Starting a divorce · St. Louis and across Missouri
What is a divorce petition? It is the document that starts a divorce in Missouri. Its formal name is a Petition for Dissolution of Marriage, and it tells the court who you are, states that the marriage is irretrievably broken, and lists what you are asking the judge to order about children, support and property.
The short answer. A Missouri divorce petition must be verified, meaning signed under oath, and must allege that the marriage is irretrievably broken (RSMo 452.310). It sets out eight required items, from where each spouse lives to the relief you want. It is filed in the county where you or your spouse lives, your spouse is served with it, and your spouse then has 30 days to file a verified answer. Filing it also starts the 30 day waiting period and puts protections for the children and health insurance in place immediately.
Bardol Law Firm practices family law and nothing else, and we draft and answer divorce petitions in St. Louis County, St. Louis City, St. Charles County and Jefferson County. This page walks through what the petition has to say, what changes the moment it is filed, and what to do if you are the spouse who receives one.
What a Missouri Divorce Petition Must Say
The case is captioned “In re the Marriage of” both spouses, the person who files is the petitioner and the other spouse is the respondent (RSMo 452.300). Besides alleging that the marriage is irretrievably broken, the petition must set forth these eight items.
The residence of each party, including the county, and how long each has lived in Missouri and in that county.
The date of the marriage and the place where it is registered.
The date the spouses separated.
The name, age and address of each child, and the parent each child has mainly lived with for the 60 days before filing.
Whether the wife is pregnant. Since August 28, 2026, pregnancy no longer prevents the court from entering the judgment.
The last four digits of each party’s and each child’s Social Security number. Full numbers go in separately, kept confidential.
Any arrangements already in place for custody, child support and maintenance.
What you are asking the court to order, such as custody, support, maintenance and the division of property and debts.
The petition has to be verified, so you sign it under oath, usually before a notary. You do not have to prove fault. Missouri courts grant a divorce on a finding that the marriage is irretrievably broken, and the old defenses to divorce, including condonation, connivance, collusion, recrimination, insanity and lapse of time, have been abolished. See is Missouri a no-fault divorce state.
Most people make their biggest divorce decisions before they ever talk to a lawyer.
What to say, what to sign, whether to move out, how to handle the kids’ schedule. One hour with an experienced Bardol Law Firm attorney before you decide can save you from choices that are hard to undo later. You will leave understanding your rights, your options, and what to do next.
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What Filing the Petition Changes Right Away
Several rules switch on the moment the petition is filed, before the other spouse has even been served.
Each child immediately comes under the court’s jurisdiction, and until the court allows it, neither parent may remove a child from the court’s jurisdiction or from the parent the child has mainly lived with for the last 60 days (RSMo 452.310).
The fact that one parent has the child when the case is filed creates no preference for that parent when custody is decided.
From the date of filing, neither spouse may terminate existing health, dental or vision coverage for the other spouse or a minor child while the case is pending (RSMo 452.317).
A judge cannot enter the judgment until 30 days after the petition is filed. See how long a divorce takes in Missouri.
What Gets Filed With or Soon After the Petition
The petition is the centerpiece, but a complete filing usually includes more. Missing pieces are a common reason a case stalls.
Financial statements. A statement of income and expenses and a statement of property. In St. Louis County the clerk will not accept the petition without them. See statement of income and expenses.
A proposed parenting plan, when there are children, due within 30 days after service or the respondent’s entry of appearance (RSMo 452.310). See what is a parenting plan.
A Form 14 child support calculation, when there are children. Our child support calculator runs the same lines.
Confidential information, such as full Social Security numbers and children’s dates of birth, filed in the confidential manner the law requires rather than in the petition itself.
Circuit filing sheets and a request for service, which vary by court.
For the full set of documents, see Missouri divorce papers, and for each step of filing, how to file for divorce in Missouri.
About to file, or just served? Find out what the petition means for you.
Spend a full hour with an experienced Bardol Law Firm attorney going through the petition, your deadlines and what to ask the court for, and leave with clear next steps. It is personalized guidance you can use whether or not you hire us afterward.
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If You Were Served With a Divorce Petition
Being served is a deadline, not just a notice. To avoid a default, the respondent must file a verified answer within 30 days of service that admits or denies each allegation and also sets out the respondent’s own position on custody, support, maintenance and the relief sought (RSMo 452.310).
File a verified answer with your own requests. If the case was filed in your spouse’s county, you can ask to move it to yours before you answer in some custody situations (RSMo 452.300). If you deny that the marriage is irretrievably broken, the court weighs the facts in RSMo 452.320 before deciding.
Not answering risks a default, where the case goes forward without you. See what is a default hearing. Defenses such as condonation, collusion or lapse of time no longer exist under Missouri law.
A spouse who agrees with the divorce can sign an entry of appearance instead of being formally served, which also starts the parenting plan clock. Either way, read the petition closely, because the relief it requests is what the other side will ask the judge for.
A Petition for Divorce or a Petition for Legal Separation
The same statute governs both petitions, and the only difference in what they must allege is the condition of the marriage (RSMo 452.310). A petition for dissolution alleges the marriage is irretrievably broken. A petition for legal separation alleges it is not, and that there remains a reasonable likelihood it can be preserved. Everything else, from the eight required items to the 30 day answer, works the same way. See legal separation in Missouri.
Common Divorce Petition Mistakes
One spouse must have lived in Missouri, or been stationed here in the military, for the 90 days before filing. File too early and the court cannot grant the divorce.
A divorce is filed where the petitioner or the respondent lives. Filing elsewhere invites a transfer and delay.
In St. Louis County the petition will not be accepted without them, and elsewhere a missing statement slows the case.
The relief sought frames what the judge is asked to decide. A petition that omits an issue, like maintenance, may need to be amended later.
Getting Your Petition Right the First Time
We draft petitions that ask for what you actually need, file them in the right court with every required statement, and handle service. If you have been served, we prepare a verified answer with your own requests well inside the 30 day deadline. Either way, we explain each step in plain English so you know what comes next.
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 your case.
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 Divorce Petitions in Missouri
Is a divorce petition the same as a petition for dissolution of marriage?
Yes. Missouri law calls a divorce a dissolution of marriage, so the document that starts it is a Petition for Dissolution of Marriage. The spouse who files is the petitioner and the other spouse is the respondent.
Do I have to prove fault in a Missouri divorce petition?
No. The petition alleges that the marriage is irretrievably broken. Fault only becomes an issue if the other spouse denies that under oath, and conduct can still be considered in some decisions, such as dividing property.
How long does my spouse have to respond to the petition?
Thirty days from the date of service. To avoid a default, the respondent files a verified answer within 30 days of being served that admits or denies the allegations and states what the respondent wants.
Where do I file a divorce petition in Missouri?
In the county where you or your spouse lives. One spouse must have lived in Missouri, or been stationed here in the military, for the 90 days before filing. Each circuit court then has its own filing requirements, so check the local rules for that county.
Can I file a divorce petition without a lawyer?
Yes, but the details matter. Missouri courts publish forms for self-represented spouses, and you still have to meet every county requirement, from financial statements to the parenting plan deadline. See Missouri divorce papers.
Does filing first give me an advantage in custody?
Not by itself. Missouri law says that having the child when the case is filed creates no preference in the custody decision. Filing first does put the protections for the children and health insurance in place sooner.
This page provides general information about Missouri divorce petitions and is not legal advice. Every situation is different, and filing requirements vary by county. Reading this page does not create an attorney-client relationship.
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