Missouri divorce · Step by step
Filing for divorce in Missouri starts with one document, the petition, but the choices you make in it and the records you gather before it shape everything that follows.
This guide walks through how to file for divorce in Missouri, from the residency rule to the final judgment, and where the process changes when you have children or disagree about property. Bardol Law Firm handles divorce and family law across St. Louis City, St. Louis County, St. Charles County and Jefferson County, and we explain each step in plain English.
- Two to three years of tax returns
- Recent pay stubs and bonus records
- Business records if self-employed
- Bank, retirement and investment statements
- Deeds, mortgage and vehicle titles
- Credit card and loan balances
- Children’s names, birthdates and schools
- Your current parenting routine
- Any prior court orders
Who Can File and on What Grounds
Missouri is a no-fault state. You do not have to prove wrongdoing. The court must find that the marriage is irretrievably broken, meaning there is no reasonable likelihood it can be preserved. One spouse must have lived in Missouri for the 90 days before filing, and the judgment cannot be entered until at least 30 days after the petition is filed (RSMo 452.305). For more, see is Missouri a no-fault divorce state.
The case is filed in the circuit court of the county where you or your spouse lives (RSMo 452.300).
| If you live in | The case is filed in | Local guide |
|---|---|---|
| St. Louis County | 21st Judicial Circuit, Clayton | Mediation in St. Louis County |
| City of St. Louis | 22nd Judicial Circuit, downtown St. Louis | Mediation in St. Louis City |
| St. Charles County | 11th Judicial Circuit, St. Charles | St. Charles divorce |
| Jefferson County | 23rd Judicial Circuit, Hillsboro | Jefferson County divorce |
Nobody should file for divorce without knowing their rights first.
That is why Bardol Law Firm handles family law and nothing else. We spend every day in these courts, and we explain things in plain English. So we built a one-hour strategy session with you, an experienced attorney and your actual case, with clear next steps by the end.
$300 · One full hour with an attorney · No obligation to retain our firm
How to File for Divorce in Missouri, Step by Step
A verified petition for dissolution of marriage lists the residence of each spouse, the date of marriage and separation, any children, and the relief you are asking for on property, support and custody.
The petition is filed in the right county with the filing fee. If you cannot afford the fee, you can ask the court to waive it.
Your spouse is served by a sheriff or special process server, or can sign an entry of appearance instead. The response is generally due 30 days after service.
Both spouses disclose income, expenses, property and debts. In contested cases this can include written questions, document requests and depositions.
The court can set temporary custody and support. Parents file a proposed parenting plan within 30 days after service and attend court-ordered parenting classes (RSMo 452.310).
Contested custody usually goes to mediation under local rules. Many property and support issues settle through negotiation.
Whatever does not settle is decided by a judge after both sides present evidence.
The judge enters the judgment, no sooner than 30 days after filing. It sets property division, custody, support and maintenance.
Want to see the actual forms? Our Missouri divorce papers guide walks through them. For timing, see how long a divorce takes in Missouri.
Uncontested or Contested
| Uncontested | Contested | |
|---|---|---|
| What it means | You agree on every issue | At least one issue is disputed |
| Court involvement | Usually limited to approving the agreement | Hearings, discovery and possibly trial |
| Typical length | Often a few months | Often a year or longer |
| Cost | Lower | Higher, and harder to predict |
| Learn more | Uncontested divorce | Contested divorce |
When Children or Property Are in Dispute
Custody. The court decides based on the child’s best interests, considering factors such as each parent’s proposed plan, the child’s relationship with each parent, which parent is more likely to support the child’s contact with the other, and the child’s adjustment to home and school. Missouri presumes that equal or approximately equal parenting time is in the child’s best interests, but the presumption can be rebutted (RSMo 452.375). See our child custody page.
Property. Each spouse keeps their nonmarital property, and marital property is divided in just proportions, not necessarily 50/50. The court considers each spouse’s economic circumstances, contributions to the marriage including homemaking, the value of nonmarital property, conduct during the marriage, and custodial arrangements for the children (RSMo 452.330). See our property division page.
Maintenance. A spouse can receive maintenance only if they lack enough property to meet their reasonable needs and cannot support themselves through appropriate work (RSMo 452.335). See our spousal support page.
One hour. Your divorce. A filing plan you can use.
For $300, sit down one-on-one with an experienced Bardol Law Firm family law attorney. We will dig into your specific situation, explain your rights and options in plain English, and map out practical next steps. This is a working strategy session, not a sales pitch, and you leave with real value whether or not you hire us.
$300 · One full hour with an attorney · No obligation to retain our firm
Common Filing Mistakes
Venue follows where you or your spouse lives. A petition in the wrong court can be transferred or dismissed.
Assets missing from the disclosures or the agreement can lead to disputes long after the judgment.
Vague holiday and exchange terms are the most common source of post-divorce conflict.
Draining accounts or hiding assets hurts credibility and can affect how property is divided.
How Bardol Law Firm Helps
We review your situation before anything is filed, prepare the petition and supporting documents, handle service, and guide you through disclosure, mediation, negotiation and court. Bardol Law Firm practices family law and nothing else. Your case is handled by one of our attorneys, Ann Vatterott Bruntrager, Denise N. Gabel, Mikayla Butler or Anna Palmer, with a named paralegal who knows your file. We generally return calls within one business day. Contact Bardol Law Firm to talk through filing.
Not sure how this applies to your situation?
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.
Frequently Asked Questions About Filing for Divorce in Missouri
How long do I have to live in Missouri before filing for divorce?
90 days. At least one spouse must have lived in Missouri for the 90 days immediately before the petition is filed.
How long does my spouse have to respond?
Generally 30 days after being served. If your spouse does not respond, the case can proceed by default, but the court still has to address property, custody and support before entering a judgment.
Can I file for divorce without my spouse’s agreement?
Yes. Missouri does not require both spouses to agree to the divorce. If one spouse denies that the marriage is irretrievably broken, the court considers the evidence before deciding.
What is the fastest a Missouri divorce can be final?
30 days after filing. That is the legal minimum. Most agreed cases take a few months, and contested cases often take a year or more.
Do I need a lawyer to file for divorce in Missouri?
No, but it helps. You can file on your own, but mistakes in the petition, disclosures or parenting plan can cost time and money. A lawyer also makes sure the agreement protects you.
This page provides general information about Missouri divorce law and is not legal advice. Court rules, forms and fees change, so confirm current requirements with the court. Every situation is different, and outcomes depend on the specific facts. Reading this page does not create an attorney-client relationship.
The choice of a lawyer is an important decision and should not be based solely upon advertisements.