Missouri Divorce FAQS

You can request a certified copy directly from the Circuit Clerk’s Office in the county where the divorce was granted. Provide the case number or both parties’ names, and pay a small certification fee (usually $2–$5 per page).

Divorce records are generally public, but Social Security numbers, minors’ names, and sensitive financial data may be sealed or redacted under privacy laws or court order.

A court-certified decree is the full judgment from the circuit court, while a state abstract (from the Missouri DHSS Bureau of Vital Records) only lists basic facts, names, date, and county of divorce.

Yes, most decrees are public records. However, you cannot access sealed cases or private financial attachments without a court order or legal interest.

The Missouri Department of Health and Senior Services (DHSS), Bureau of Vital Records keeps statewide abstracts from July 1948 onward. Full case files remain with the county circuit court clerk.

For divorces before July 1948, contact the Circuit Clerk or County Archives where the judgment was entered.

Yes. You can order certified abstracts through VitalChek (state-authorized vendor) or check if the local circuit court offers an e-filing portal for record requests. Valid ID is required.

Have the case number, parties’ names, county, and approximate date of judgment to ensure accurate retrieval.

Yes. Missouri indexes dissolutions, annulments, and legal separations together in its circuit court and DHSS record systems.

State abstracts date from July 1948, while county court records can extend back to the 1800s, depending on local retention and archival storage.

You must file a motion to unseal showing a compelling need or legal basis. The court may grant limited access or deny it to protect privacy.

Processing typically takes 5–10 business days by mail. Some clerks offer same-day pickup or expedited services for in-person requests.

Fees vary by county, generally $1–$3 per page plus $1–$2 certification fee. Most clerks accept cash, money order, or online payment.

After receiving a certified copy, request an apostille from the Missouri Secretary of State’s Office, which authenticates documents for use abroad.

Yes. Missouri is a no-fault state, meaning you only need to show the marriage is 'irretrievably broken.' However, misconduct can still affect property division or maintenance.

Marital property includes all assets acquired during marriage except gifts or inheritances. The spouse claiming separate ownership must trace the asset’s origin clearly.

Courts use an equitable distribution model, weighing factors such as each spouse’s economic circumstances, contributions, and conduct during the marriage.

If one spouse wastes marital funds, the court may charge that value against their share. The accusing spouse must provide clear financial proof.

Judges consider financial resources, earning capacity, time to retrain, standard of living, and conduct when deciding amount and duration.

Yes, maintenance can be waived in a separation agreement, but the court may reject it if found unconscionable or unfair.

Yes, if entered voluntarily, with full disclosure and no coercion. Courts invalidate prenups that are unconscionable or conceal assets.

Many circuits require mediation for custody disputes. Rules vary by county, but property-only cases often proceed without mandatory mediation.

Yes, most counties require completion of Focus on Kids or equivalent programs before final custody orders are entered.

Form 14 sets a presumed support amount based on both parents’ incomes. Courts may deviate for extraordinary expenses or special needs.

Private plans are split by QDRO, while public systems like MOSERS or LAGERS use special court-approved division orders.

Parents must give 60 days’ written notice before relocating. The other parent can object, triggering a court hearing on the child’s best interests.

Courts may order one party to pay the other’s fees based on financial need, conduct, or case outcome.

Protective orders under Chapter 455 RSMo can be coordinated with custody or dissolution actions to ensure consistent terms.

If acquired during marriage, a business is presumptively marital. Premarital interests must be traced to show they remain separate.

Missouri courts generally use fair market value and may apply discounts for lack of control or marketability in closely held entities.

Personal goodwill (tied to an individual’s reputation) is not marital property, while enterprise goodwill may be divided.

Yes, courts recognize indirect contributions, such as homemaking or supporting the owner’s career.

Growth during marriage may be partly marital if due to spousal efforts or reinvestment of marital funds.

They’re considered evidence of value, but the court can adjust if terms are outdated or artificially low.

Courts appoint or approve experts when valuations differ widely. Expert fees are typically shared or assigned equitably.

Yes, the court can award the business to the operating spouse and offset its value with other assets or payments.

Undistributed K-1 income may be counted as available for support if regularly retained or accessible to the owner.

Debts incurred for marital benefit are usually shared, while personal guarantees may require indemnification after divorce.

Missouri courts divide RSUs, stock options, and deferred comp using time-based formulas to account for vesting and marital effort.

Through discovery tools, subpoenas, and forensic accounting, with sanctions for concealment or non-disclosure.

Discretionary or spendthrift trusts are generally excluded unless distributions were commingled with marital assets.

Missouri courts can divide out-of-state property and enforce orders through full faith and credit or international procedures.

Yes, courts may issue ex parte temporary restraining orders to stop asset transfers or concealment.

A high marital standard of living can justify higher maintenance or deviation from Form 14 child support guidelines.

Timing matters for §1041 transfers, basis adjustments, NUA stock, and alimony tax rules under federal law.

Parties can seek protective orders or closed hearings to maintain confidentiality in high-value cases.

Appraisers assess art, jewelry, aircraft, or yachts, which are then allocated or sold for equitable division.

For complex valuations or discovery disputes, the court may appoint a special master or forensic expert to manage evidence.

Either spouse must reside in Missouri for at least 90 days before filing in the county of residence.

A Petition for Dissolution, Financial Statement, Parenting Plan (if applicable), and Form 14 must be filed per local rules.

Yes, e-filing is standard statewide, though self-represented parties may file paper copies with clerk approval.

Through personal service, special process server, or waiver. Out-of-state respondents are served under Missouri Rules 54–55.

Not statewide; parties must usually request a TRO to restrict asset transfer or custody interference.

Courts may issue temporary support or custody orders within weeks of filing, based on affidavit or brief hearing.

Uncontested divorces may finish in 30–60 days, while contested cases often last 6–12 months or longer.

Yes, if fully agreed upon, courts may enter judgment based on sworn affidavits.

If a spouse fails to respond, the court may issue a default dissolution, which can be set aside for good cause.

Case management and settlement conferences are common to promote resolution before trial.

A GAL is required when child abuse is alleged or custody is highly contested. Fees are shared or assigned.

File a Motion to Modify showing a substantial change in circumstances. The same court retains jurisdiction.

Custody orders follow the UCCJEA, and support orders are enforced through UIFSA and full faith and credit principles.