A Missouri divorce, or dissolution of marriage, can be filed by either spouse to end the marital relationship. Upon completion of a Missouri divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested Missouri divorce without the expense of an attorney.
Types of Divorce in Missouri
Uncontested Divorce in Missouri
A simplified dissolution process is allowed under Missouri law with the filing of a joint petition for divorce by both spouses, accompanied by a settlement agreement. An uncontested divorce in Missouri, in which both parties have come to an agreement on all major decisions related to any property or minor children, generally proceeds faster than one in which issues remain in dispute.
Alternatives to Divorce in Missouri
A legal separation is when the parties live separately but remain legally married to one another. The grounds for legal separation in Missouri are an irretrievable breakdown of the marriage, which may caused by such factors as:
- Adultery;
- Abandonment;
- Separation caused by misconduct in the 12 months before filing the petition;
- Spousal behavior that the other spouse cannot reasonably be expected to live with; and
- Living separate and apart continuously for 24 months.
An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status as if they never married. The person seeking the annulment has the burden of proving to the court that one of the conditions of nullity has been met in order to have the annulment approved. Annulments are most often sought by people who feel stigmatized by the status of being divorced, or for ease of remarriage in their particular religion.
Marriages between parents and children, as well as between grandparents and grandchildren of every degree, brothers and sisters, uncles and nieces, aunts and nephews, first cousins, and persons lacking capacity to enter into a marriage contract, are presumptively void. It is also presumed that marriages between persons who lack capacity to enter into a marriage contract are prohibited unless the court having jurisdiction over such persons approves the marriage.