Divorce records serve many important purposes beyond simply documenting the end of a marriage. Whether you need proof of marital status for remarriage, are researching family history, require documentation for legal proceedings, or need to enforce divorce terms, understanding how to obtain these records in Missouri helps you navigate the process efficiently.
What Are Divorce Records
Divorce records are official legal documents that detail the dissolution of a marriage. In Missouri, these records contain information about the final decree issued by the court, including terms of property division, child custody arrangements, support obligations, and other conditions established when the divorce was granted.
The most comprehensive divorce records come from the circuit clerk in the county where the divorce was finalized. These complete court files include the divorce decree itself along with all supporting documents filed during the proceedings. The Missouri Department of Health and Senior Services also maintains more limited records providing certified statements about divorces.
Types of Divorce Documents Available
Missouri offers different types of divorce-related documents depending on what information you need and who is requesting the records.
A divorce decree is the complete court order issued by a judge finalizing the dissolution of a marriage. This document elaborates on all terms and conditions, including how property was divided, custody arrangements for children, child support obligations, spousal maintenance awards, and any other orders the court made. Divorce decrees are lengthy, detailed documents that serve as the legal blueprint for post-divorce life.
A divorce certificate is a simpler vital record issued by the Department of Health and Human Services. Unlike the comprehensive decree, certificates contain only basic information, including the names of both parties, the date the divorce was granted, the county where the divorce occurred, and sometimes the case number. These abbreviated records often suffice when you simply need to prove a marriage ended without requiring all the detailed terms.
Certified copies come printed on security paper with official seals and stamps, suitable for legal purposes and identification. Informational copies lack these security features and cannot be used for official purposes, though they are available to the general public for research or informational needs.
Where Divorce Records Are Maintained
Missouri maintains divorce records at both state and local levels, with different agencies holding different types of documents.
The circuit clerk in the county where the divorce was granted maintains the complete court file, including the original divorce decree and all associated documents filed during the case. Each of Missouri's 115 counties has a circuit clerk's office responsible for maintaining these local court records. This is where you should go for comprehensive information about a specific divorce case.
The Bureau of Vital Records under the Missouri Department of Health and Senior Services in Jefferson City maintains a statewide database of certified statements relating to marriage and divorce. These state-level records have been collected since July 1948, when Missouri began requiring counties to report vital statistics to the state. However, the Bureau only provides basic certified statements, not full divorce decrees.
For divorces that occurred before 1948, records exist only at the county level with the circuit clerk where the case was heard. Some older records may be stored in county archives or historical societies if they've been transferred from active court files.
How to Request Records from Circuit Courts
Obtaining divorce records from the county circuit clerk involves a straightforward process, though specific requirements vary slightly by county.
To request records in person, visit the circuit clerk's office during business hours with valid photo identification. You'll need to provide the full names of both parties as they appeared in the divorce case, the approximate date when the divorce was granted, and ideally, the case number if you know it. The clerk can search their database using this information to locate the file.
Most counties charge fees for copies of divorce records, typically around fifteen dollars for the first copy, with additional charges for extra copies or longer documents. Fees vary by county, so calling ahead to confirm costs helps you come prepared with the correct payment method, as some courts only accept cash, checks, or money orders.
For mail-in requests, complete a written request including all identifying information about the case, a check or money order for the search and copy fees, a self-addressed stamped envelope for return of the documents, and a copy of your photo identification. Mail these materials to the circuit clerk at the courthouse address in the county where the divorce occurred.
Some Missouri counties now offer online access to court records through their websites or through Missouri CaseNet, the state's case management system. While complete divorce decrees may not always be available online, you can often view docket entries, case summaries, and sometimes certain filed documents.
Missouri CaseNet for Basic Information
Missouri CaseNet provides free public access to case information from courts across the state. This online system allows you to search for divorce cases by party names, case numbers, or attorney names.
To search CaseNet, visit the website and select the appropriate search option. Entering both parties' names often produces results even if you don't know the exact case number or filing date. The system displays basic case information, including the case number, filing date, case status, and docket entries showing what documents were filed and when.
