Divorce Laws in Missouri: Complete 2026 Guide

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. This is the most common ground for divorce in Missouri. The petitioner need only assert that the marriage is broken beyond repair; no evidence of misconduct by either party is required. If one party denies that the marriage is irretrievably broken, Missouri law under §452.320 provides that the court may consider additional evidence. Under these circumstances, the court may look at whether the marriage is irretrievably broken based on specific factors similar to traditional fault grounds. According to RSMo §452.320, these include: (1) adultery; (2) that the respondent behaved in such a way that the petitioner cannot reasonably be expected to live with them; (3) abandonment of at least six months; (4) that the parties have lived separate and apart by mutual consent for 12 continuous months; or (5) that the parties have lived separate and apart for 24 continuous months, with the implication that the marriage is irretrievably broken. In practice, the vast majority of divorces in Missouri proceed as no-fault cases. The petitioner states that the marriage is irretrievably broken, and if the respondent does not contest this assertion, the court will accept it. Even in contested situations, Missouri courts generally find that a marriage is irretrievably broken if one party firmly believes it cannot be saved. The state's approach reflects a modern trend toward eliminating the adversarial nature of proving fault, though the fault-like factors in §452.320 still play a role in limited circumstances. It is important to note that while Missouri's grounds are primarily no-fault, marital misconduct can still be relevant in other aspects of the divorce. For example, the conduct of the parties during the marriage is a factor courts may consider when determining spousal maintenance (RSMo §452.335) and property division (RSMo §452.330). However, misconduct alone does not serve as a standalone 'ground' for divorce in the traditional sense.

Under RSMo §452.305(1), the court may enter a judgment of dissolution of marriage only if it finds that one of the parties has been a resident of Missouri, or is a member of the armed services stationed in Missouri, for at least 90 days immediately preceding the commencement of the proceeding. This means that either the filing spouse (petitioner) or the responding spouse (respondent) must have maintained a bona fide residence in Missouri for a minimum of 90 consecutive days before the divorce petition is filed. To establish residency, you must maintain a permanent physical presence in Missouri and consider it your primary home. Simply owning property in the state or visiting occasionally is not sufficient. If you are an active military member stationed in Missouri, the 90-day requirement applies to the period of your stationing. Notably, the 90-day requirement is a prerequisite for the court to grant the final divorce, not necessarily for filing the initial petition. You may file the petition before the 90-day period has elapsed, but the court will not enter a final judgment until the residency requirement has been satisfied. Missouri does not have a separate county residency requirement. Once the statewide 90-day requirement is met, you may file for divorce in the circuit court of the county where either you or your spouse resides. This flexibility can be helpful if spouses live in different Missouri counties. If neither spouse has lived in Missouri for 90 days, you may need to wait or consider filing in a state where one of you does meet residency requirements. In addition to residency, the court must also find that at least 30 days have elapsed since the filing of the petition before it can enter a final judgment of dissolution. This mandatory 30-day waiting period runs concurrently with the residency period if you have already met the 90-day requirement when you file.

Missouri follows the principle of equitable distribution for dividing marital property in a divorce, as set forth in RSMo §452.330. Under this statute, the court must first set apart each spouse's nonmarital (separate) property, and then divide the marital property and marital debts 'in such proportions as the court deems just.' It is important to understand that 'equitable' does not necessarily mean 'equal' — the court aims for a fair division based on the specific circumstances of each case. Marital property is defined under RSMo §452.330(2) as all property acquired by either spouse during the marriage, regardless of whose name is on the title. Exceptions include: (1) property acquired by gift, bequest, devise, or descent (inheritance); (2) property acquired in exchange for property owned before the marriage or received by gift or inheritance; (3) property acquired after a decree of legal separation; (4) property excluded by a valid written agreement (such as a prenuptial agreement); and (5) increases in the value of premarital or separate property, unless marital assets (including labor) contributed to the increase. All property acquired during the marriage is presumed to be marital property, and the burden is on the claiming spouse to prove otherwise. Notably, Missouri law provides that nonmarital property does not become marital property solely because it was commingled with marital assets. When dividing marital property, the court considers several factors under §452.330(1), including: (1) the economic circumstances of each spouse at the time of division, including whether it is desirable to award the family home to the custodial parent; (2) each spouse's contribution to the acquisition of marital property, including contributions as a homemaker; (3) the value of each spouse's nonmarital property; (4) the conduct of the parties during the marriage; and (5) custodial arrangements for children. The court has broad discretion in weighing these factors. Once the court's property division order is final, it is generally not subject to modification. The only exception involves qualified domestic relations orders (QDROs) affecting pensions and retirement accounts, which may be modified solely for the purpose of maintaining the order's status as a QDRO under federal tax law. This finality underscores the importance of thorough financial disclosure and careful negotiation during the divorce process.

