If you no longer wish to be married to your spouse, you need to get a divorce. You generally must file for divorce in a state where you or your spouse reside.
This guide to how to file for divorce in Missouri helps you understand what to expect as you go through the process of submitting court paperwork and ending your union.
Who Can File for Divorce in Missouri?
In order to file for divorce in the state of Missouri, either you or your spouse must live in the state for at least 90 days. Military members stationed in the state for at least 90 days can also fulfill this eligibility requirement.
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What Are the Grounds to File for Divorce in Missouri?
There must be a reason you are getting divorced, which should be stated in your court filing when you pursue a divorce in Missouri.
In Missouri, many divorces are based on the fact that the marriage is irretrievably broken, which is considered no-fault divorce. If you and your spouse agree this is the case–or if one of you states this is the case and the other does not deny it–then you can get a divorce on these grounds.
However, if either spouse does not agree the marriage is irretrievably broken, the court will consider whether divorce should be approved. Factors that the court looks for include the following:
- Your spouse committed adultery and you no longer wish to be married because of it.
- Your spouse behaved improperly in a way that has made it unreasonable to expect you will continue to live together
- Your spouse abandoned you for at least six continuous months before the time you filed for divorce
- You and your spouse lived separate and apart for at least 12 months before filing for divorce and you were both in agreement with this living arrangement
- You and your spouse lived separate and apart for at least 24 months, even if you did not mutually agree to do so
How to File for Divorce in Missouri
In order to understand how to file for divorce in Missouri, you need to know where and how to submit court paperwork.
You can file for divorce in the county where either you or your spouse lives. You can use the Find a Court feature on the Missouri courts website to locate the appropriate court to file your forms and initiate the process of dissolving your marriage.
You will need to pay the divorce filing fees for your county when you file for divorce in Missouri. If you are unable to do so due to financial circumstances, you can request the court waive the fee by submitting a Forma Pauperis form.
When you file for divorce, you initially need to include several forms which may include the following documents:
- Petition for Dissolution of Marriage
- Income and Expense Statement
- Statement of Property and Debt
- Parenting Plan
- Filing Information Sheet
You can find these divorce forms on the Missouri Courts website. They come in the form of a fillable PDF or a blank PDF that you can print. There may also be additional documents you need to submit depending on your county or the specifics of your situation.
Serving Divorce Paperwork in Missouri
Once you file divorce paperwork, your spouse must be notified that you’ve initiated the divorce. There are different ways to provide notice including the following options:
- Waiver of personal service: With this approach, your spouse accepts the divorce paperwork and signs a form called “Entry of Appearance and Waiver of Service.” This form must be notarized and submitted to the court
- Personal service: A court officer or sheriff serves your spouse with the papers
- Private or special process service: A private process server is appointed by the court if your spouse is difficult to locate or evading service.
- Service by publication: The notice can be published in a newspaper or other public venue if you are not able to find your spouse and the court grants permission
After your spouse is served, they have 30 days to respond and file an answer. If your spouse does not respond, the court may move forward with a default divorce. This would mean that the court grants all of the requests that you made in your original petition to dissolve your marriage.
If your spouse does respond, you can move forward with the divorce proceedings and have your marriage dissolved either through a contested or uncontested divorce.
Contested or Uncontested Divorce
A divorce in Missouri can be contested or uncontested.
If it is a contested divorce, this means you have a trial.. The court evaluates evidence that you and your spouse present and makes a decision on the issues you cannot agree on that affect your divorce, such as child custody, division of property and debt, spousal support and child support. The court’s decision becomes the terms of your marriage dissolution.
In an uncontested divorce in Missouri, you and your spouse come to an agreement on all issues raised by the dissolution of your marriage and create a settlement agreement that contains the details. Your settlement agreement specifies what you’ve decided with regards to alimony, marital property and debt. It also must include a parenting plan that includes the following:
- Exactly how the child will share time each parent
- How you will handle transportation of the children between parents
- How legal custody is determined and whether the parents will share decision-making authority about important issues such as education and health care
- The amount of child support and how expenses related to children will be paid such as school costs and medical bills
- What process you will use to resolve any subsequent disagreements that arise related to the children after the divorce is finalized
Uncontested divorces can be less expensive and often result in better outcomes that both spouses are happy with. A Missouri divorce lawyer can help you negotiate a settlement agreement to maximize the chance of an uncontested divorce.
Your attorney can also help you find a professional mediator who specializes in helping couples reach divorce settlement agreements out of court if they cannot agree on their own.
What Is the Waiting Period for a Missouri Divorce?
In Missouri, a judge cannot grant a divorce unless at least 30 days have passed from the time that you filed for the dissolution of your marriage.
Getting Legal Help With a Divorce in Missouri
Knowing how to file for divorce in Missouri does not mean you are necessarily prepared to protect your rights at every step of the process.
Your children and future financial security are impacted by the outcome of your divorce, so it is important you have a legal advocate on your side. You should contact a Missouri divorce lawyer for help as soon as possible once you decide to end your marriage so you can maximize the chances of a simple, quick divorce that ends with a settlement agreement you can live with.
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Frequently Asked Questions (FAQs)
How is marital property divided in a Missouri divorce?
In Missouri, equitable distribution rules apply when a marriage ends. This means that the court must decide how to divide up shared property in a fair way. In equitable distribution states, an equal division of marital property is not guaranteed. Instead, the court aims for a fair distribution of property based on numerous factors including what each party contributed to the marriage and how long the union lasted.
Can you get alimony in a Missouri divorce?
Alimony is granted in some Missouri divorces, although it is generally referred to as “maintenance” in Missouri. The court considers many factors in deciding whether to order maintenance payments, including whether the recipient spouse has enough income or property to meet their reasonable needs as well as what employment and earning opportunities each spouse has.
How long does a Missouri divorce take?
There is a 30 day waiting period in Missouri between the time you file for divorce and the time that your divorce can be granted. If you and your spouse do not both agree that your marriage is irretrievably broken, you may also need to live separately for as long as 24 months to be able to move forward with dissolving your union.
