Header

Missouri Divorce: Everything You Need To Know

By Even Staff | Edited By Even Staff

Updated On February 3, 2024

Editorial Note: This content is based solely on the author's opinions and is not provided, approved, endorsed or reviewed by any partner.

We receive compensation from third parties when you apply for and receive one of their products or services on this website. This may impact which companies we feature or review, the products and services we evaluate, and where and how a product or service appears on this website.

If you're contemplating a Missouri divorce, having a robust understanding of the state's laws is paramount. This comprehensive guide will help you learn everything you need to know about a Missouri divorce, including: 

How do you file for divorce in Missouri? 

Initiating a divorce in Missouri involves a meticulous understanding of the legal intricacies:

  1. Filing: The process starts when one spouse, the petitioner, submits the "Petition for Dissolution of Marriage" to the Circuit Court. This document outlines the reasons and specific demands for the divorce.
  2. Venue Choice: The petition typically gets filed in the county where the petitioner resides. Still, strategic considerations, such as a more familiar or potentially favorable court jurisdiction, can play a role in venue selection.
  3. Informing the Other Half: The respondent (the other spouse) must be duly informed of the filing, typically via process serving or certified mail.
  4. Time to Respond: The respondent has a designated window to provide their response—either acquiescing to the demands, challenging specific claims, or presenting counterarguments.
  5. Interim Arrangements: As divorce processes can stretch over time, interim arrangements (called pendente lite orders) might be put in place to address immediate concerns, such as child support or spousal maintenance.
  6. Sharing Vital Information: The "discovery" phase ensures transparent sharing of pertinent information, from assets and liabilities to income and other financial data.
  7. Mitigating Conflicts: Disputes can be commonplace in divorce proceedings. Before diving into a full-blown court trial, mediation might be sought to foster compromise.
  8. Divorce Decree: The culmination of the divorce procedure is the court's issuance of the divorce decree, formalizing the termination of the marital relationship.

What are the residency requirements for a Missouri divorce? 

Before pursuing a Missouri divorce, it's vital to ensure that all residency conditions are adequately met. These conditions aren't merely about time spent in the state but are about meeting legal requirements that provide the courts the authority to oversee the divorce proceedings:

  1. Establishing Missouri Residency: To start the divorce process in Missouri, one of the spouses must have been a resident of the state for at least 90 days before submitting the divorce petition. This residency requirement is set to ensure that Missouri's jurisdiction is appropriately invoked, regardless of the location of the marriage initiation.
  2. Documenting Duration of Residency: A physical presence in the state is not the sole criterion for establishing residency. The intent to maintain Missouri as one's primary home is also crucial. Validating this intent can be achieved through various means, such as presenting a Missouri driver's license, utility bills, rental agreements, or even affidavits from people attesting to the spouse's continuous residence.

What are the grounds for divorce in Missouri? 

Missouri's approach to divorce is predominantly anchored in the "no-fault" system. Understanding the implications and nuances of this approach can streamline one's divorce journey:

  1. The No-Fault Perspective: In a majority of divorce cases in Missouri, the only assertion required is that the marriage is "irretrievably broken" without any realistic chance of repair. Under this perspective, specific allegations about marital misconduct aren't central to the divorce's approval.
  2. Role of Marital Misconduct: While establishing fault isn't necessary to secure a divorce in Missouri, instances of marital misconduct can influence related divorce decisions. Such behavior might impact deliberations concerning asset division or spousal support, among others.
  3. Consensual Recognition: Mutual acknowledgment of the marriage's end often makes the legal process smoother. When both parties concur on the irreparable state of the union, courts typically move forward without requiring extensive proofs or detailed testimonies.

How to get a quick divorce in Missouri 

If you want a quick divorce in Missouri, certain strategies can significantly streamline the process. For example:

  1. Uncontested Divorce: An uncontested divorce, where both parties find common ground on all key issues, paves the way for a faster divorce process. Removing protracted disagreements or the need for detailed court interventions can significantly expedite conclusions.
  2. Documentary Precision: A smooth divorce journey necessitates utmost care with paperwork. Ensuring all forms are comprehensive, accurate, and timely submitted minimizes the potential for delays stemming from court-requested changes or clarifications.
  3. Mediation Over Lengthy Trials: When disputes emerge, mediation offers a more efficient resolution path. By facilitating mutual discussions under a neutral mediator's guidance, couples can reach consensual decisions without the delays typical of extensive court hearings.

Does Missouri require separation before divorce? 

In Missouri, the legal landscape for divorce doesn't stringently require couples to undergo a formal separation before seeking a divorce. However, nuances exist. If the asserted ground for divorce is based on the couple living separately and apart, a continuous 90-day separation period must precede the court's granting of the divorce. This stipulation ensures that couples have given adequate time and consideration to their decision before permanently dissolving their marriage.

How much does a Missouri divorce cost? 

Understanding the financial implications of a divorce in Missouri involves delving into a myriad of potential costs, each varying based on the specifics of the case:

  1. Inevitable Court Costs: Every divorce comes with inherent court fees. These cover the administrative components of filing, processing, and concluding a divorce in Missouri's judicial system.
  2. Attorney's Fees and Legal Charges: Legal representation is often one of the most significant expenses in a divorce. The costs can vary based on the attorney's reputation, experience level, and the case's intricacies. While straightforward divorces may result in predictable legal fees, contentious battles, especially over matters like child custody or extensive assets, can elevate these costs substantially.
  3. The Unpredictable Extras: Divorces can sometimes require more than just lawyers and courtrooms. If couples opt for mediation, they'll need to budget for a mediator's services. Similarly, matters like property valuation, child welfare assessments, or even forensic financial analyses can necessitate hiring specialized experts, introducing additional financial considerations.

