In Missouri, divorce is legally called dissolution of marriage. This term describes the court process that ends your marital rights and responsibilities. Whether you call it divorce or dissolution of marriage, the legal procedure remains the same throughout the state of Missouri.
A dissolution of marriage terminates the legal bonds between spouses and addresses important issues, including property division, spousal support, child custody, and child support. The court makes these decisions based on what is fair and in the best interests of any children involved.
Residency Requirements Before You File for Divorce
Before filing for divorce becomes possible, you must meet the state's residency requirements. Either you or your spouse must have lived in Missouri for at least 90 days immediately before filing your petition. This requirement ensures Missouri courts have proper authority over your case.
If you or your spouse serves in the military and is stationed in Missouri, that also satisfies the residency requirement, even if you haven't lived here for a full 90 days before filing. Military members stationed in the state of Missouri can file for divorce here regardless of where they previously lived.
You must file your petition with the circuit court in the county where either you or your spouse currently lives. This means you have options about which county's court will handle your case if you and your spouse live in different Missouri counties.
The 30-Day Waiting Period
Missouri law requires a mandatory waiting period after filing for divorce before your case can be finalized. You must wait at least 30 days from when you file your petition before a judge can grant your dissolution. This cooling-off period gives couples time to reconsider their decision or work through settlement issues.
The 30 days represent the minimum time your divorce will take. Most cases require longer than this, especially if you and your spouse disagree about custody, support, or property division. Uncontested cases where both spouses agree on all issues typically resolve faster than contested divorces that require court hearings and possibly a trial.
Grounds for Divorce in Missouri
Missouri operates as a no-fault divorce state, meaning you don't need to prove your spouse did anything wrong to get divorced. The only ground for divorce in Missouri is that your marriage is irretrievably broken, with no reasonable likelihood that the marriage can be preserved.
This irretrievably broken standard makes Missouri filing for divorce simpler than in states requiring proof of fault. You simply state that the marriage cannot be saved, and the court accepts this ground without requiring evidence of adultery, cruelty, or other misconduct.
If both spouses agree the marriage is irretrievably broken, or if one spouse states it and the other doesn't deny it, the judge will grant the divorce after considering your petition and holding a hearing. However, if your spouse denies the marriage is irretrievably broken, you may need to prove fault-based grounds, including adultery, abandonment, or that you lived separate and apart for specific time periods.
Required Forms for Filing
Missouri filing for divorce requires completing several court-approved forms. The Missouri Courts website provides standardized forms designed for people representing themselves without attorneys. The main forms you'll need include the Petition for Dissolution of Marriage, which is the document that officially starts your case.
The petition asks for information about you and your spouse, including names, addresses, employment, income, and details about your marriage. You'll indicate what orders you want the court to make regarding property division, custody, and support. Other required forms include the Certificate of Dissolution of Marriage, Filing Information Sheet, and Statement of Income and Expenses.
If you have minor children, you must complete a Parenting Plan detailing custody arrangements, visitation schedules, and decision-making responsibilities. You'll also need a Statement of Property and Debt showing all marital assets and liabilities, along with your proposed division.
The Judgment and Decree of Dissolution of Marriage form will eventually become your final divorce order once the judge signs it. Some counties require additional local forms, so check with the circuit clerk's office in the county where you're filing to ensure you have all the necessary paperwork.
Litigant Awareness Program Requirement
Missouri requires anyone representing themselves in family law cases to complete a Litigant Awareness Program before filing for divorce. This educational program provides essential information about the divorce process, court procedures, and how to protect yourself during dissolution.
You can complete the Litigant Awareness Program by watching an online video or reading written materials on the Missouri Courts website. Once finished, you'll receive a Certificate of Completion that must be filed with your other divorce papers. This requirement ensures self-represented parties understand basic legal procedures and requirements.
Filing Your Petition at the Circuit Court
Once you've completed all required forms, you file them with the circuit clerk's office in the county where you or your spouse lives. Bring the original signed documents along with copies. Some forms require notarization, so have those documents notarized before going to the courthouse.
Courts charge filing fees for divorce cases that vary by county and whether you have children. Fees typically range from about $125 to $200. Check with your local circuit clerk's office to learn the exact fee and acceptable payment methods. Most courts accept cash, money orders, or cashier's checks, but policies vary.
If you cannot afford the filing fee, you can request a fee waiver by filing a Motion and Affidavit in Support of Request to Proceed as a Poor Person. This document explains your financial situation and asks the court to waive or reduce fees based on your inability to pay.
Serving Divorce Papers on Your Spouse
After Missouri filing for divorce, you must provide copies of the petition and other documents to your spouse through proper legal service. This process, called service of process, ensures your spouse receives official notice of the divorce case and has the opportunity to respond.
If you filed your spouse's Answer to Petition along with your initial paperwork, formal service isn't necessary. Both spouses simply keep copies of all documents. This cooperative approach saves time and expense when both parties agree to the divorce.
When formal service is required, you have several options. The easiest method involves your spouse voluntarily accepting the papers and signing an Entry of Appearance and Waiver of Service form. You then file this notarized form with the court, showing your spouse received the documents.
If your spouse won't accept service voluntarily, you can arrange for the sheriff, court officer, or private process server to hand-deliver the documents. The server completes an affidavit proving service was accomplished and files it with the court.
For spouses who cannot be located despite diligent efforts, you may petition the court for permission to serve by publication in a newspaper. However, service by publication limits the court's authority to make orders about property and support, so consult an attorney if you face this situation.
