Divorce in Missouri is governed by clear legal procedures, but understanding the specific steps and expectations can make the process less overwhelming. Whether you're filing in St. Louis, Kansas City, Springfield, or a rural county, this guide outlines Missouri's divorce process from start to finish.
Residency Requirements
To file for divorce in Missouri, either spouse must have lived in the state for at least 90 days prior to filing. The case should be filed in the circuit court of the county where either spouse resides. Residency is required to establish jurisdiction over the marriage.
Grounds for Divorce
Missouri is a pure no-fault divorce state. The only legally accepted reason for divorce is that the marriage is irretrievably broken. However, evidence of fault (such as abuse, adultery, or substance abuse) may still influence court decisions regarding property division or child custody.
"While fault isn't required for divorce in Missouri, it may still impact the outcome of your case — especially when it comes to dividing assets or determining custody."
Filing and Serving the Petition
The divorce process starts when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the circuit court. The other spouse (the respondent) must be formally served, which can be done through a sheriff, private process server, or signed acknowledgment of service.
Temporary Orders
Either spouse may request temporary orders while the divorce is pending. These orders can cover child custody, support, spousal maintenance, and temporary use of the marital home or other assets.
Financial Disclosures
Both parties must submit financial information to the court, including income, expenses, assets, and debts. This information is essential for decisions related to property division, spousal support, and child-related expenses.
Property Division
Missouri follows an equitable distribution model. This means marital property and debts are divided fairly, though not necessarily equally. Courts consider factors like the economic circumstances of each spouse, contributions to the marriage, and conduct during the marriage.
"Missouri law allows judges to consider marital misconduct when dividing property — a notable contrast to many other no-fault states."
Spousal Maintenance
Also known as alimony, spousal maintenance may be awarded when one spouse lacks sufficient property or income to meet reasonable needs. Courts weigh factors such as length of the marriage, age, health, and earning capacity of each spouse.
Child Custody and Support
Child custody decisions are based on the child's best interests. Missouri encourages joint custody whenever feasible. Child support is calculated using the state's unique Form 14, which considers both parents' incomes, number of children, healthcare, and other expenses.
Finalizing the Divorce
Once all issues are resolved by agreement or trial, the court will issue a Judgment of Dissolution. There is no mandatory waiting period beyond the initial 30-day response window, but most cases take several months to conclude.
Key Points to Remember
- Missouri is a pure no-fault divorce state
- Fault may affect property or custody decisions
- Residency requirement is 90 days
- Form 14 is used to calculate child support
- Misconduct can influence financial outcomes
Because Missouri law allows fault to play a role in critical decisions, it's wise to consult with a family law attorney — especially if your case involves significant assets, children, or allegations of misconduct. Navigating the process with clarity helps ensure your rights are protected.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Missouri divorce papers or browse Missouri divorce lawyers to get the help you need.