How long does a Missouri divorce take? 

Predicting the exact duration of a divorce in Missouri can be challenging, as it's contingent on a host of factors: For uncontested divorces, where both parties swiftly agree on all matters, the process can be relatively speedy, concluding in a few months. However, when disagreements arise, especially concerning pivotal issues like child custody, property division, or spousal support, the timeline can extend. Court scheduling, mediation sessions, required evaluations, and even the readiness of both parties to negotiate can all influence the overall duration of the divorce proceedings.

How is property divided in a Missouri divorce? 

Navigating property division in Missouri requires an understanding of the state's approach, rooted in the principle of "equitable distribution":

  1. Fairness Over Equality: Missouri's equitable distribution doesn't aim for a perfect half-and-half split. Instead, it seeks a division that's deemed just and reasonable given the marriage's specific circumstances.
  2. Distinguishing Property Types: It's crucial to differentiate between marital and separate property. While marital property (assets and debts garnered during the marriage) is subject to division, separate property (assets acquired before the marriage or received individually, like through inheritance or personal gifts) usually remains with the original owner.
  3. A Multifaceted Evaluation: Missouri courts don't decide on property division in a vacuum. They consider an array of elements, including the economic circumstances of each spouse at the time of division, the contribution of each party to the marital estate (which encompasses non-monetary contributions like homemaking), the value of the separate property, the conduct of the parties during the marriage, and more. These considerations ensure that the division reflects the holistic marital context.

How is child custody determined in Missouri? 

When it comes to decisions surrounding child custody in Missouri, the primary guiding principle is the best interests and overall welfare of the child. This cornerstone ensures that court rulings enhance the child's well-being and provide a stable environment:

  1. Deep Dive into Best Interests: The court takes a comprehensive approach to determine what genuinely serves a child's best interests. Key elements factored in include the child's own preferences (especially if they're of an age and maturity to voice a reasoned choice), the historical roles each parent has played in the child's life, the child's adjustment to current home, school, and community, and the willingness and ability of each parent to foster a positive relationship between the child and the other parent.
  2. Relationship and Conduct: The behavior of parents, both past and present, is evaluated. This includes their willingness to communicate with one another, any history of abuse, and their overall involvement and commitment to the child's life.
  3. Custody Variations: Missouri's legal framework distinguishes between two main custody types. Joint custody entails both parents sharing decision-making responsibilities for the child's well-being, promoting cooperative parenting. Sole custody, on the other hand, vests decision-making in one parent. This choice isn't made lightly and often reflects circumstances where joint custody may not be in the child's best interests.

How is alimony determined in Missouri? 

Spousal maintenance, commonly referred to as alimony, in Missouri isn't a given; rather, it's an outcome of meticulous evaluations rooted in fairness and economic equity:

  1. Deliberate Determinations: Alimony isn't granted reflexively. Courts assess a myriad of factors before deciding on maintenance awards. These include the financial needs and resources of the spouse seeking maintenance, the comparative earning power of both parties, the standard of living established during the marriage, the duration of the marriage, and the ability of the paying spouse to meet their own needs while providing for the other.
  2. Contribution and Career Considerations: The courts recognize both financial and non-financial contributions to the marriage. If one spouse, for instance, halted their education or career to support the household or the other's professional pursuits, such sacrifices become crucial in alimony decisions. The time it might take for the recipient spouse to acquire education or training for suitable employment also weighs in.
  3. Flexible Duration and Adjustments: Missouri doesn't have a one-size-fits-all approach to the duration of spousal maintenance. Depending on the specifics, alimony can be short-term, allowing the receiving spouse to become self-sufficient, or more prolonged, particularly after lengthy marriages or in situations where the recipient spouse might not be able to achieve self-sufficiency. Importantly, alimony isn't set in stone. Significant changes in circumstances, like drastic income alterations, can warrant modifications to the original agreement.

Missouri Divorce: Frequently Asked Questions

Is it possible for spouses to share the same lawyer during a divorce? 

To avoid potential conflicts of interest, it's generally advised that each spouse has their own legal representation.

How are retirement benefits that were accumulated during the marriage divided in a Missouri divorce? 

Such benefits are usually treated as marital property and can be subject to division based on the court's discretion.

Does marital misconduct influence decisions like alimony or asset division? 

Yes, marital misconduct can play a role in determinations related to property division or spousal support.

Can alimony arrangements be modified after the divorce? 

Yes, alimony agreements can be altered given certain changes in circumstances, such as a significant shift in financial conditions.

How does Missouri handle child custody enforcement? 

Breaching child custody agreements can lead to legal consequences, which may include penalties or revisions to the existing custody arrangement.

Is there a mandatory separation period in Missouri before filing for divorce? 

While Missouri doesn't enforce a strict separation period, if the grounds for divorce are based on continuous separation, a 90-day period is required before the divorce is granted.

How long does one need to reside in Missouri before filing for divorce? 

At least one spouse should have resided in Missouri for a minimum of 90 days before initiating the divorce process.

How are assets and debts divided in Missouri divorces? 

Missouri follows the principle of "equitable distribution," aiming for a fair division of marital assets and debts based on various factors.

Are all divorces in Missouri no-fault? 

While Missouri predominantly operates under a "no-fault" system, marital misconduct might influence certain aspects of the divorce proceedings.

What determines the amount and duration of alimony in Missouri? 

Several factors impact Missouri alimony, including the financial needs and conditions of both spouses, the standard of living during the marriage, and the potential earning capacity of the recipient spouse.