How to File for Divorce in Missouri
How to file for divorce in Missouri: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: One spouse must have been a Missouri resident, or a member of the armed services stationed in Missouri, for 90 days immediately before the case is filed. The case is filed in the county where either spouse lives. RSMo § 452.305.1(1); RSMo § 452.300.5
| Residency requirement | One spouse must have been a Missouri resident, or a member of the armed services stationed in Missouri, for 90 days immediately before the case is filed. The case is filed in the county where either spouse lives. |
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| Uncontested or simplified divorce | Missouri does not have a separate simplified divorce procedure in the statutes reviewed. When both spouses state under oath that the marriage is irretrievably broken, or one does and the other does not deny it, the court makes its finding after a hearing. The court must also have made provision for child custody, child support, maintenance and property division, and at least 30 days must have passed since filing. Source: RSMo §§ 452.305, 452.320.1 |
| Waiting period | A judgment of dissolution cannot be entered until at least 30 days have passed since the petition was filed. Source: RSMo § 452.305.1(1) |
Where to get help in Missouri
More Missouri divorce & family law
- Getting a Marriage License in Missouri
- Adopting a Child in Missouri
- Guardianship of a Child or Adult in Missouri
- Establishing Paternity in Missouri
- Changing Your Name in Missouri
- Child Custody Laws in Missouri
- How Child Support Is Calculated in Missouri
- Divorce Records in Missouri
- Alimony and Spousal Support in Missouri
- Legal Separation and Annulment in Missouri
- All Missouri divorce & family law rules
FAQ
How long do you have to live in Missouri to file for divorce?
One spouse must have been a Missouri resident, or a member of the armed services stationed in Missouri, for 90 days immediately before the case is filed. The case is filed in the county where either spouse lives.
How do you get an uncontested divorce in Missouri?
Missouri does not have a separate simplified divorce procedure in the statutes reviewed. When both spouses state under oath that the marriage is irretrievably broken, or one does and the other does not deny it, the court makes its finding after a hearing. The court must also have made provision for child custody, child support, maintenance and property division, and at least 30 days must have passed since filing.
Is there a waiting period for divorce in Missouri?
A judgment of dissolution cannot be entered until at least 30 days have passed since the petition was filed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.