While CaseNet provides helpful information about case history and status, it typically doesn't allow you to view or download the actual divorce decree or other filed documents. For complete records, you'll still need to contact the circuit clerk's office. However, CaseNet helps you verify case numbers, confirm which county handled the divorce, and see what documents exist in the file before requesting copies.
Obtaining Certified Statements from the State
The Missouri Department of Health and Senior Services Bureau of Vital Records provides certified statements relating to divorce for cases since July 1948. These statements confirm basic facts but don't include the detailed terms found in divorce decrees.
To request a certified statement, download and complete the application form from the Department's website. You'll need to provide the full names of both parties at the time of divorce, the approximate date of divorce, and the county where the divorce occurred if known. If you're uncertain about the county, the statewide database can still locate the record.
Applications must be notarized and submitted with the required search fee. You can submit requests by mail to the Bureau of Vital Records in Jefferson City or in person at their office during business hours. Processing times vary, but most requests are fulfilled within several weeks for mail-in applications or immediately for in-person requests if records are readily available.
These certified statements are particularly useful when you know a divorce occurred but aren't certain which county granted it, or when you only need basic confirmation of divorce status rather than the complete decree.
Who Can Access Divorce Records
Missouri law generally treats divorce records as public information accessible to anyone, though some restrictions apply to protect privacy in certain circumstances.
The parties involved in the divorce, both former spouses, can always access their own divorce records. Attorneys who represented either party during the divorce can obtain records related to cases they handled. Immediate family members of the divorced parties may access records in some counties, though requirements vary.
Members of the general public can typically access divorce records for research, verification, or other legitimate purposes. This public access exists because marital status affects many legal matters, including property rights, inheritance, benefits eligibility, and the validity of subsequent marriages.
However, courts may seal divorce records in cases involving domestic violence, child abuse, or other sensitive circumstances where public access could create safety concerns or privacy violations. Sealed records require a court order for access, even by the parties themselves.
When requesting records, you'll generally need to provide valid identification and pay applicable fees regardless of your relationship to the case. Some counties require requesters to complete forms stating their purpose for accessing the records.
Privacy and Sealed Records
While most divorce records are public, Missouri courts recognize situations where privacy concerns justify sealing all or portions of files from public access.
Courts may seal records involving allegations of domestic violence to protect victims from further harm. Cases with detailed financial information that could facilitate identity theft or fraud may have certain documents sealed. Records containing sensitive information about children, including custody evaluations or mental health assessments, are often sealed to protect minors' privacy.
Parties can request that courts seal their records by filing motions explaining specific privacy concerns and why sealing serves important interests that outweigh the public's general right to access court records. Judges evaluate these requests carefully, balancing privacy interests against the presumption of public access.
Even when records are sealed, they still exist and can be accessed with appropriate court orders. Parties to the case can typically petition to have sealed records opened when they need access for legitimate purposes like enforcing support orders or pursuing modifications.
Using Divorce Records for Legal Purposes
Divorce records serve many important legal functions beyond simply documenting that a marriage ended.
When remarrying, you'll typically need to provide a divorce decree proving your previous marriage was legally dissolved. Marriage license applications in Missouri and other states require this documentation. Without proof of divorce, county recorders of deeds cannot issue new marriage licenses since bigamy laws prohibit marrying while still legally married to someone else.
Divorce decrees establish child custody arrangements and support obligations that remain binding until modified by subsequent court orders. When disputes arise about custody, visitation, or support payments, the original decree provides the legal framework for enforcing rights and obligations.
Property division terms in divorce decrees affect real estate transactions, retirement account distributions, and debt responsibility. You may need to present your decree when refinancing property, dividing pension benefits, or proving that certain debts were assigned to your former spouse.
Name changes often occur during divorce, with one spouse resuming a previous surname. The divorce decree serves as official documentation of the name change for updating driver's licenses, Social Security records, bank accounts, and other identification.
Modifying Divorce Terms
Life circumstances change after divorce, sometimes requiring modifications to original support or custody terms. The original divorce decree becomes the starting point for any modification requests.