Spousal support in Missouri is referred to as 'maintenance' and is governed by RSMo §452.335. Before ordering maintenance, the court must first determine that the requesting spouse meets two threshold requirements: (1) the spouse lacks sufficient property, including marital property apportioned to them, to provide for their reasonable needs; and (2) the spouse is unable to support themselves through appropriate employment, whether due to lacking adequate education or training, or because they are the custodian of a child whose condition or circumstances make it inappropriate for that parent to seek outside employment. If both threshold requirements are met, the court then determines the amount and duration of maintenance by considering several statutory factors under §452.335(2), including: (1) the financial resources of the party seeking maintenance and their ability to meet needs independently; (2) the time necessary to acquire education or training for appropriate employment; (3) the comparative earning capacity of each spouse; (4) the standard of living established during the marriage; (5) the obligations, assets, and separate property of each party; (6) the duration of the marriage; (7) the age and physical and emotional condition of the spouse seeking maintenance; (8) the ability of the paying spouse to meet their own needs while paying maintenance; and (9) the conduct of the parties during the marriage. Missouri recognizes several forms of maintenance. Temporary (pendente lite) maintenance may be ordered during the divorce proceedings under RSMo §452.315. Short-term or rehabilitative maintenance is the most common form, designed to support a spouse for a limited time while they obtain education, training, or employment. Permanent or long-term maintenance is less common and is typically reserved for cases involving long marriages where a spouse cannot reasonably become self-supporting due to age, health, or other factors. Missouri law also permits 'step-down' maintenance, where the amount decreases over time. Maintenance terminates automatically upon the death of either party or the remarriage of the receiving spouse (RSMo §452.370(3)). Unless the original order specifies that it is non-modifiable, either party may petition the court to modify maintenance upon showing a substantial and continuing change in circumstances (RSMo §452.335(3)). Courts have broad discretion in setting both the amount and duration of maintenance, and there is no fixed formula or calculator — each case is decided on its specific facts.

Missouri child custody law is governed by RSMo §452.375, which establishes that custody must be determined in accordance with the best interests of the child. Missouri recognizes several types of custody: joint legal custody (shared decision-making about health, education, and welfare), sole legal custody (one parent makes major decisions), joint physical custody (the child resides with each parent for significant periods), and sole physical custody (the child primarily resides with one parent). The court may award any combination of these arrangements. When parents cannot agree on custody, the court must consider all relevant factors and enter written findings, including: (1) the wishes of each parent regarding custody and their proposed parenting plan; (2) the child's need for a frequent, continuing, and meaningful relationship with both parents, and the willingness of each parent to support that relationship; (3) the child's interactions and relationships with parents, siblings, and other significant persons; (4) which parent is more likely to allow the child frequent and meaningful contact with the other parent; (5) the child's adjustment to home, school, and community; (6) the mental and physical health of all individuals involved, including any history of domestic violence or abuse; (7) either parent's intention to relocate the child; and (8) the wishes of the child. Missouri law also states that no preference may be given to either parent based on age, sex, or financial status (RSMo §452.375(8)). Missouri's public policy favors frequent, continuing, and meaningful contact of the child with both parents after separation. Any custody judgment must include a specific written parenting plan that details custody arrangements, parenting time schedules, holiday schedules, and decision-making authority. The term 'visitation' has been replaced with 'parenting time' in Missouri practice. If the parents cannot agree on a plan, the court will create one. In cases involving contested custody of minor children, many Missouri counties require mediation or other alternative dispute resolution before trial. In cases involving domestic violence, the court must take special precautions. If the court finds a pattern of domestic violence but still awards custody to the abusive parent, it must enter detailed written findings explaining why this serves the child's best interests. The court may appoint a Guardian ad Litem (GAL) to represent the child's interests under RSMo §452.423. Missouri law also strictly prohibits awarding custody or unsupervised visitation to a parent convicted of certain sexual offenses against a child.

