How to File for Divorce in Missouri

In Missouri, a divorce is called a dissolution of marriage. For any married couple, this will accomplish two things: (1) severing the marital relationship and (2) dividing assets and debts. However, if one of you is unable to be self-supporting after the divorce, the issue of alimony may arise, and if you have minor children, the issues of child custody and child support must also be resolved.

There are many moving parts when it comes to getting a divorce in Missouri, so it's important to get a grasp on the legal steps to help ensure a smooth process. Let’s take a look at Missouri divorce laws, property division, child support, alimony, and more.

 

Missouri divorce laws

Before initiating the divorce process, familiarize yourself with Missouri divorce laws to ensure you and your spouse qualify for a divorce in the state. This involves ensuring residency requirements and understanding grounds for divorce in Missouri.

Residency requirements

In order to file for dissolution of marriage in Missouri, one party must be a resident of the state or stationed in Missouri as part of the military for at least 90 days.

You may file in the circuit court in the Missouri county where either party resides.

Grounds for divorce

“Grounds” for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. In at-fault divorce states, you are able to include certain offensive acts as grounds for divorce, such as if your spouse committed adultery or abandoned you. However, Missouri is a no-fault state only, meaning the state doesn't require you to provide a reason for the divorce.

No-fault grounds for dissolution simply 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.”

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 to move forward with the divorce proceedings:

• You find it intolerable to live with your spouse.
• You cannot reasonably be expected to live with your spouse due to his or her behavior.
• Your spouse abandoned you for six continuous months before filing.
• You and your spouse have lived separate and apart by mutual consent for a continuous period of 12 months immediately preceding the filing of the petition.
• You and your spouse have lived separately and apart (without mutual consent) for a continuous period of at least 24 months preceding the filing of the petition.

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.

Contested vs. uncontested divorce

You can file for a contested or uncontested divorce in Missouri.

An uncontested divorce is when you and your spouse agree to all the terms of the divorce, such as child support and alimony. In this case, you simply file the appropriate paperwork and wait for a hearing for the judge's approval.

A contested divorce, on the other hand, is when you and your spouse can't agree to the terms of the divorce, so you must go to family court for a judge to decide on contested issues. Contested divorces are often more costly and time-consuming than uncontested divorces.

Of these two options, an uncontested divorce is the simpler procedure, where you and your spouse file together after reaching an agreement on all issues.

How to get a divorce in Missouri in 8 steps

If you want to file for divorce in Missouri, follow these eight steps.

1. Consult a divorce attorney

Let's face it: The legal system can be complicated. It's not always easy deciphering divorce laws and making sense of all the divorce filing requirements, so that's why we recommend consulting a Missouri divorce lawyer.

Hiring a Missouri divorce attorney isn't required, but it can be beneficial. A divorce lawyer can help you navigate the ins and outs of the divorce process and educate you on your legal rights while ensuring you tick off all the right boxes.

At LegalZoom, you can work with an experienced divorce attorney who will help you prepare all the paperwork, provide legal support, and guide you through the divorce process.

2. Prepare divorce forms

The next step involves filling all the required paperwork, which you'll file with the Missouri court.

If you're requesting the divorce, you'll need to prepare the following forms:

• Petition for Dissolution of Marriage. This is the legal document that requests the court to end your marriage.
• Filing Information Sheet. This provides the court with basic information about both parties and your case.
• Parenting Plan. If you have children under the age of 18, this form will include details about the custody arrangements.
• Statement of Income and Expenses. This document describes both parties' financial situations, which helps determine property division, alimony, and child support.
• Statement of Property and Debt and Proposed Separation Agreement. This form details both parties' assets and debts and offers suggestions on how they should be divided.
• A proposed Judgment of Dissolution of Marriage. This document will outline the agreed upon terms of the arrangement once the divorce is complete.

3. File the petition

Once you've completed the Petition for Dissolution of Marriage, you must file it with one of the district county clerk's offices in the Missouri county where you or your spouse resides. Filing this petition is what initiates the divorce process as it signals to the court that you're requesting a divorce.

