How to File for Divorce in Missouri
Missouri divorces are filed in Circuit Court (Family Court division where available). Missouri uses equitable distribution and is largely no-fault, focusing on whether the marriage is irretrievably broken.
Requirements to File
At least one spouse must have lived in Missouri for 90 days before filing. File in the Circuit Court for the county where either spouse resides. No separation is required to start, but at least 30 days must pass after filing before the court can enter a judgment of dissolution.
Step-by-Step Process
Step 1: Choose your path and prepare forms. For an uncontested case, complete the Petition for Dissolution, Summons, and financial statements. With children, prepare a parenting plan and expect parent education requirements in many circuits.
Step 2: File with the clerk. File at the Circuit Court (e-filing is common). Pay the filing fee or request an indigency waiver if needed. You’ll receive a case number and file-stamped copies.
Step 3: Serve your spouse. Use sheriff or process server, certified mail where permitted, or obtain a signed acknowledgment/entry of appearance. If your spouse cannot be found despite diligent search, request alternate service.
Step 4: Observe timelines and exchanges. A respondent generally has 30 days after service to answer. Exchange complete financial information early to streamline settlement.
Step 5: Settlement or hearing. If you settle, submit a Separation Agreement, child-related orders if applicable, and a proposed Judgment of Dissolution. If issues remain, the court may set case management, mediation, and hearings.
Step 6: Final judgment. After the statutory time and review, the judge issues a Judgment of Dissolution of Marriage that addresses property/debt division, maintenance if any, legal/physical custody and parenting time, child support, and any name change. Obtain certified copies.
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FAQs
Is Missouri a no-fault state?
Yes. Missouri grants divorces when the marriage is irretrievably broken. If one spouse denies this, the judge can still find breakdown based on evidence such as separation or misconduct.
Which court handles divorce in Missouri?
The Circuit Court (Family Court division where available) in your county.
How long does a Missouri divorce take?
At least 30 days must pass after filing before judgment. Uncontested cases often finalize soon after if paperwork is complete.
