Missouri is a no-fault divorce state under Missouri Statute § 452.305. The sole ground for dissolution of marriage is that the parties cannot be reconciled. This no-fault approach means either spouse can file for divorce without proving any wrongdoing or fault on the part of the other spouse. Missouri does not recognize or require proof of traditional fault grounds such as adultery or cruelty for filing purposes.
The petitioner files a Petition for Dissolution of Marriage in the Circuit Court of the county where at least one spouse resides. Missouri does not impose any additional county residency requirements beyond the state-level 90-day requirement. Proper service of the petition and summons on the respondent is required. The respondent has a period to respond. If the respondent does not dispute the dissolution or raises no material disputes about property, custody, or support, the case can proceed uncontested. If disputes exist, the court will address contested matters through negotiation, mediation, or trial.
Under Missouri Statute § 452.375, at least one party must have been a Missouri resident for ninety (90) consecutive days immediately preceding the filing of the petition for dissolution. This residency requirement is strictly construed and must be met before a court has jurisdiction to enter a dissolution order. The 90-day period is measured from the date the petition is filed and looking back 90 days from that date.
Missouri follows the equitable distribution model under Missouri Statute § 452.330. The court divides marital property in a manner the judge determines is equitable and just under all the circumstances of the case. Equitable does not necessarily mean equal, and the court has discretion to award more property to one spouse than the other based on relevant factors.
The court examines the contributions of each party to the acquisition of marital property, both monetary and non-monetary. The court considers the value of the marital property, its nature, and how it was acquired. The court evaluates the age and health of each party, their earning capacity, and their ability to earn income in the future. The length and nature of the marriage are significant factors. The court considers whether one spouse supported the other's education or career development. The ability of each party to maintain an independent household is assessed. The court may consider marital misconduct in certain circumstances, though it is not the sole determinant of property division.
Property acquired before the marriage, through inheritance, or as a gift remains separate property and is not subject to division. All other property acquired during the marriage is presumed to be marital property. However, if separate property appreciates in value or is enhanced during the marriage through marital efforts, that appreciation or enhancement may be subject to division.
Missouri law emphasizes the best interests of the child under Missouri Statute § 452.375. The court determines custody and parenting time arrangements based on what will best serve the child's physical, emotional, and psychological needs.
The court considers the love and affection existing between the child and each parent. The ability of each parent to provide the child with food, shelter, education, and medical care is examined. The emotional ties between the child and each parent and other family members are considered. The adjustment of the child to the present home, school, and community is relevant. The willingness and ability of each parent to encourage and foster the child's relationship with the other parent. The strength of each parent-child relationship and the ability of each parent to meet the child's physical and psychological needs. Any history of substance abuse, domestic violence, child abuse, or neglect by either parent. The preference of the child may be considered if the child is of sufficient age and capacity to form a reasoned preference.
Missouri courts may award sole legal custody, joint legal custody, sole physical custody, or shared physical custody. Increasing recognition is given to shared parenting arrangements when appropriate. The court creates a parenting plan that specifies custody arrangements, visitation schedules, and decision-making authority.
Missouri law imposes a mandatory 30-day cooling-off period after the petition for dissolution is filed. The court cannot enter a judgment of dissolution until at least 30 days have passed from the filing date. This waiting period applies to all divorces, contested and uncontested alike, and cannot be waived. The purpose is to allow couples time for reflection and potential reconciliation.
If you cannot afford the filing fee, you can request a fee waiver by filing an Affidavit in Support of Request to Proceed In Forma Pauperis. The court must grant a fee waiver if you demonstrate an inability to pay the fees. This allows low-income individuals to file for divorce without financial barriers.
Uncontested divorces where both parties agree on all major issues typically finalize in 2-3 months after filing, accounting for the 30-day waiting period. Contested divorces take substantially longer, often 6 months to a year or more, depending on the complexity of the case and the court's schedule.
Yes, child support orders can be modified if there is a substantial change in circumstances since the order was entered. Either parent can petition for modification. The court will re-evaluate the parents' incomes, custody arrangements, and the children's needs before modifying the support amount.