Filing a dissolution of marriage (divorce) in Missouri has certain residency requirements and procedures. Learn about the joint dissolution procedure, grounds for dissolution, property division, alimony, and child custody and support.
updated November 21, 2023 · 6min read
A divorce is called a dissolution of marriage in Missouri. For any married couple, this will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If one of them will be unable to be self-supporting after the divorce, the issue of alimony may also arise. If there are minor children, the issues of child custody and support must also be resolved.
Residency and where to file
In order to file for dissolution of marriage in Missouri, one party must be a resident of the state for at least 90 days. You may file in the Circuit Court in the county where either party resides.
Procedures
The simplest procedure is an uncontested divorce using a joint Petition for Dissolution of Marriage, where you and your spouse file together after reaching an agreement on all issues. You begin the divorce procedure by filing your joint Petition for Dissolution of Marriage, along with various other supporting documents. One of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Dissolution of Marriage.
Grounds for divorce
Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Missouri, like most states, has what are commonly called no-fault grounds for dissolution, which requires you to state in the Petition for Dissolution of Marriage that “the marriage of the parties is irretrievably broken, and there remains no reasonable likelihood that the marriage can be preserved.” There are no fault-based grounds. However, if your spouse (the respondent) denies that the marriage is irretrievably broken, you will need to prove one or more of the following facts:
As an alternative, the judge may continue the case for 30 days to six months, and suggest (but not require) that you seek counseling. The judge may then enter judgment without further proof.
Property division
Generally, each party will keep his or her nonmarital property, which is property:
All other property is marital property. Absent an agreement of the parties, the judge will divide the marital property “as the court deems just,” after considering any relevant factor, including:
Alimony in Missouri
Alimony, referred to as maintenance in Missouri, may only be awarded if the party seeking it (1) lacks sufficient property for his or her own needs; and (2) is unable to be self-supporting through employment, or should not be required to seek employment due to child custody responsibilities. Unless the parties have an agreement as to maintenance, the judge will decide the duration and amount of maintenance, after considering all relevant factors, including:
Child custody in Missouri
If you and your spouse have any minor children, there will have to be a custody determination. This comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. The parties, either separately or jointly, must submit a proposed parenting plan within 30 days after the respondent is served with the Petition or filed an appearance with the court. The proposed parenting plan must include (among other things):
If you and your spouse can reach an agreement on custody, it will be accepted by the judge unless it is determined not to be in the child’s best interest. If you cannot reach a custody agreement, the judge will decide the issue, after considering the following factors:
Child support in Missouri
Child support is determined by taking into account the following factors:
Miscellaneous matters
A judgment may not be entered until 30 days after filing. A party may change their name, but must publish required notices in a newspaper just like in any name change request.
If you are considering an online divorce, LegalZoom can help you get the divorce documents you need. We help you fill out the paperwork and check it for completeness and accuracy, and provide step-by-step instructions for filing and completing your divorce.
by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
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