Legal Separation and Annulment in Missouri
Whether Missouri offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Yes. The court enters a judgment of legal separation if the same 90-day residency and 30-day waiting requirements are met and the court finds there remains a reasonable likelihood the marriage can be preserved (so it is not irretrievably broken). RSMo § 452.305.2; RSMo § 452.130
| Legal separation | Yes. The court enters a judgment of legal separation if the same 90-day residency and 30-day waiting requirements are met and the court finds there remains a reasonable likelihood the marriage can be preserved (so it is not irretrievably broken). The court must provide for child custody and support, maintenance and property division. Separately, a spouse who is abandoned without good cause and not supported may ask the circuit court to order support and maintenance. Source: RSMo § 452.305.2; RSMo § 452.130 |
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| Annulment | Missouri calls an annulment a declaration of invalidity of marriage. Marriages between parents and children, grandparents and grandchildren, brothers and sisters (half or whole blood), uncles and nieces, aunts and nephews, and first cousins, and marriages by people who lack capacity to enter a marriage contract (unless a court with jurisdiction over them approves), are presumptively void. Maintenance may be awarded in a proceeding for nonretroactive invalidity. |
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
- How to File for Divorce in Missouri
- All Missouri divorce & family law rules
FAQ
Can you get a legal separation in Missouri?
Yes. The court enters a judgment of legal separation if the same 90-day residency and 30-day waiting requirements are met and the court finds there remains a reasonable likelihood the marriage can be preserved (so it is not irretrievably broken). The court must provide for child custody and support, maintenance and property division. Separately, a spouse who is abandoned without good cause and not supported may ask the circuit court to order support and maintenance.
What are the grounds for annulment in Missouri?
Missouri calls an annulment a declaration of invalidity of marriage. Marriages between parents and children, grandparents and grandchildren, brothers and sisters (half or whole blood), uncles and nieces, aunts and nephews, and first cousins, and marriages by people who lack capacity to enter a marriage contract (unless a court with jurisdiction over them approves), are presumptively void. Maintenance may be awarded in a proceeding for nonretroactive invalidity.
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.