Divorce can be one of life’s most difficult transitions—legally, emotionally, and financially. If you’re considering divorce in Missouri, understanding the process can help you take the first step with confidence. This guide outlines each phase of the Missouri divorce process and highlights the importance of legal support along the way.
1. Meet the Residency Requirement
Before filing for divorce in Missouri, one spouse must be a resident of the state for at least 90 days. This requirement must be met prior to filing the Petition for Dissolution of Marriage.
2. Prepare the Petition for Dissolution of Marriage
The divorce process officially begins when you file a Petition for Dissolution of Marriage with your local Missouri Circuit Court. This document includes:
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Grounds for divorce: Missouri is a no-fault divorce state. The most common reason cited is an irretrievable breakdown of the marriage.
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Details about children, property, debts, and spousal support
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A request for specific relief (custody, alimony, division of property, etc.)
📌 Note: If children are involved, additional documents (like parenting plans and child support worksheets) may be required.
3. File the Petition with the Court
Submit your completed forms to the Circuit Court in the county where either spouse resides. You will also pay a filing fee—typically between $150 and $200. If you cannot afford the fee, you may request a fee waiver by filing an In Forma Pauperis form.
4. Serve the Divorce Papers
Your spouse (the “Respondent”) must be formally notified. This is called service of process and can be completed in several ways:
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Sheriff or private process server
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Certified mail (in some cases)
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If your spouse agrees to waive formal service, they can sign an Entry of Appearance and Waiver of Service form.
✅ Service is a required step. The court cannot proceed until proof of service is filed.
5. Await Your Spouse’s Response
Once served, the Respondent has 30 days to file a Response. In this document, they may:
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Agree with the terms of the Petition
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Disagree and file a Counter-Petition
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Remain silent (which may result in a default judgment in your favor)
6. Resolve Disputes: Negotiation, Mediation, or Trial
If you and your spouse disagree on issues like property division, custody, or alimony, the court may require:
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Negotiation or settlement discussions
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Mediation (a neutral third party helps resolve disputes)
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Trial (if no agreement is reached)
Missouri courts often favor mediated agreements, especially in cases involving children.
7. Receive the Final Decree of Dissolution
Once all matters are settled—either through agreement or court ruling—the judge will issue a Final Decree of Dissolution of Marriage, legally ending your marriage. This decree will outline:
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Custody arrangements
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Child and spousal support
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Division of assets and debts
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Any name changes (if requested)
Bonus: Common Documents You May Need
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Petition for Dissolution of Marriage
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Confidential Case Filing Information Sheet
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Parenting Plan (if children are involved)
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Statement of Income and Expenses
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Property and Debt Division Worksheet
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Child Support Calculation Worksheet (Form 14)
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Final Judgment or Settlement Agreement
Conclusion
Filing for divorce in Missouri involves multiple legal steps—but you don’t have to face them alone. Working with a knowledgeable Missouri family law attorney can help protect your rights, guide you through the court process, and ensure your best interests are represented at every stage.
If you’re ready to take the first step or have questions about your options, contact our office today for a confidential consultation.
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#MissouriDivorce #FamilyLaw #DivorceAttorney #DivorceProcessMissouri #ChildCustodyMO #LegalSeparationMissouri