To modify child support, custody arrangements, or spousal maintenance, you must file a motion with the court showing substantial and continuing changes in circumstances that make the original orders unreasonable. The court reviews your original decree to understand what was initially ordered before considering whether modifications are justified.
Common grounds for modification include significant income changes for either parent affecting ability to pay or need for support, changes in children's needs such as extraordinary medical expenses or educational costs, relocation of a parent affecting custody and visitation logistics, and remarriage of a party receiving spousal support.
Having a certified copy of your divorce decree is essential when seeking modifications. The court needs to see exactly what was originally ordered before determining if changes are appropriate. Accurate records prevent disputes about what the original terms actually required.
Divorce Records for Genealogical Research
Family historians and genealogists frequently use divorce records to complete their research and understand family relationships.
Divorce records reveal full legal names at the time of divorce, including maiden names that may not appear in other records. They show exact dates of marriage and divorce, helping establish timelines for family trees. Property division information sometimes identifies assets inherited from parents or other relatives, providing clues about earlier generations.
Child custody information in divorce records confirms parent-child relationships and may reveal children's full names, birth dates, and sometimes birth locations. This information helps researchers track descendants and verify family connections.
Many Missouri divorce records are available through genealogical databases and archives. The Missouri State Archives maintains historical vital records, and organizations like FamilySearch provide access to older records. However, more recent records typically must be requested from county circuit clerks or the state Bureau of Vital Records.
Costs and Fees
Understanding the costs involved in obtaining divorce records helps you budget appropriately and choose the most economical request method.
Circuit clerk fees vary by county but typically range from ten to twenty dollars for the first copy of a divorce decree, with additional per-page charges for lengthy documents. Some counties charge flat rates while others calculate costs based on page counts. Certified copies generally cost more than uncertified informational copies.
The Bureau of Vital Records charges fifteen dollars for certified statements relating to divorce. This fee covers searching the database and providing a statement confirming basic divorce information. If multiple searches are needed because you're uncertain about the divorce date or county, additional search fees may apply.
Expedited service costs extra in most counties. If you need records urgently, ask whether rush processing is available and what additional fees apply. Standard requests typically take several days to several weeks depending on workload and whether records are readily accessible.
Third-party services that retrieve records on your behalf charge their own fees in addition to the official court or state fees. While these services offer convenience, going directly to the source usually costs less.
Common Challenges and Solutions
Obtaining divorce records sometimes presents challenges, but most obstacles have straightforward solutions.
- If you don't know which county granted the divorce, start by checking Missouri CaseNet or requesting a certified statement from the state Bureau of Vital Records. The statewide database can identify the county, after which you can request the full decree from the appropriate circuit clerk.
- Lost or destroyed records occasionally occur, particularly for very old divorces. If original records were destroyed in fires, floods, or other disasters, the state-level certified statement may be the only available documentation. Some counties have microfilm or digital backups of older records that can be searched.
- Errors in records sometimes require corrections. If you find mistakes in your divorce decree regarding names, dates, or other information, you can petition the court that issued the decree to correct the errors. This typically requires filing a motion and potentially a hearing before a judge.
- Difficulty reading older handwritten records can make information hard to extract. County clerks familiar with historical records may be able to help decipher unclear handwriting, or you might consult with genealogists experienced in reading old documents.
Digital Access and Modern Record Keeping
Missouri continues modernizing its record-keeping systems, though the pace varies across counties.
Some counties now scan divorce decrees and other court documents, making them available through online portals. This digital access provides immediate document retrieval without visiting courthouses or waiting for mail delivery. Check individual county websites to see if online access is available in your jurisdiction.
Electronic filing systems allow attorneys and self-represented parties to file divorce documents online in many counties. These e-filing systems automatically create digital records that become part of the permanent file, improving accessibility and preservation.
Statewide initiatives aim to standardize record-keeping and expand public access while protecting privacy and security. As more counties adopt consistent electronic systems, finding and obtaining divorce records will become easier and faster.
However, older records remain available only in paper format or on microfilm in many counties. Accessing historical divorces may still require traditional in-person visits or mail requests until comprehensive digitization efforts are complete.