Missouri Revised Statutes Chapter 452 - Dissolution of Marriage

Missouri is a no-fault divorce state. The sole ground for dissolution is that the marriage is 'irretrievably broken' with no reasonable likelihood of preservation. One spouse must have been a Missouri resident (or armed services member stationed in Missouri) for at least 90 days before filing, and a mandatory 30-day waiting period must pass after the petition is filed before the court can enter a judgment.

Effective: 2024

The divorce petition must allege the marriage is irretrievably broken. All traditional defenses to divorce — including condonation, connivance, collusion, recrimination, insanity, and lapse of time — are abolished. Both parties must submit a proposed parenting plan within 30 days of service if custody or visitation is at issue.

Effective: 2024

If both spouses agree the marriage is irretrievably broken, the court enters a dissolution order. If one spouse denies it, the petitioner must prove one of five grounds: adultery making cohabitation intolerable, behavior making it unreasonable to continue living together, abandonment for 6+ months, 12 months of mutual separation, or 24 months of living apart. The court may continue the case 30 days to 6 months and may suggest (but not require) counseling.

Effective: 2024

Missouri follows equitable distribution — the court divides marital property in proportions it deems just, though not necessarily equal. The court considers all relevant factors including: each spouse's economic circumstances, contributions to acquiring marital property (including homemaker contributions), the value of nonmarital property set apart to each spouse, conduct of the parties during the marriage, and custodial arrangements. Property division orders are final and not subject to modification, except QDROs affecting retirement plans may be modified to maintain qualified status.

Effective: 2024

Marital property includes all property acquired by either spouse during the marriage, regardless of whose name is on the title. Exceptions include property acquired by gift, inheritance, or devise; property acquired in exchange for premarital or inherited property; property acquired after a legal separation decree; and property excluded by a valid written agreement. Nonmarital property does not become marital solely because it was commingled with marital property — Missouri protects separate property even when mixed with marital assets.

Effective: 2024

Spouses may enter into a written separation agreement covering maintenance, property division, and child custody, support, and visitation. The court reviews the agreement for unconscionability — if found unconscionable, the court may request a revised agreement or enter its own orders. Terms set forth in the decree are enforceable as a court judgment. Parties may agree to limit future modification of property and maintenance terms, but terms concerning child support, custody, or visitation can always be modified.

Effective: 2024

Missouri presumes that equal (50/50) parenting time is in the child's best interest, as of the 2023 amendment. This presumption can be rebutted by a preponderance of evidence showing it would not serve the child's best interests, including evidence of child abuse or domestic violence. When parents cannot agree, the court must make written findings based on 8 statutory factors: the wishes of each parent, the child's need for a meaningful relationship with both parents, the child's relationships with family, which parent is more likely to allow contact with the other, the child's adjustment to home and school, the mental and physical health of all parties, either parent's intent to relocate, and additional relevant considerations.

Effective: 2024

A parent proposing to relocate a child's principal residence for 90+ days must provide written notice by certified mail at least 60 days in advance to any party with custody or visitation rights. The notice must include the new address, phone number, move date, reasons, and a proposed revised custody schedule. The non-relocating parent has 30 days to file a motion opposing the move. The relocating parent bears the burden of proving the move is made in good faith and is in the child's best interest. Failure to provide proper notice may constitute a change of circumstances warranting custody modification.

Effective: 2024

The court may modify a prior custody decree only upon a showing of changed circumstances that have arisen since the prior decree (or were unknown at that time) and that modification is necessary to serve the child's best interests. If either parent moves to another state, that relocation is automatically deemed a change of circumstances under §452.411. Either party is entitled to a change of judge when filing a motion to modify joint custody arrangements.

Effective: 2024

When a dissolution petition involves custody or visitation of a minor child, the court must order both parties to attend mandatory educational sessions about the impact of divorce on children. The court may also order the parties to participate in alternative dispute resolution (mediation) to resolve custody disputes, except in cases involving domestic violence or other good cause for exemption.

Effective: 2024

Child support in Missouri is calculated using Form 14, the Supreme Court-mandated worksheet that creates a presumed support amount based on both parents' gross incomes, health insurance costs, childcare expenses, and the parenting time arrangement. The presumed amount is rebuttable — a court may deviate if it finds the guideline amount unjust or inappropriate after considering all statutory factors. Child support generally continues until the child turns 18, or 21 if still in school. A new Form 14 worksheet takes effect January 1, 2026, based on the 2024 guideline review.

