Divorce in Missouri: A Complete Guide

Introduction

Filing for divorce is one of the most significant legal decisions a person can make, and understanding how the process works in your state is an essential first step. In Missouri, the legal term for divorce is dissolution of marriage, and the state's laws aim to provide a structured, fair framework for ending a marriage and resolving issues related to property, children, and financial support.

This guide offers an accessible overview of Missouri divorce law, covering everything from the grounds for filing and residency requirements to property division, child custody, spousal support, and the step-by-step filing process. Whether you are considering a divorce or have already made the decision, this resource will help you understand what to expect under Missouri law.

Note: This guide is for informational purposes only and reflects general Missouri law as of early 2026. Laws and procedures can change, and individual circumstances vary widely. Always consult a qualified Missouri family law attorney for advice tailored to your situation.

Grounds for Divorce in Missouri

Missouri is primarily a no-fault divorce state. Under RSMo §452.320, the court may grant a dissolution of marriage upon a finding that the marriage is "irretrievably broken" — meaning there is no reasonable likelihood that the marriage can be preserved.

What Does "Irretrievably Broken" Mean?

This standard means that the relationship between the spouses has deteriorated to the point where reconciliation is not practically possible. Unlike fault-based systems used in some other states, Missouri does not require either spouse to prove wrongdoing such as adultery, abuse, or abandonment in order to obtain a divorce.

How the Court Determines Irretrievable Breakdown

If both spouses agree that the marriage is irretrievably broken, the court will generally accept that assertion and proceed with the dissolution. If one spouse contests or denies that the marriage is irretrievably broken, the court may:

• Consider evidence presented by both parties regarding the state of the marriage.
• Order a continuance of 30 to 90 days and suggest the parties seek counseling.
• Ultimately make a determination based on the totality of the circumstances.

The no-fault approach simplifies the legal process and helps reduce the adversarial nature of divorce proceedings. However, conduct during the marriage — such as financial misconduct or domestic violence — can still be relevant when the court makes decisions about property division, child custody, and spousal support.

Residency Requirements

Before filing for divorce in Missouri, you must meet the state's residency requirement. Under RSMo §452.305(1), the court may enter a judgment of dissolution of marriage only if it finds that at least one of the parties has been a resident of Missouri for a minimum of 90 days immediately preceding the filing of the petition.

Key Points About Residency

• Only one spouse needs to meet the 90-day residency requirement — not both.
• The petition for dissolution should be filed in the circuit court of the county where either spouse resides.
• If you have recently moved to Missouri, you must wait until you have lived in the state for at least 90 days before filing.
• Military personnel stationed in Missouri may also satisfy the residency requirement.

Meeting the residency requirement is a jurisdictional prerequisite, meaning the court cannot legally grant your divorce if the requirement is not satisfied.

Property Division

Missouri follows the principle of equitable distribution for dividing marital property in a divorce, as set forth in RSMo §452.330. It is important to understand that "equitable" does not necessarily mean "equal" — it means fair given the circumstances of each case.

Marital Property vs. Separate Property

The court first classifies all assets and debts as either marital property or separate (non-marital) property:

• Marital property generally includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title.
• Separate property includes assets owned by one spouse before the marriage, inheritances received by one spouse individually, and gifts made specifically to one spouse. Separate property is typically not subject to division.

Factors the Court Considers

When dividing marital property equitably, the court considers several factors under RSMo §452.330, including but not limited to:

• The economic circumstances of each spouse at the time of the division.
• The contribution of each spouse to the acquisition of marital property, including the contribution of a homemaker.
• The value of separate property set apart to each spouse.
• The conduct of the parties during the marriage, particularly as it relates to the disposition of marital assets.
• Custodial arrangements for the children and the desirability of awarding the family home to the custodial parent.

Debts

Marital debts are also subject to equitable distribution. The court may assign responsibility for debts incurred during the marriage based on similar fairness principles.

Child Custody and Parenting Plans

When minor children are involved, Missouri courts make custody determinations based on the best interests of the child standard, as outlined in RSMo §452.375.

Types of Custody

Missouri recognizes two components of custody:

• Legal custody refers to the right and responsibility to make major decisions about the child's welfare, including education, healthcare, and religious upbringing. Legal custody can be awarded jointly or solely.
• Physical custody refers to where the child lives and the day-to-day care of the child. Physical custody can also be joint or sole.

Parenting Plans

Missouri law requires divorcing parents to submit a parenting plan to the court under RSMo §452.310(8). This plan outlines:

• A custody arrangement and visitation schedule.
• How major decisions regarding the child will be made.
• A method for resolving future disputes between the parents.
• Transportation arrangements and holiday/vacation schedules.

If the parents cannot agree on a parenting plan, the court will create one based on the best interests of the child.

