Marriage & Divorce Laws in Missouri

Missouri Finances, Property and Support

Other Important Topics about Divorce in Missouri 

Important Information About Divorce in Missouri

What is the waiting period for divorce in Missouri?
30 days

Do you need to be separated before filing for divorce in Missouri? If so, how long?
No.

What property division method is used in Missouri (e.g., separate property/equitable distribution)?
Equitable Distribution

What is the filing fee for divorce in Missouri?
Varies by location; around $160. Use the "Find a Court" search feature to locate your local court: courts.mo.gov

Is a joint petition possible in Missouri?
Yes.

How do you waive the filing fee in Missouri?
Submit a Motion and Affidavit in Support of Request to Proceed As a Poor Person: courts.mo.gov

What are the annulment rules in Missouri?

• Bigamy

• Underage

• Related

• Lack of capacity

• Duress/fraud

• Common law marriage

Is there a faster way to divorce in Missouri (e.g., summary dissolution)?
Uncontested is the fastest way. It could take as little as 30 days from filing the petition to finalize.

What are the parties divorcing called in Missouri?
Petitioner/Respondent

What methods are available to serve divorce papers in Missouri, and can the respondent waive service?

• Personal Service: The sheriff or court officer hand-delivers the petition and summons.

• Private or Special Process Server: Appointed if the respondent is difficult to find or avoiding service; consult with an attorney.

• Service by Publication: Allowed only if the respondent cannot be located after diligent attempts. Court permission required. Consult a lawyer before choosing this method, as it affects maintenance or child support rights.

What are the residency requirements for divorce in Missouri?
One party must have lived in Missouri for 90 days or be a military member stationed there.

Does it matter who files first in Missouri?
No.

What is the deadline to respond to divorce papers in Missouri?
30 days

Are the parties required to go to court in Missouri?
Court requirements vary by circuit. Some require pretrial or settlement conferences. Parties often must request a final hearing date. Most cases settle out of court.

Are there pre-divorce requirements such as classes in Missouri?
Yes. If self-representing, complete the Litigant Awareness Program and file the certificate: courts.mo.gov

Is separation required before finalizing your divorce in Missouri?
No.

Is Missouri a no-fault divorce state?
Yes.

Is permanent alimony/spousal support available in Missouri?
Yes, but uncommon.

What are the rules for alimony/spousal support in Missouri?
Maintenance may be granted if a spouse lacks sufficient property or employment capability to meet reasonable needs. Factors include financial resources, earning ability, marriage duration, and marital conduct. More details: womenslaw.org

What are the child support rules in Missouri?
Child support is calculated using Form 14 as guidance, though it's not a definitive calculator. Support generally terminates at age 18, unless certain conditions extend it (e.g., disability, continuing education until age 21). Enforcement available through courts or Missouri Family Support Division.

What are the rules for military divorce in Missouri?
Residency requirement: 90 days if stationed in-state. Pension division follows the USFSPA, and the 20/20/20 rule may apply. Marriage duration under 10 years may require cash settlement.

Is there an official spousal support calculator in Missouri?
No. The court uses Form 14 as guidance.

Is there an official child support calculator in Missouri?
No. The court uses Form 14 as guidance.

When can you file taxes as a single person after divorce in Missouri?
If divorced or legally separated by December 31 of the tax year.

Can parties legally separate in Missouri? If so, how?
Yes. Legal separation follows the same process as divorce but remains married post-judgment. Typically used for religious or insurance reasons, or potential reconciliation.

Where do you file for divorce in Missouri?
File a Petition for Dissolution of Marriage (CAFC001) in the county where either party resides.

What are the filing rules in Missouri?
The petition must be notarized and filed in the county where either party lives. Fees vary.

What primary documents are generated during divorce in Missouri?
Certificate of Dissolution of Marriage, Statement of Income and Expenses, Statement of Property and Debt, Proposed Separation Agreement, Respondent’s Answer, Judgment and Decree, Parenting Plan

Can you change your name during the divorce process in Missouri? If so, how?
Yes. Request the change in your divorce pleadings, included in the final judgment. Take a certified copy of judgment to appropriate agencies: courts.mo.gov

Can you finalize a divorce while pregnant in Missouri?
No. americanpregnancy.org

If you can't divorce while pregnant, what are the rules after pregnancy in Missouri?
Paternity is presumed if birth occurs within 300 days post-divorce.

What is the process for ending domestic partnerships in Missouri?
Domestic partnerships are not uniformly recognized in Missouri and depend on local jurisdictions. For example, termination forms in Minneapolis (an example jurisdiction) can be found here.

Are financial disclosures required in Missouri? If so, how?
Yes. Use this form: courts.mo.gov

Is there free legal help for divorce in Missouri? If so, how do you access it?
Sometimes. Options include:

• Legal Services of Missouri

• Mid-Missouri Legal Services

• Legal Aid of Western Missouri

Does Missouri recognize common law marriage?
No, not since 1921, but common law marriages from other states are recognized.

Is e-filing available in Missouri?
Yes, some circuits allow electronic filing (fax or email). Check local court rules.

Are you required to appear in court at any point during the divorce process in Missouri?
Typically yes, for a final hearing. However, some counties may finalize the divorce without appearance if paperwork and agreements are in order. There's a mandatory 30-day waiting period after filing.

Sources:

https://www.courts.mo.gov