Effective: 2024

A spouse may receive maintenance only if the court finds they lack sufficient property (including marital property) to meet reasonable needs AND are unable to support themselves through appropriate employment (or have custody of a child whose condition makes outside employment impractical). The court then considers all relevant factors including: each party's financial resources, time needed for education or training, comparative earning capacity, standard of living during the marriage, duration of the marriage, each party's age and health, the paying spouse's ability to meet both parties' needs, and conduct during the marriage. Duration is left to the court's discretion — it may be temporary, short-term, or long-term.

Effective: 2024

Maintenance or child support may be modified upon a showing of changed circumstances so substantial and continuing as to make the existing terms unreasonable. For child support, if a new Form 14 calculation produces an amount that differs by 20% or more from the current order, that alone creates a presumptive showing of changed circumstances (the '20 percent rule'). The court considers both parties' financial resources, including whether expenses are shared with a new partner. Maintenance automatically terminates upon the death of either party or the remarriage of the recipient, unless otherwise agreed in writing.

Effective: 2024

All child support and maintenance orders must include income withholding provisions. Income withholding takes effect on the date the order is entered, automatically deducting support payments from the obligor's wages, workers' compensation, disability benefits, pensions, and other periodic income. Employers are prohibited from discharging or disciplining employees because of a withholding notice. If multiple withholding orders exist, the payment center distributes funds pro rata among current support obligations first, then to arrearages.

Effective: 2024

Dissolution proceedings are titled 'In re the Marriage of ______ and ______.' The case must be filed in the county where either the petitioner or respondent resides. Supreme court rules and other applicable court rules govern all proceedings under the dissolution statutes (§§452.300–452.415). The initial pleading is called a 'petition' and the response is called an 'answer.'

Effective: 2024

Either party may request temporary maintenance and child support during the divorce, supported by an affidavit. The court may also issue orders restraining either party from transferring or hiding property, enjoining harassment or abuse, excluding a party from the family home, or establishing temporary custody and support. The respondent has 10 days to answer a motion for temporary orders. Temporary orders may be retroactive to the date of the original temporary order.

Effective: 2024

The court may order one party to pay the other's reasonable attorney fees and litigation costs, considering both parties' financial resources, the merits of the case, and the parties' conduct during the proceedings. This includes fees incurred before filing and after final judgment. In child support enforcement cases specifically, if the obligor fails to pay support without good cause, the court must order the obligor to pay the other party's reasonable costs and attorney fees.

Effective: 2024

A judgment of dissolution or legal separation is final when entered by the court. An appeal does not suspend the finality of the judgment. Property distribution orders are final and not subject to modification. A judgment of legal separation may be converted to a dissolution upon motion by either party, provided at least 90 days have passed since the legal separation was entered.

Effective: 2024

Missouri provides both ex parte (emergency) and full orders of protection for victims of domestic violence, stalking, or sexual assault. Protection orders can restrain the abuser from contact, grant temporary custody and visitation arrangements, exclude the abuser from the family home, and order payment for housing, medical costs, and shelter services. Mutual protection orders are prohibited unless both parties properly file separate petitions. Protection orders are enforceable statewide across all counties and cities.

Effective: 2024

Enacted effective August 28, 2024, this act provides a comprehensive framework for custody and visitation when a parent is deployed for military service. A deploying parent must notify the other parent of deployment. Courts cannot use a parent's military service as the sole basis for modifying custody. Temporary custody arrangements during deployment automatically terminate within 30 days of the parent's return, and the original custody order is reinstated. The act also allows delegation of custodial responsibility to a nonparent family member during deployment.

Effective: 2024

A parent's military service cannot be the sole factor to support a permanent custody or visitation modification. Courts may not enter a final custody modification order until 90 days after deployment ends, unless both parents agree in writing. Any temporary custody modification made due to deployment must be specifically identified as temporary and deployment-related, and automatically expires no later than 30 days after the deploying parent returns.

Effective: 2024

All marriage contracts affecting real or personal property must be in writing and acknowledged by each party or proved by subscribing witnesses. Missouri has not adopted the Uniform Premarital Agreement Act — instead, enforceability is governed by case law requiring the agreement be entered 'freely, fairly, willingly, understandingly, in good faith, and with full disclosure' and not be unconscionable. Prenuptial agreements cannot limit child support or custody. Courts may refuse to enforce agreements where one party failed to fully disclose assets or was pressured into signing.

Effective: 2024

If the court finds a pattern of domestic violence has occurred, it must enter specific written findings of fact and conclusions of law before awarding custody to an abusive parent. Custody and visitation must be ordered in a manner that best protects the child, any other children, and the victim parent from further harm. The court must prioritize safety when structuring any visitation arrangements with a parent found to have committed domestic violence.

Effective: 2024