Factors the Court Considers

The court evaluates numerous factors when determining custody, including:

• The wishes of each parent.
• The child's needs for a frequent, continuing, and meaningful relationship with both parents.
• The child's adjustment to home, school, and community.
• The mental and physical health of all individuals involved.
• Any history of domestic violence or abuse.
• The willingness of each parent to facilitate a close relationship between the child and the other parent.

Spousal Support (Maintenance)

Spousal support in Missouri is referred to as maintenance and is governed by RSMo §452.335. Maintenance is not automatically awarded — the court considers whether one spouse lacks sufficient property and income to be self-supporting and whether the other spouse has the ability to pay.

Types of Maintenance

• Temporary maintenance may be awarded during the divorce proceedings to help a spouse meet living expenses.
• Permanent or long-term maintenance may be awarded after the divorce, particularly in longer marriages or where one spouse has significantly fewer earning prospects.
• Rehabilitative maintenance may be awarded for a set period to allow a spouse to gain education, training, or work experience needed to become self-supporting.

Factors the Court Considers

When deciding whether to award maintenance and in what amount, the court considers factors such as:

• The financial resources of the spouse seeking maintenance.
• The time necessary to acquire sufficient education or training for appropriate employment.
• The comparative earning capacity of each spouse.
• The standard of living established during the marriage.
• The obligations and assets of each spouse, including marital property awarded.
• The duration of the marriage.
• The age and physical and emotional condition of the spouse seeking maintenance.
• The conduct of the parties during the marriage.

Filing Process

Here is a general overview of the steps involved in filing for divorce in Missouri:

Step 1: Prepare the Petition

The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the circuit court in the appropriate county. The petition includes basic information about the marriage, grounds for dissolution, and requests regarding property, custody, and support.

Step 2: File with the Court and Pay the Filing Fee

The petition is filed with the clerk of the circuit court along with the required filing fee, which generally ranges from $130 to $250 depending on the county. Fee waivers may be available for those who demonstrate financial hardship.

Step 3: Serve the Other Spouse

The other spouse (the respondent) must be formally notified of the divorce filing through service of process. This can be accomplished through personal service by a sheriff or process server, or by certified mail in some cases. If the respondent cannot be located, the court may allow service by publication.

Step 4: Response

The respondent typically has 30 days to file a response to the petition. If the respondent does not respond, the court may grant a default judgment.

Step 5: Discovery and Negotiation

Both parties exchange financial information and documentation in a process called discovery. The spouses may negotiate a settlement agreement covering property division, custody, support, and other issues — either on their own, through attorneys, or with the help of a mediator.

Step 6: Settlement or Trial

If the parties reach an agreement, they submit a marital settlement agreement to the court for approval. If they cannot agree, the case proceeds to trial, where a judge will make the final decisions.

Step 7: Final Judgment

The court issues a Judgment of Dissolution of Marriage, which formally ends the marriage and sets forth the terms of property division, custody, support, and other relevant matters.

Timeline and Costs

Waiting Period

Missouri imposes a mandatory 30-day waiting period after the petition is filed before the court can finalize the divorce. This means even in the most straightforward, uncontested cases, the divorce cannot be granted sooner than 30 days from the filing date.

Overall Timeline

• Uncontested divorces (where both spouses agree on all terms) can often be finalized in one to three months after filing.
• Contested divorces (where disputes exist over property, custody, or other issues) may take six months to over a year, or longer in complex cases.

Costs

• Filing fees: $130–$250, depending on the county (as of February 2026; verify with your local clerk).
• Attorney fees: Vary widely based on the complexity of the case, the attorney's experience, and the geographic area. Simple uncontested divorces may cost a few hundred to a few thousand dollars, while contested divorces can cost significantly more.
• Mediation and other costs: If mediation, appraisals, custody evaluations, or expert witnesses are needed, additional expenses will apply.

Additional Considerations

Uncontested vs. Contested Divorce

An uncontested divorce occurs when both spouses agree on all issues — grounds, property division, custody, and support. This is typically faster, less expensive, and less stressful. A contested divorce involves disputes on one or more issues and may require court hearings or a trial to resolve.

Mediation

Missouri courts often encourage or require mediation, particularly in custody disputes. Mediation is a process where a neutral third party helps the spouses negotiate and reach agreements outside of court.

Name Changes

A spouse who changed their name upon marriage may request that their former name be restored as part of the divorce decree.

Disclaimer

This guide is provided for general informational purposes only and does not constitute legal advice. Divorce laws and court procedures can change, and the information presented here may not reflect the most current legal developments. Every divorce case involves unique facts and circumstances. You should consult with a licensed Missouri family law attorney to obtain advice specific to your situation. No attorney-client relationship is created by reading or relying on this guide.