Missouri calls it "dissolution of marriage," and the process is about as middle-of-the-road as it gets. No-fault only, 30-day waiting period from the date your spouse is served, and relatively straightforward forms. If you and your spouse agree on everything, Missouri won't make you jump through unnecessary hoops.
That said, Missouri courts do require a financial disclosure from both parties, even in uncontested cases. Don't skip this — the court takes it seriously, and incomplete financial information can delay your case.
Quick Overview: Missouri Divorce
Missouri is a No-fault only state with Equitable Distribution for property division.
Key Facts About Missouri Divorce
- Residency requirement: 90 days
- Filing fee: 63.50
- Typical timeline: 30+ days
- Property division: Equitable Distribution
- Grounds: No-fault only
Step-by-Step: How to File for Divorce in Missouri
Step 1: Make Sure You Meet the Residency Requirement
To file for divorce in Missouri, you or your spouse must have been a resident of the state for 90 days before filing.
You'll need to prove residency with documents like a driver's license, voter registration, or lease agreement.
Step 2: Gather Required Documents
Before you file, collect:
- Marriage certificate (original or certified copy)
- Financial records: tax returns, pay stubs, bank statements, investment accounts
- Property records: deeds, mortgage statements, vehicle titles
- Debt information: credit cards, loans, mortgages
- Child custody information (if you have minor children): birth certificates, school records, childcare costs
Step 3: Complete the Divorce Forms
In Missouri, you'll need to complete:
- Petition for Dissolution of Marriage (or Complaint for Divorce) — The main form that starts the divorce process
- Summons — Legal notice to your spouse
- Financial affidavits — Income, expenses, assets, and debts
- Child custody and support forms (if applicable)
- Property division worksheets
You can get these forms from:
- Missouri court websites (search "Missouri divorce forms")
- Your local family court clerk's office
- Legal aid organizations in Missouri
Step 4: File Your Forms with the Court
Once your forms are complete, file them with the Missouri family court (also called circuit court, superior court, or district court depending on the county).
Filing Fee: 63.50 (non-refundable)
If you can't afford the filing fee, you can request a fee waiver by filing an Affidavit of Indigency or similar form showing financial hardship.
Pro Tip: File in the Right County
Missouri's circuit courts handle divorce. The state offers standardized forms through the Missouri Courts Self-Help Center. If you're in the St. Louis or Kansas City metro, the courts handle high volumes and tend to move efficiently.
Step 5: Serve Your Spouse
After filing, you must legally "serve" your spouse — meaning they must be officially notified of the divorce.
Missouri allows service by sheriff, process server, or certified mail. Your spouse can also file an entry of appearance waiving service. The waiver is the path of least resistance for uncontested cases.
In Missouri, acceptable methods include:
- Sheriff or process server — Most common method
- Certified mail (in some cases)
- Personal delivery by a non-party adult (not you)
- Acceptance of service — Your spouse signs a form acknowledging receipt
You cannot serve the papers yourself. You must use one of the approved methods under Missouri law.
Step 6: Wait for Your Spouse's Response
Once served, your spouse has a set amount of time (typically 20-30 days in Missouri) to file a response or answer.
If your spouse:
- Agrees with everything: The divorce can proceed as uncontested (faster and cheaper)
- Disagrees or contests issues: You may need mediation or a contested hearing
- Doesn't respond: You can request a default divorce (the court can grant the divorce without your spouse's input)
Step 7: Negotiate and Finalize Settlement
If both parties agree (uncontested divorce), you'll create a settlement agreement covering:
- Property division: Who gets what assets and debts
- Alimony/spousal support: If applicable
- Child custody and visitation: Legal and physical custody arrangements
- Child support: Calculated according to Missouri guidelines
Property Division in Missouri
Missouri follows Equitable Distribution, which means:
- Assets and debts are divided fairly (not necessarily 50/50)
- The court considers factors like length of marriage, income, contributions, and needs of each party
- Marital property (acquired during marriage) is divided; separate property (owned before marriage or inherited) typically stays with the owner
Step 8: Attend the Final Hearing (if required)
Depending on your county and case, Missouri may require a final hearing where:
- A judge reviews your settlement agreement
- You answer a few basic questions under oath
- The judge signs the final divorce decree
In some uncontested cases, Missouri allows the divorce to be finalized without a hearing if all paperwork is correct.
Step 9: Receive Your Divorce Decree
Once the judge approves, you'll receive a final divorce decree (also called Judgment of Dissolution). This is the official document ending your marriage.
The divorce is final on the date the decree is signed. You'll receive certified copies for your records.
You're Officially Divorced
Once the decree is signed, your marriage is legally dissolved. Follow through on any requirements in the decree (transferring property, changing beneficiaries, etc.).
How Long Does a Divorce Take in Missouri?
The timeline for divorce in Missouri depends on several factors:
- Uncontested divorce: 30+ days (if both parties agree)
- Contested divorce: 6-12+ months (or longer with complex disputes)
- Court backlog: Some counties have delays due to caseloads
How Much Does a Divorce Cost in Missouri?
DIY uncontested divorce: 63.50 filing fee + minimal costs for forms/service (under $500 total)
Attorney-assisted divorce: $3,000-$15,000+ (depends on complexity and attorney rates)
Contested divorce with trial: $15,000-$30,000+ (can be much higher with complex assets or custody disputes)
When to Hire a Lawyer
You should strongly consider hiring an attorney if:
- Your spouse is contesting the divorce
- You have significant assets or complex property division
- Child custody is disputed
- There's domestic violence or abuse
- Your spouse has hired a lawyer
For simple, uncontested divorces where both parties agree, you can file yourself and save thousands in legal fees.
Common Questions About Missouri Divorce
Do I need a lawyer to get divorced in Missouri?
Missouri's self-help forms are well-organized. For a straightforward, uncontested dissolution, you can handle it without an attorney. The mandatory financial disclosure adds some paperwork, but it's manageable.
Can I get divorced in Missouri if my spouse doesn't agree?
Yes. Missouri is no-fault only. One spouse believing the marriage is irretrievably broken is sufficient. Your spouse can contest terms but not the dissolution itself.
How is property divided in a Missouri divorce?
Missouri uses Equitable Distribution, which means the court divides marital property fairly (not necessarily equally). Separate property typically stays with the owner.
What if we have children?
Missouri courts determine custody based on the child's best interests. The state evaluates each parent's wishes, the child's needs, each parent's willingness to facilitate a relationship with the other parent, and each parent's plans for the child.
Can I go back to my maiden name?
Yes, you can request your former name be restored as part of the dissolution decree.
Next Steps
If you're ready to file for divorce in Missouri:
- Gather all required documents (marriage certificate, financial records)
- Download and complete the divorce forms from your Missouri court website
- File the forms with your local family court and pay the 63.50 filing fee
- Serve your spouse and wait for their response
- Follow through with the process until you receive your final divorce decree
Resources for Missouri Divorce
- Missouri Court System: Search "Missouri family court" for forms and instructions
- Legal Aid: Search "Missouri legal aid divorce" for free assistance if you qualify
- Self-Help Centers: Many Missouri courts have self-help centers for DIY filers