Keep in mind, you will need to pay a filing fee with the petition. The cost varies depending on the county, but you can expect to pay anywhere between $125 and $250.

4. Serve divorce papers

The next big step in filing for divorce in Missouri involves serving divorce papers and summons to your spouse, which is called the service of process. (Mo. Rules Civ. Proc., rules 54.13, 54.14, 54.16 (2022)).

You can serve divorce papers in Missouri in the following ways:

• Law enforcement service. You can request your local sheriff or a court officer to deliver the paperwork to your spouse. Keep in mind that this can take up to a few weeks.
• Professional process server. A professional process server can serve papers to your spouse on your behalf in a timely manner.
• Special process server. If you don't know where your spouse is, the court may appoint a special process server to track them down and deliver the paperwork and summons.

Waiver of personal service. If your spouse is willing to accept the petition, you can arrange for a waiver of personal service in which your spouse signs an "Entry of Appearance and Waiver of Service" before a notary public and files it with the Missouri courts.

5. Receive spousal response

After your spouse has been served the petition and summons, they have 30 days to file a response, according to Missouri law (Mo. Rules Civ. Proc., rule 55.25(a) (2022).

During this process, your spouse will provide a written response, called the Answer, in which they can agree, challenge, or deny the information outlined in the paperwork. They'll need to sign the document in front of a notary and file it with the same county clerk's office.

If your spouse ignores the petition or fails to respond within 30 days, you can request a default and inquiry and schedule a hearing. In other words, you can ask the court to decide your case without your spouse's input.

6. Disclose financials

When filing a contested divorce, you and your spouse must exchange financial information in a document called an Affidavit of Financial Information (AFI), outlining your expenses, income, assets, and debts.

During this discovery phase, this information will help determine certain arrangements like alimony, child support, and property division.

7. Negotiate and settle

If you and your spouse filed an uncontested divorce, then you’ve already negotiated the details of your divorce and agreed on them. If you're filing for a contested divorce, then you'll need to negotiate and agree on the terms of your arrangement.

Your divorce lawyers can help you during these negotiations, but if you can't come to an agreement, you may need to enter mediation, where you'll work with a third-party mediator to resolve the issues, or allow the court to decide on contested matters.

8. Attend court hearing and receive final judgment

If you filed for an uncontested divorce, you must wait for the judge to sign the dissolution of marriage paperwork and legally end your marriage, which will take at least 30 days. This usually involves attending a hearing to receive the court's approval, but some Missouri counties don't require a hearing, so be sure to check with the court where you filed your paperwork.

Conversely, if you and your spouse filed a contested divorce and can't settle, then you'll need to attend a court hearing in which the judge will make the final decision on the remaining issues. Once the judge makes a decision, you'll receive the Judgement of Dissolution of Marriage document, and your marriage will be legally ended.

How much does a divorce cost in Missouri?

The average cost of a divorce is anywhere from $500 to more than $11,000. The price you pay will depend on various factors, such as your divorce attorney’s rate (if you hire one), the length of mediation (if necessary), and whether you've filed for a contested or uncontested divorce, the cost of your divorce attorney.

For instance, the average hourly rate for a divorce attorney is $270, but some charge as much as $500 an hour. Meanwhile, mediation fees can be several thousands of dollars.

When calculating the cost of a divorce in Missouri, consider the cost of filing fees in your specific jurisdiction. The filing fees for a Missouri divorce vary from one county to the next, with some counties charging different fees depending on whether you’re filing with or without children. For instance, in Clay County, it costs $137.50 to file for divorce without children and $197.50 to file with children.

If you can't afford the filing fees, you can request a fee waiver application called an In Forma Pauperis, where you provide proof of your financial hardships.

Property division in Missouri

Missouri is an equitable distribution state, meaning the court will divide your marital property fairly but not necessarily equally.

