Divorce is the legal process to end your marriage, and a divorce in Missouri follows a process our state has written down in statute.
Divorce in Missouri is a similar process to most states. Our state has laws that outline how the Court system will process and grant your divorce. Once you and your spouse work through this process, your divorce will be granted and you will legally be a single person.
Divorce is a difficult process. Understanding the ins and outs of how the Court system works can help navigate such a trying journey. Whether you are wanting to file divorce papers, or you have been served and are required to file an answer within 30 days, you need to know the ins and outs of the process.
This page is the overview. It covers how to file, what the law says, what the court decides, how long it takes, and which of the several routes through a divorce in Missouri is likely to be yours.
How to file for divorce in Missouri
Law firms may use a number of different terms to help market their services, but in the end, there is only one way to file for a divorce. A divorce starts when your Missouri divorce attorney files a Petition for Dissolution, as well as some other pleadings and the filing fee, with the local court. Our step by step walkthrough of how to file for divorce in Missouri covers each document, where it gets filed and what happens in the weeks after.
Once these pleadings are accepted by the Court and the case is assigned a case number and a Judge, your dissolution case is officially open with the Missouri Court system. The pleadings, or court forms to be filed, include the following.
The five stages of a divorce in Missouri
Every dissolution moves through the same five stages. What separates an easy case from a hard one is how long you spend in stage three.
Laws for divorce in Missouri
While there are many different statutes that can apply to a divorce case, the general divorce laws in Missouri are mostly found in Chapter 452 of the revised statutes. For example, RSMo. 452.330 deals with property division for your divorce in Missouri. This includes how to tell the difference between separate and marital property and the rules the Judge will follow when dividing marital property.
Another example would be RSMo 452.310 listing the requirements for a parenting plan. A parenting plan details all of the terms of a custody arrangement between the two parents. If the child happens to be exceptionally young, a young child custody plan may be set in place.
In addition to the Missouri statutes, there are also rules that must be followed by the lawyers and the parties to the divorce. These are the Missouri Supreme Court Rules, as well as the local rules for the circuit court where your case is filed. The case is filed in the county where either party resides.
For the statutory detail behind all of this, see our fuller guide to Missouri divorce laws and the full text of the grounds for dissolution of marriage.
Uncontested divorce or contested divorce in Missouri
As we mentioned earlier, the divorce process is always the same to some degree, but can be very quick or can be longer. Any case must be filed with the Court to be opened, and a Judgment must be entered for the case to be closed. The difference between cases is found in the area between the case being opened and closed.
A true uncontested or amicable case is very quick and closes soon after being opened. These cases almost always involve the parties agreeing to the terms of their divorce and entering a settled resolution.
A contested case involves parties that are not in agreement on some or all of the terms of their divorce. These cases tend to last longer and require more Court involvement to reach a resolution. Beyond that basic split, a divorce in Missouri can take several different shapes.
Issues in a dissolution of marriage case
At our Missouri law firm, we always tell potential clients that a divorce case can contain up to four main issues. Some cases will have all of them, while others will only have a few. All divorce cases will at least have one issue, which is property and debt division.
Temporary orders in Missouri divorce cases
During divorce proceedings, which can often take several months to complete, Missouri courts understand that certain pressing matters need immediate attention. These interim decisions are handled through temporary motions and orders, also known as Pendente Lite or PDL orders. These temporary arrangements remain in effect until the final divorce judgment, or until a later court order modifies them.
The court considers several key factors when issuing temporary orders.
These temporary orders can be modified during the divorce process if circumstances change significantly. While they provide immediate solutions to pressing issues, they do not necessarily predict or influence the final divorce judgment. Working with an experienced Missouri divorce attorney can help ensure your temporary orders adequately protect your interests during this transitional period.
Missouri is an equitable division state
Speaking of property and debt division, many clients ask our divorce attorneys how the Judge will divide property and debt. Missouri is not a community property state. Missouri is an equitable division state, which means property and debt must be divided in a way that the Judge thinks is fair.
While other states dictate that property must be divided equally, Judges in Missouri are given more flexibility. Many Missouri Judges will start at a 50/50 division when considering property and debt, then potentially move from that percentage based on a number of different factors.
What about the cheating
How does infidelity play a role? Our lawyers are asked this question a lot. How does cheating affect the outcome of my case? Not as much as you will think. Missouri, and every other state, used to be a lot stricter about divorce.
Some states are still fault divorce states, but Missouri is not, and you do not need infidelity or any other reason to get a divorce. The Judge can consider infidelity when dividing property and when awarding spousal support, so it is not a complete non-factor.
Where your divorce in Missouri gets filed
Your case is filed in the county where either party resides, and which courthouse you land in genuinely changes how the case moves. Local practice, docket speed, and what a particular judge or family court commissioner expects are not the same across the metro. Bardol Law Firm handles divorce in four jurisdictions.
St. Louis City, 22nd Judicial Circuit Family Court
St. Charles County, Circuit Court in St. Charles
Jefferson County, Circuit Court in Hillsboro
Common questions about divorce in Missouri
How does divorce work in Missouri?
A divorce in Missouri works in five stages. One spouse files a Petition for Dissolution, the other spouse is served and has thirty days to answer, both sides disclose their finances, the case settles or goes to trial, and the judge enters a Judgment of Dissolution of Marriage. The minimum time from filing to judgment is thirty days, and one spouse must have lived in Missouri for ninety days before filing.
Is Missouri a community property state?
No. Missouri is an equitable division state, not a community property state. Community property states split marital property down the middle by default. Missouri judges divide it in whatever way they consider fair given the circumstances, which often starts near 50/50 but can move from there.
Is it better to file first for divorce in Missouri?
It actually does not matter which spouse files the divorce case in Missouri. Judges rarely pay attention to which party filed and which party is responsive. Missouri is a no fault state, which means you do not need a reason to file other than alleging that the marriage is irretrievably broken and cannot be preserved.
How long do you have to be separated to get a divorce in Missouri?
There is no separation requirement to be granted a divorce in Missouri. Many couples live together throughout the Court process, for financial purposes or otherwise, and then separate upon entry of the final Judgment. While other states may have a separation requirement, our State does not. As long as you have lived in Missouri for 90 days, you can file whether separated or not.
How long does a divorce in Missouri take?
Thirty days is the statutory minimum between filing and judgment, and almost no case finishes that fast. A genuinely agreed case typically runs a few months. A contested case with discovery, valuation work or a custody dispute runs considerably longer. The honest answer is that the length of your divorce is mostly determined by how much the two of you disagree, not by the court. We go deeper on this in how long a divorce takes in Missouri.
Does my spouse have to agree to the divorce?
No. One spouse can end a marriage in Missouri. If your spouse does not respond after being properly served, the court can proceed by default and grant what the petition requested without hearing the other side.
Can my spouse and I use the same lawyer?
No. Even in the friendliest agreed divorce, one attorney cannot represent both spouses. An attorney can draft the paperwork for one of you while the other reviews it independently or proceeds without counsel, and you should be clear which of those you are before you sign anything.
Keep reading
Are you done with the stress
Until you move forward and get through this process, the stress and the conflict will not end. Our law firm provides legal services for divorces in Missouri, particularly in St. Louis and the surrounding areas. If you give us a call, we can talk it through. There is no pressure and we can answer your questions.
Not sure which of these describes your situation?
That is a normal place to start, and it is usually a question we can answer in one conversation. Bardol Law Firm handles family law and nothing else, in St. Louis County, St. Louis City, St. Charles County and Jefferson County. We generally return calls within one business day.
This page is general information about divorce in Missouri, not legal advice, and reading it does not create an attorney client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements.