable needs and cannot support themselves through appropriate employment. Courts consider factors such as the financial resources of each spouse, time needed for education/training, standard of living during marriage, marriage duration, age, physical/emotional condition, and the paying spouse's ability to meet their own needs while paying maintenance.

In Missouri, there is a mandatory 30-day waiting period after filing before a divorce can be finalized. Uncontested divorces (where spouses agree on all issues) can typically be completed within 1-3 months. Contested divorces may take 6 months to over a year, depending on the complexity of issues, court schedules, and the level of conflict between spouses.

While you're not legally required to have a lawyer for a Missouri divorce, it's highly recommended, especially if your case involves children, significant assets, or disputes. If your divorce is uncontested and relatively simple, you might consider using the self-help forms provided by Missouri courts. However, even in amicable situations, having an attorney review your agreement can help protect your rights and ensure you haven't overlooked important issues.

Yes, in Missouri, child custody and support orders can be modified if there has been a 'substantial and continuing change in circumstances' since the original order. For child support specifically, a 20% change in the calculated support amount may constitute grounds for modification. To request a modification, you must file a motion with the court that issued the original order and demonstrate how circumstances have changed significantly enough to warrant the modification.