Generally speaking, each party will keep his or her non-marital property. This includes property acquired before the marriage or after marriage by gift or inheritance, as well as property acquired in exchange for property acquired before marriage or by gift or inheritance. Each party also gets to keep property acquired by a spouse after a decree of legal separation. Furthermore, property excluded from marital property by a valid written agreement of the parties or representing any increase in value of non-marital property is also kept separate.

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:

• Economic circumstances, including the desirability of awarding the family home, or the right to live in it, to the party having custody of any children
• Each party's contribution (including as a homemaker) to the acquisition of marital property
• The value of the non-marital property set apart for each party
• The conduct of the parties during the marriage
• The custodial arrangements for minor children

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 financial support after considering all relevant factors, including:

• The financial resources of the party seeking maintenance, the ability to meet his or her needs independently, and any child support that includes a sum for a custodian
• The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment
• The parties’ comparative earning capacities
• The standard of living established during the marriage
• Each party’s obligations and assets
• The duration of the marriage
• The age and the physical and emotional condition of the party seeking maintenance
• The ability of the paying party to meet his or her needs while paying maintenance, and
• The conduct of the parties during the marriage

Moreover, when deciding the terms of spousal support, the judge can order one of three kinds of alimony in Missouri: temporary, short-term, or permanent alimony.

Child custody and support in MO

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:

• A schedule detailing the time for each child to be with each party
• A plan detailing how the decision-making rights and responsibilities will be shared
• How the expenses of the child will be paid

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.

However, if you cannot reach a custody agreement, the judge will decide the issue after considering the following factors:

• The wishes of the child and the wishes of the parties as to custody and their proposed parenting plans
• Each party’s ability and willingness to perform their parental functions
• The relationship of the child with parents, siblings, and any other significant person
• Which party is more likely to allow meaningful contact with the other party
• The child’s adjustment to home, school, and community
• The mental and physical health of all persons involved, including any history of abuse
• The intention of either party to relocate the principal residence of the child

Child support is determined by taking into account the following factors:

• The financial needs and resources of both parties and the child
• The standard of living the child would have enjoyed had the marriage not been ended
• The physical and emotional condition of the child and their educational needs
• The custody arrangements, including the amount of time the child spends with each parent and the expenses associated with the custody or visitation arrangements
• The reasonable work-related childcare expenses of each party

Missouri courts also require divorcing parents to attend a court-sponsored Parent Education Program. Both parties must provide a certificate of program completion within 45 days of filing or receiving the divorce petition.

FAQs

Review these FAQs for more information about the Missouri divorce process.

How long does a divorce take in Missouri? 

A divorce in Missouri can take anywhere from 30 days to a year or longer to finalize.

For uncontested divorces, there is a 30-day waiting period from the time that you file your petition to the time that the judge signs off on the paperwork. However, it could take longer, depending on the judge's availability.

As for contested divorces, these take much longer because both parties must go through negotiations and mediation to resolve their issues, and if they still can't agree, then they have to take their case to court, which could take months.

Can I file for divorce without a lawyer in Missouri?

Legally, you can file for divorce without a divorce lawyer, but we don’t recommend it. 

However, if you decide to proceed without a divorce lawyer, Missouri requires you to complete the Litigant Awareness Program. This program educates you on the Missouri court system and describes the risks and responsibilities associated with self-representation.

How do I change my name after divorce in Missouri?

A judgment may not be entered until 30 days after filing. A party may change its name but must publish required notices in a newspaper just like in any name change request. If you wait until after your divorce has been finalized, you must file a name change petition with the court.

That said, you can also request a name change as part of the divorce proceedings by including it in your divorce petition.

How long do you have to be separated to get a divorce in Missouri?

Missouri does not require a separation period before couples can get divorced. However, the state does have a waiting period in which the parties must live separately for at least 30 days after filing their divorce petition with the courts.

Can you get a divorce without the other person signing in Missouri?

Yes, because Missouri is a no-fault divorce state, you can obtain a divorce without your spouse’s consent. Furthermore, if your spouse doesn't sign or respond to your petition, you can request a default divorce in which the judge grants you a divorce without your spouse's participation or approval.

Edward A. Haman, Esq. contributed to this article.