Missouri Divorce

Residency Requirement

Before filing for a Missouri divorce, at least one spouse must live in Missouri for 90 days. At least 30 days must pass between the filing of the petition and the judge’s signing of the divorce decree granting the divorce. This 30 day waiting period is designed to make sure couples have a chance to reconcile their differences if possible.

Beginning Your Missouri Divorce Case

To begin any divorce case in Missouri, the petitioning spouse must file a summons and "petition" for divorce. This petition is served on the responding spouse.

Then, the responding spouse has 20 days to reply. If the responding spouse fails to respond to the petition, then the court will issue a “default” and give the filing spouse everything he/she requested in the petition.

The summons and petition must be filed with the court and served upon the other spouse before the judge signs the “Decree of Dissolution of Marriage” formally ending the marriage and the divorce proceedings. When the judge signs the decree, the divorce is officially legal or finalized.

Dividing the Property

In any Missouri divorce, all property and debts are distributed. Either the couple can reach an agreement as to how the property should be divided or the court will divide the property. Missouri divorce laws provide for an equitable distribution of all property during the marriage. If the parties cannot reach an agreement as to the division of property, the court will generally divide all property acquired during the marriage except for inherited property.

Alimony

In Missouri, the court may award spousal support or “maintenance” to either spouse. A spouse seeking to obtain maintenance must specifically request it in the divorce papers. In determining the need, duration, and amount of maintenance, the court will consider:

• The finances of the spouse requesting support
• The time needed to gain an education or training to help the spouse requesting support to find a job
• The earning capacity of each spouse
• The standard of living enjoyed by each spouse during the marriage
• The duration of the marriage
• The age and health of the spouse requesting support as well as the age and health of the spouse who would be required to pay support
• The conduct or misconduct of the spouses throughout the marriage and the divorce proceedings

Meeting the Childrens’ Needs

Of primary concern for the any divorce court is the welfare of children involved in divorce cases. The Missouri divorce court makes certain to provide for the financial, educational, and emotional needs of the children from the very beginning of the divorce case.

Often, the court will issue a temporary order regarding child custody and support. The temporary order allows the court to provide the childrens’ needs while the parents deal with the divorce case.

Child Custody

In any Missouri divorce case involving minor children, the court will determine who the children will live with. In figuring out which parent will gain custody of the children, the court will consider:

• The wishes of the parents
• The preference of child if the child is old enough and capable of making an intelligent choice
• The child’s relationship with siblings and extended family
• The mental and physical health of the child
• The educational needs of the child

Child Support

Each parent, regardless of gender, has a duty to provide financial support for their minor children. Child support is based on the Missouri Child Support Guidelines. The Missouri divorce court considers the following factors in figuring out the amount of any child support payments:

• Gross monthly income of the parents
• The cost of health insurance
• The cost of day care
• The cost of providing support to others (such as parents or minor children who are not the product of the marriage)