Missouri
Divorce Law Guide

Missouri Divorce Guide :: Table of Contents

Missouri Divorce Overview
Grounds For Divorce Law Table
State Divorce Law Summary
Missouri Divorce FAQ
Missouri Divorce Statute Text

Missouri Divorce Overview

Residency Requirement

Living Separate & Apart

Processing Time

Filing Fee

3 months

N/A

120 days

$180.00

The facts about divorce in Missouri

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Missouri, a divorce can be completed on average in a minimum of 120 days, with court fees of $180.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Missouri for a minimum of three months.

On this page, you can learn about Missouri's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Missouri alimony calculation, the property division process and more.

Missouri Divorce Court Considerations Table

No Fault Sole Ground
No Fault Added to Traditional
Incompatibility
Living Separate and Apart
Judicial Separation
Durational Residency Requirements

Missouri Divorce Law Summary

What are the Grounds for Divorce?

One party must be a resident of the state of Missouri or is an individual from the Armed Forces who has been positioned in this state, for ninety days before the disintegration of marriage will be conceded.

The Petition for Dissolution of Marriage must be on grounds after that the disintegration of marriage is being looked for. The proper legal ground will be what the gatherings concur upon and can substantiate, or that which the documenting companion wants to demonstrate to the court. The disintegration of marriage grounds are as per the following:

The marriage is irretrievably broken, and there is no sensible probability that the marriage can be fixed. If both of the spouse's plea that the marriage is irretrievably broken, or one of them has stated, and the other has not denied it, the court, will have to consider the evidence presented and decide if the marriage has indeed fallen apart.

Missouri Divorce Guide - Frequently Asked Questions

In state of Missouri a number of factors are taken into account when ending a marriage.

1. Missouri Grounds for Divorce FAQ

Is Missouri a no-fault divorce state?
Does Missouri allow at-fault divorces?
Does the state of Missouri allow incompatibility as grounds for divorce?
Can you get a divorce in Missouri for living separate and apart?

2. Missouri Divorce Process FAQ

Does state of Missouri allow legal separation?
What's the difference between a divorce and an annulment?
How long do I have to live in in the state of Missouri to get a divorce?
What is the filing fee for a divorce in Missouri?
How long does it take to get a divorce in Missouri?

3. Missouri General Divorce FAQ

Can my spouse stop me from getting a divorce?
Does Missouri have any limitations on remarriage after a divorce?
What is the divorce rate in Missouri?
Does Missouri recognize same sex divorces?

1. Missouri Grounds for Divorce FAQ

Is Missouri a no-fault divorce state?

Missouri allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Missouri may be "irreconcilable differences", or similar grounds.

The state of Missouri is exclusively a no-fault divorce state, which means that the only grounds for divorce offered on divorce applications are considered no-fault.

Does Missouri allow at-fault divorces?

Missouri does not support traditional at-fault grounds for divorce, instead offering blanket divorce grounds that do not require either spouse to be proved to be at-fault when filing for divorce.

Does the state of Missouri allow incompatibility as grounds for divorce?

The state of Missouri does not allow incompatibility to be reason alone for having a divorce.

Can you get a divorce in Missouri for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

Missouri does not allow a divorce to be granted solely on the grounds of living seperate and apart from your spouse. You must instead file for divorce under one of Missouri's accepted grounds for divorce.

2. Missouri Divorce Process FAQ

Does state of Missouri allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

In some cases, Missouri will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.

What's the difference between a divorce and an annulment in Missouri?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

How long do I have to live in in the state of Missouri to get a divorce?

The state of Missouri requires that spouses suing for divorce to have lived in the state for a minimum of three months prior to filing divorce papers. Otherwise, Missouri courts are not considered to have jurisdiction over the divorce case.

What is the filing fee for a divorce in Missouri?

The court fees for filing the paperwork for a basic divorce in a Missouri court is $180.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

How long does it take to get a divorce in Missouri?

If the process moves along without holdups, the paperwork for a divorce in Missouri can be processed in a minimum of 120 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

3. Missouri General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Missouri. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.

| State Law Official Text

Section(s):
MO. REV. STAT. § 452.305MO. REV. STAT. § 452.320

452.305. 1. The court shall enter a judgment of dissolution of marriage if:

(1) The court finds that one of the parties has been a resident of this state, or is a member of the armed services who has been stationed in this state, for ninety days immediately preceding the commencement of the proceeding and that thirty days have elapsed since the filing of the petition; and

(2) The court finds that there remains no reasonable likelihood that the marriage can be preserved and that therefore the marriage is irretrievably broken; and

(3) To the extent it has jurisdiction, the court has considered and made provision for child custody, the support of each child, the maintenance of either spouse and the disposition of property.

2. The court shall enter a judgment of legal separation if:

(1) The court finds that one of the parties has been a resident of this state, or is a member of the armed services who has been stationed in this state, for ninety days immediately preceding the commencement of the proceeding and that thirty days have elapsed since the filing of the petition; and

(2) The court finds that there remains a reasonable likelihood that the marriage can be preserved and that therefore the marriage is not irretrievably broken; and

(3) To the extent it has jurisdiction, the court has considered and made provision for the custody and the support of each child, the maintenance of either spouse and the disposition of property.

3. Any judgment of dissolution of marriage or legal separation shall include the last four digits of the Social Security numbers of the parties. The full Social Security number of each party and each child shall be retained in the manner required under section 509.520.

452.320. 1. If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after considering the aforesaid petition or statement, and after a hearing thereon shall make a finding whether or not the marriage is irretrievably broken and shall enter an order of dissolution or dismissal accordingly.

2. If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospect of reconciliation, and after hearing the evidence shall

(1) Make a finding whether or not the marriage is irretrievably broken, and in order for the court to find that the marriage is irretrievably broken, the petitioner shall satisfy the court of one or more of the following facts:

(a) That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;

(b) That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;

(c) That the respondent has abandoned the petitioner for a continuous period of at least six months preceding the presentation of the petition;

(d) That the parties to the marriage have lived separate and apart by mutual consent for a continuous period of twelve months immediately preceding the filing of the petition;

(e) That the parties to the marriage have lived separate and apart for a continuous period of at least twenty-four months preceding the filing of the petition; or

(2) Continue the matter for further hearing not less than thirty days or more than six months later, or as soon thereafter as the matter may be reached on the court's calendar, and may suggest to the parties that they seek counseling. No court shall require counseling as a condition precedent to a decree, nor shall any employee of any court, or of the state or any political subdivision of the state, be utilized as a marriage counselor. At the adjourned hearing, the court shall make a finding whether the marriage is irretrievably broken as set forth in subdivision (1) above and shall enter an order of dissolution or dismissal accordingly.

Missouri Divorce Law Guide

What are the Grounds for Divorce?

1. Missouri Grounds for Divorce FAQ

2. Missouri Divorce Process FAQ

3. Missouri General Divorce FAQ

Missouri
Divorce Law Guide