Ultimate Guide to Getting a Divorce in Missouri

Even if you want to file for divorce, splitting from the person you thought was your life partner can be emotionally taxing. Finding your way through the process might overwhelm you, especially if you proceed without an attorney. Fortunately, we’re here to familiarize you with Missouri divorce laws beforehand to take some of the stress away. Arming yourself with this information may help your case go much more smoothly.

Missouri Divorce Statistics

According to the 2019 American Community Survey, the state of Missouri has a divorce rate of 9.1 divorces per 1,000 women, tied with Alabama for the 10th highest divorce rate in the United States. In comparison, the national average is 7.6.

Missouri Divorce Requirements You Need to Know

Divorce Eligibility for a Missouri Resident

You can only file for divorce in Missouri if you meet certain residency requirements. Either you or your spouse must be a resident of the state of Missouri for at least 90 days before filing for dissolution of marriage.

Grounds for Divorce

Because Missouri is a no-fault divorce state, you only need to claim that the marriage is “irretrievably broken,” which means that you simply can’t save it. You don’t need to elaborate any further.

However, if the other party denies the breakdown, you may need to prove at least one of the following, some of which do involve fault:

• Your spouse committed adultery
• Your spouse behaves in such a way that you can’t bear to live with them
• Your spouse has abandoned you for the past six months or longer
• You and your spouse have lived separately with mutual consent for the past year or longer
• You and your spouse have lived separately without mutual consent for the past two years or longer

If the court decides that the marriage isn’t irretrievably broken, the court will grant a legal separation. After 90 days, either party can file a motion to convert the legal separation into a divorce.

Alternatively, the judge may suggest that the two of you seek counseling and then revisit the divorce case anywhere from 30 days to six months later.

What Missouri Divorce Forms Do I Need?

As the petitioner (the person filing for divorce), you will need to fill out the following forms:

• Petition for dissolution of marriage
• Certificate of dissolution of marriage
• Statement of income and expenses
• Statement of property and debt and proposed separation agreement
• Judgment and decree of dissolution of marriage
• Filing information sheet
• Parenting plan

On the other side, the party served divorce papers (also known as the respondent) will need to fill out the forms below:

• Respondent’s answer to the petition for dissolution of marriage
• Statement of income and expenses
• Statement of property and debt and proposed separation agreement
• Parenting plan

You can find all of these forms on the Missouri Courts website.

The Divorce Process: How to File for Divorce in Missouri

Step 1 (Optional): Hire an Attorney

While you don’t need a lawyer to file for divorce in Missouri, many people benefit from the divorce attorney-client relationship. Especially if you have kids, a pension, or a substantial amount of property, a family law attorney can help you sort out your assets fairly.

Plus, divorce attorneys know the legal system inside and out, so you’ll have a trusty guide for navigating the divorce process. The lawyer can also represent you at trial if necessary.

Just make sure that the attorney you hire practices law in the county where you reside.

Step 2: File the Petition for Dissolution in Court

To begin the process, you need to complete and file a petition for dissolution of marriage, a legal document that tells the court pertinent information about your marriage.

If you don’t seek help from a lawyer, you’ll need to file the petition yourself at the circuit court serving the county where either party resides. Missouri has 46 circuit courts covering multiple counties, plus a separate circuit court for the city of St. Louis.

When submitting your dissolution documents in court, you’ll need to pay a filing fee. The fee varies from one county to another, but you can generally expect to pay about $163.

In the case of an uncontested divorce in which you and your spouse agree on all aspects, you may file a petition together, along with all of the necessary supporting documents, which will enable you to skip step three.

Step 3: Obtain an Answer from Your Spouse

After filing the petition, the sheriff or a process server will deliver the documents to your spouse, who then has 30 days to submit a legal document called an “answer” accepting or denying the information in the petition.

If you can’t reach your spouse, you may need to serve them through alternative means, such as certified mail or publication in a legal newspaper. Attorneys can help you figure out what to do in this situation.

If your spouse still fails to file an answer, the court can enter a default judgment against them to dissolve the marriage. However, the court won’t be able to decide on the division of assets or matters regarding the kids.

Step 4: Finalize the Divorce via Court Hearing

Lastly, you and your spouse will go to court to resolve any issues on which you currently disagree.

