Missouri State Divorce Law

Parties filing a Petition for Dissolution of Marriage in a Missouri Circuit Court must have been a resident of the state for a minimum of 90 days prior to filing.

Missouri Grounds for Divorce

Missouri is a no-fault divorce state, meaning there are no means by which a spouse can charge fault in a dissolution of marriage petition.

Uncontested Divorce in Missouri

In an uncontested divorce, the petitioner may simply file the proper legal documents, notify the other party, and allow the court to make a final ruling. If the respondent does not answer the summons, the divorce may be granted by default.

In addition, Missouri allows for a simplified divorce, by which the parties file jointly and the court determines the validity of their petition, generally granting it within 30 days.

Contested Divorce in Missouri

A contested divorce is one in which the parties are not in agreement over how to reconcile many of the elements of the settlement. In those cases, the parties and their divorce attorneys must generally present their cases before a court for a legal ruling on those elements.

Annulment in Missouri

Annulment is rare in Missouri, even though there are situations in which it would be advantageous to have an illegal marriage declared null and void. However, Missouri has made divorce much simpler, and the grounds for annulment are difficult to prove, so it is rarely chosen. Those grounds for annulment include:

• Duress
• Mental illness
• Lack of assent to the marriage
• Impotency that is beyond cure
• Underage marriage, by someone under 15 without the consent of parents
• Same-sex marriage
• Bigamy

No Fault Divorce in Missouri

Missouri only recognizes no-fault divorces filed on grounds of an irretrievable breakdown of the marriage with no reasonable hope for reconciliation.

Missouri Fault Divorce

There are no legal means for fault-based divorces in Missouri. However, there are processes for seeking a legal separation based on the following grounds:

• Adultery
• Abandonment
• Misconduct causing a separation in the year before the petition
• Unacceptable behaviour that one of the spouses cannot be reasonably expected to live with
• Living separately for 2 years or more

Missouri Divorce and Child Custody

Child Custody Laws

Courts in Missouri consider the best interests of the child to be the primary basis for custody decisions. However, there are other elements that may be considered as well:

• The parents’ wishes
• The child’s needs for a consistent and meaningful relationship with both parents and the parent’s ability to provide it
• The child’s relationship with parents, siblings, and others who may affect the child’s best interests
• The party most likely to allow the child consistent and meaningful contact with the other
• The child’s adjustment to home, school, and community
• The physical and mental health of all parties
• Any intention of either parent to relocate the child
• The child’s wishes

Child Alimony

In Missouri, the courts may order either or both parents to support the child, without consideration of any marital misconduct. The court will consider other factors, however, including:

• Custody orders
• The financial needs and assets of the child
• The standard of living the child would have enjoyed if the marriage had continued
• The child’s emotional, physical, and educational conditions and needs
• The parents’ financial resources, obligations, and needs
• In addition, either parent may be ordered to provide health insurance for the child if a reasonable plan is available through their employer or other organization.

Missouri uses the Income Share Model to calculate support estimates, as well as Child Support Worksheets.

Missouri Divorce Spousal Support

If the Missouri courts consider it necessary, they may require spousal support based on one or more of the following factors:

• The dependent party’s financial resources
• The time required for the dependent party to receive training and/or education in order to procure employment and become independent
• The parties’ earning capacity, resources, obligations, and needs
• The former marital standard of living
• The length of the marriage
• The dependent party’s health and age
• The parties’ conduct during the marriage

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Missouri

Spouses in the military are protected by Missouri law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From A Missouri Divorce Lawyer?

The legal world is becoming more complex every day. And even as the requirements for divorce are being simplified through no-fault processes like those in Missouri, it is still vital to not only file the appropriate forms correctly and on time, no case where settlement elements are under contention can be successfully resolved without effective representation. An experienced divorce attorney can provide the representation and expertise that petitioners require.