The divorce process in Missouri begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the Circuit Court in the county where either spouse resides. The petition must include required information such as each spouse's residence and the duration of residency, the date and place of the marriage, the date of separation, information about any minor children, and the relief being sought. Additional documents typically filed with the petition include a Statement of Property and Debt (financial disclosure), a proposed Parenting Plan (if minor children are involved), and other forms required by local court rules. Missouri provides standardized forms for self-represented litigants at www.selfrepresent.mo.gov. After filing, a filing fee must be paid to the circuit clerk. Filing fees in Missouri vary by county and typically range from approximately $130 to $250, depending on whether minor children are involved. For example, some counties charge around $130–$150 for cases without children and $230–$250 for cases with children. An additional fee of approximately $25–$50 is typically required for the sheriff to serve the divorce papers on the other spouse. If you cannot afford the filing fee, Missouri courts offer a fee waiver through Form 21 (Application for Fee Waiver), which requires you to demonstrate financial hardship. Once filed, the petition must be formally served on the other spouse (the respondent) through personal service by a sheriff or private process server. After being served, the respondent generally has 30 days to file a responsive pleading. If the respondent fails to respond, the petitioner may request a default judgment. If both parties agree on all issues, they may submit a settlement agreement, parenting plan, and other required documents to the court for approval without a trial. In contested cases, the process involves discovery (exchange of financial and other information), possible mediation (required in many counties for custody disputes), pre-trial conferences, and potentially a trial before a judge. Missouri does not use juries in divorce proceedings. In cases involving minor children, many Missouri counties require both parents to attend a parenting education class. Some counties also allow the divorce to be finalized by written affidavit without an attorney present, while others require a court appearance. Once all issues are resolved and the 30-day waiting period has passed, the court will enter a Judgment of Dissolution of Marriage. Divorce cases in Missouri are heard exclusively by the Circuit Courts, which are the state's trial courts of general jurisdiction. Missouri's court system is organized into 45 judicial circuits, each encompassing one or more of the state's 114 counties plus the City of St. Louis. When you file for divorce, you file with the Circuit Court in the county where either you or your spouse resides. If a filing spouse resides or is stationed at a U.S. military post or reservation in Missouri, the case may be filed in a county adjacent to the post or reservation. Within some larger circuits, the Circuit Court may have a dedicated Family Court division that handles dissolution of marriage cases, child custody, child support, and other domestic relations matters. The City of St. Louis and Jackson County (Kansas City) are among jurisdictions that have separate family court divisions. All divorce cases are decided by a judge — Missouri does not permit jury trials in divorce proceedings. The judge serves as both the finder of fact and the decision-maker on all legal issues. If either party disagrees with the Circuit Court's judgment, they may appeal to the Missouri Court of Appeals, which has three geographic districts: the Eastern District (St. Louis), the Western District (Kansas City), and the Southern District (Springfield). Further appeal may be taken to the Missouri Supreme Court in limited circumstances, typically involving significant legal questions. It is important to note that appeals of property division and other divorce-related orders are subject to strict time limits and procedural rules, and should be pursued with the assistance of an appellate attorney.

Missouri imposes a mandatory 30-day waiting period between the filing of the Petition for Dissolution of Marriage and the earliest date the court may enter a final judgment of dissolution. This requirement is established under RSMo §452.305(1), which states that 'thirty days have elapsed since the filing of the petition' before the court can grant the divorce. This waiting period cannot be waived, even if both parties agree to all terms. Unlike some states, Missouri does not require a formal period of separation before filing for divorce. There is no statutory requirement that spouses live apart for any specific length of time before or after filing. However, if one spouse contests the assertion that the marriage is irretrievably broken, the court may consider whether the parties have lived separate and apart (for 12 months by mutual consent, or 24 months without consent) as evidence supporting the breakdown of the marriage under RSMo §452.320. In practice, the 30-day minimum is the theoretical fastest timeline, but most divorces take longer due to the time needed for service of process, response deadlines, negotiation of settlement terms, and court scheduling. An uncontested divorce with no children and minimal assets can typically be completed in 30 to 90 days. Contested divorces — especially those involving custody disputes, complex property, or trial — may take 6 to 24 months or longer. The actual timeline depends heavily on the county where you file, the court's caseload, and the degree of cooperation between the parties.