Your Spouse's Response
After being served, your spouse has 30 days to file an Answer to your Petition for Dissolution of Marriage. The answer indicates whether your spouse agrees or disagrees with the information and requests in your petition. Your spouse should also file a Statement of Property and Debt with their proposed division of assets and debts.
If your spouse agrees with everything in your petition and you've worked out a settlement, they can file an agreement indicating they consent to the divorce terms. This makes your case uncontested and simplifies the process considerably.
When your spouse fails to respond within 30 days, you can ask the court to enter a default judgment granting your divorce based on what you requested in your petition. However, judges still review default judgments carefully to ensure requests are reasonable and proper.
Parent Education Programs
Missouri counties require divorcing parents with minor children to complete parent education programs. These programs teach parents how to help children adjust to divorce, communicate effectively about parenting issues, and minimize negative impacts on kids.
You must complete the parent education program and file your completion certificate within 45 days after filing or being served with divorce papers. Completing the program before Missouri filing for divorce allows you to file the certificate with your initial paperwork, saving a trip to the courthouse.
Check with your circuit clerk office about approved parent education programs in your county. Many courts offer online programs you can complete from home, making participation convenient even with busy schedules.
Finalizing Your Missouri Divorce
The time required to finalize dissolution of marriage depends on whether your case is contested or uncontested. The mandatory 30 days waiting period is the absolute minimum, but most cases take longer.
Uncontested divorces where both spouses agree on all issues typically finalize in two to three months after filing. You'll need to attend a brief hearing where the judge reviews your settlement agreement and asks questions to ensure you both understand and agree to the terms. Some Missouri counties allow uncontested cases to be decided without a hearing if all paperwork is properly completed.
Contested divorces take substantially longer, often six months to a year or more depending on case complexity and court schedules. When spouses cannot agree on custody, support, or property division, the court holds hearings to resolve disputed issues. If settlement proves impossible, the case goes to trial where a judge hears testimony and makes final decisions about all unresolved matters.
Uncontested vs. Contested Divorce
Understanding the difference between contested and uncontested dissolution affects how you approach Missouri filing for divorce. An uncontested divorce means you and your spouse agree on all terms including property division, debt allocation, custody arrangements, and support obligations. You work together to create a settlement agreement the court can approve.
Uncontested divorces proceed faster, cost less, and involve less stress since you're not fighting over every issue. If you can negotiate effectively and compromise, uncontested dissolution provides the most efficient path to ending your marriage.
Contested divorces involve disagreement about one or more major issues. Even if you agree about most matters but dispute child custody, your case becomes contested. Contested cases require more court involvement, additional hearings, and often professional help from attorneys, mediators, or custody evaluators.
Many cases start contested but become uncontested through negotiation and mediation. Working with your spouse to resolve disputes produces better outcomes than letting a judge who doesn't know your family make these important decisions.
Property Division and Debt Allocation
Missouri law requires equitable division of marital property, meaning fair but not necessarily equal distribution. The court considers factors including each spouse's economic circumstances, contributions to the marriage, and future needs when dividing assets and debts.
Marital property includes assets acquired during marriage, regardless of whose name appears on titles or accounts. Separate property owned before marriage or received through gift or inheritance typically remains with the spouse who owns it, unless it was commingled with marital assets.
When Missouri filing for divorce, you'll list all assets, including real estate, vehicles, bank accounts, retirement accounts, investments, business interests, and personal property. You'll also list all debts, including mortgages, car loans, credit cards, and other obligations. Your proposed property division shows how you think assets and debts should be split.
Child Custody and Support
Divorcing parents must address custody and child support as part of the dissolution of marriage. Missouri uses the term "custody" to describe both where children live (physical custody) and who makes important decisions about their upbringing (legal custody).
Your Parenting Plan must include a detailed schedule showing when children will be with each parent, how you'll exchange the children, how you'll communicate about parenting decisions, and how you'll resolve future disagreements. The plan addresses education, healthcare, extracurricular activities, and other important aspects of raising your children.
Child support follows Missouri's guideline calculation using Form 14. This worksheet considers both parents' incomes, the number of children, healthcare costs, childcare expenses, and overnight visitation time. The result shows the presumed appropriate child support amount, though courts can deviate from guidelines when circumstances warrant.
Spousal Maintenance
Missouri courts can award spousal maintenance (alimony) when one spouse lacks sufficient property and income to meet reasonable needs and cannot become self-supporting through appropriate employment. Maintenance considers factors including marriage length, each spouse's financial resources and earning capacity, and the standard of living during marriage.
The court determines the maintenance amount and duration based on your specific circumstances. Maintenance can be temporary to allow time for education or job training, or longer-term for marriages of substantial duration where one spouse has limited earning capacity.
Do-It-Yourself vs. Hiring an Attorney
Many people handle uncontested divorces themselves without attorneys, especially when the marriage was short, few assets exist, and no children are involved. Missouri's standardized forms make DIY divorce possible for straightforward cases.
However, consulting an attorney is wise when significant assets or debts exist, you have children, your spouse has an attorney, domestic violence is present, or you're uncertain about your rights. Attorneys ensure paperwork is completed correctly, protect your interests in negotiations, and handle court appearances on your behalf.
Even if you represent yourself, consider paying for a consultation to review your settlement agreement before filing. An attorney's independent review can identify issues you might have missed and ensure the agreement protects your interests.