Everything to Know About Divorce in Missouri
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
No one plans for divorce, but if you’re here, you’re probably trying to get your bearings. Missouri has its own rules, timelines, and quirks when it comes to ending a marriage. This guide covers the legal basics in plain language, so you can understand your options and figure out your next move with more clarity (and less Googling).
Prerequisites for divorce (dissolution) in Missouri
Residency
Either spouse must have lived in Missouri for at least 90 days before filing.
Waiting period
There is a 30-day minimum waiting period after filing before a divorce can be finalized.
Separation requirement
Missouri does not require spouses to live apart before filing or finalizing a divorce.
No-fault divorce in Missouri
Missouri is a pure no-fault divorce state. You only need to show that the marriage is “irretrievably broken.” No proof of wrongdoing is required. That said, misconduct (like abuse or hiding assets) can still factor into decisions about alimony or property division.
How to file for Divorce in Missouri
- File a Petition: Submit a Petition for Dissolution of Marriage (Form CAFC001) in the circuit court of your county.
- Serve the other spouse: Must be done by sheriff, process server, or certified mail.
- Response deadline: The respondent has 30 days to answer.
- Financial disclosures: Each party must file a Statement of Income and Expenses.
- Court appearance: Typically required, even in uncontested cases.
- Final decree: Once all issues are resolved, the judge issues a Judgment of Dissolution.
Cost of divorce in Missouri
Filing fee varies by county, but is generally around $160–$200. Other costs may include:
- Service of process
- Mediation or parenting class (if children involved)
- Legal help
Can’t afford the fees? You can file a Motion to Proceed In Forma Pauperis to request a waiver.
Property and debt division in Missouri
Missouri follows equitable distribution, not 50/50 by default.
The court considers:
- Each spouse’s income, property, and debts
- Contributions to the marriage
- Custody arrangements (if relevant)
- Misconduct that impacts finances
Separate property (e.g., gifts, inheritance, premarital assets) is typically excluded unless commingled.
Alimony (spousal maintenance) in Missouri
Spousal maintenance is available but not automatic. Factors include:
- Duration of the marriage
- Earning ability and needs of each spouse
- Standard of living during the marriage
- Contributions to household or career
Types of alimony:
- Temporary (during the case)
- Short-term (to help transition)
- Long-term (rare, for long marriages)
Judges refer to Form 14 but there is no strict formula.
Child custody and support in Missouri
Custody
Missouri prefers joint legal and physical custody unless one parent is unfit. The court uses the best interests of the child standard and considers:
- Parenting involvement
- Mental/physical health of parents
- Any history of abuse
- Willingness to foster a relationship with the other parent
Support
Missouri uses Form 14 to calculate child support. Both parents’ income and custody time are factored in. Use the Missouri Child Support Calculator to estimate payments.
Military divorce in Missouri
Military members can file if they or their spouse live or are stationed in Missouri. Federal protections like the Servicemembers Civil Relief Act (SCRA) apply.
Legal separation and annulment
- Legal separation: Missouri allows for separation instead of divorce (dissolution) using a similar legal process.
- Annulment: Rare, and only granted for marriages that were never legally valid (e.g., bigamy, underage, fraud).
Can you file for divorce online in Missouri?
Some counties allow e-filing. Check your local court’s website or visit Missouri Courts eFiling Info.
After the divorce
After your divorce (dissolution) is finalized:
- Update your name (can be handled in the final judgment)
- Change tax filing status (single if divorced by Dec 31)
- Modify custody/support later if needed
- Review wills, insurance, and retirement beneficiaries
Legal help and resources
Missouri divorce is relatively straightforward—especially if both parties agree—but things like property, custody, and spousal support can still get complex. Know the rules, stay organized and don’t hesitate to seek our guidance if you need it.