If you’re going to trial without a lawyer, though, you’ll need to take care of one extra step beforehand:

Missouri requires all parties representing themselves in divorce cases to complete a “litigant awareness program,” which will give you important information on how to protect yourself during the divorce process. The program entails either watching a video online or reading the litigant awareness materials. Afterward, you must file a certificate of completion with the court.

Even if you and your spouse have an uncontested divorce and avoid trial, you’ll likely still need to attend a final hearing where the judge will review and approve your agreement, then change your marital status back to single.

Property Division in Missouri

Both parties will keep their nonmarital property, which includes items acquired before the marriage, after filing for divorce, or during your marriage via inheritance or gift. Some couples might also exclude certain items from their marital property through a written agreement.

The state of Missouri defines all other property as marital property. Unlike some states that split the marital property down the middle, Missouri is an “equitable distribution” state. This designation means that a judge will divide your property in a way that the court deems “fair” after considering relevant factors, including:

• Each spouse’s economic circumstances
• Each spouse’s contribution to the property, including as a homemaker
• Each spouse’s desire to keep, or right to live in, the family home
• Each spouse’s conduct during your marriage
• Child custody arrangements
• The value of each spouse’s non-marital property

Spousal Support (Alimony) in Missouri

Known as maintenance in the Missouri legal system, alimony entails one spouse making payments to help support the other after the divorce. A judge can only award maintenance if the party seeking it:

1. Lacks sufficient property to provide for their needs, and
2. Can’t support themselves through reasonable employment

To determine the amount and duration of maintenance, the court will consider a wide range of information, including:

• The maintenance-seeking spouse’s financial resources, which includes child support as well as their ability to meet their needs independently
• The time and money necessary to acquire adequate education or job training
• The age and condition (both physical and mental) of the spouse seeking maintenance
• The standard of living experienced during your marriage
• The duration of your marriage
• The conduct of both parties during your marriage
• The other spouse’s ability to meet their needs while paying maintenance

Child Custody and Child Support in Missouri

If you and your spouse have minor children together, the two of you will need to devise a parenting plan, a document that outlines the following information:

• The children’s schedule with each of the parents
• How the parents will make decisions about the children
• How the parents will financially support the children

A family law attorney can help you figure out answers to these questions. If you and your spouse can’t agree, however, then each of you can file a separate parenting plan for the court to review.

Child Custody

Child custody comes in two different forms: physical custody and legal custody. The former refers to daily care, while the latter involves making decisions about matters like the child’s education, religion, and health care. The court may grant one or both forms of custody to one or both parents.

Ultimately, the judge will make a child custody decision based on the child’s best interest, which involves considering several factors, such as:

• The wishes of each child and parent
• The willingness and ability of each parent to care for the children
• The physical and mental health of all parties involved
• The relationships among the children, their parents, and any additional significant people in their lives
• Each child’s adjustment to their community, school, and home
• Any plans for relocation
• Any history of neglect or abuse

Child Support

To financially support the children, the court will likely order one spouse to pay child support to the other each month. The court considers the following information when determining the monthly child support amount:

• The children’s financial needs and resources
• The standard of living the children enjoyed during your marriage
• The custody arrangements, including how much time the kids will spend with each of the parents during the year
• The gross income of each parent
• Each parent’s reasonable child care expenses

How Long Does It Take to Get a Divorce in Missouri?

A judge can’t grant a dissolution of marriage until 30 days have passed since the respondent received the petition. That said, a divorce often takes longer than a month to complete, especially if the couple can’t agree on all of the details. The more complicated your case is, the longer it will take to finalize the divorce.

Cost of Divorce in Missouri

Again, the complexity of your case will determine how much it will cost. A lengthy trial with disagreements over matters like child support, alimony, or assets will be more expensive than an uncontested divorce.

Plus, the financial toll will jump from a few hundred dollars to potentially thousands when attorneys get involved. A law firm in the state of Missouri will often charge clients anywhere from $200 to $500 per hour.

Even so, many people insist that the benefits of hiring their divorce attorney outweighed the cost. Because divorce attorneys have extensive knowledge of divorce law, hiring an attorney will help you assert your rights as well as protect them in the long term.