Missouri Divorce: What You Need to Know

Divorce is the legal process of terminating the marital rights and responsibilities between spouses. In Missouri, divorces are filed with the Family Division of the Circuit Court in the county where either spouse resides.

This article explains how divorce works in Missouri, including residency requirements, waiting periods, types of divorce, the court process, county-level filing details, and how to search for divorce records.

How Does Divorce Work in Missouri?

Before you can file for divorce in Missouri, there are residency requirements that need to be met. At least one spouse has to have lived in the state for 90 days before filing. The divorce case must be filed in the Circuit Court of the county where either spouse lives.

Missouri operates under a no-fault divorce system. This means that the only reason needed to file a divorce complaint is that the marriage is considered “irretrievably broken.”

Once the judge signs the judgment, the case becomes final after 30 days unless someone decides to appeal. This 30-day period is referred to as the waiting period. If the divorce is uncontested, it can be settled soon after this waiting period. However, contested divorces might take several months or even longer, depending on whether the disagreements are complicated or not.

Types of Divorce in Missouri

Missouri recognizes several forms of divorce:

• Uncontested divorce: Uncontested divorce means that spouses agree on custody, property, and financial issues. These cases are resolved easily and may only require a short hearing.
• Contested divorce: A contested divorce is when both parties do not agree on issues related to the divorce, such as child support, property division, or alimony. These cases involve more hearings, mediation, or trial.
• No-fault divorce: This process allows a couple to terminate their marriage based on the claim that the marriage is irretrievably broken.
• Fault-based divorce: This process requires one party to prove that the other party is responsible for the breakdown of their marriage. Common grounds for fault-based divorce can include adultery, abandonment, and abuse.
• Collaborative divorce: Collaborative divorce allows couples to work with attorneys and mediators outside of court. The aim is to resolve disputes related to the divorce without going to trial.
• Legal separation: Missouri allows legal separation. This process allows couples to remain married while living separately. The court establishes terms for custody, support, and property division.

Missouri Divorce Court Process and Forms

Divorces in Missouri are filed in the Circuit Court, Family Division of the county where either spouse resides. The process begins when one spouse, the petitioner, files a Petition for Dissolution of Marriage.

Other required documents may include:

• Confidential case filing information sheet
• Statement of Income and Expenses
• Statement of Property and Debt
• Parenting Plan (if children are involved)

The spouse who initiates the divorce is known as the petitioner, while the other spouse is referred to as the respondent. The respondent must be served with the petition and summons. Service is done by a sheriff, process server, or certified mail. The respondent has 30 days to file an answer.

Both spouses are required to provide financial disclosures to the court. If there are children involved, both parents must complete a Parent Education Program before any custody orders can be made.

In cases where there is disagreement, judges can mandate mediation to help settle custody or visitation issues. If an agreement cannot be reached, the case will proceed to trial.

The divorce is officially completed when the judge signs a Judgment of Dissolution of Marriage, which terminates the marriage. The dissolution of marriage also sets forth custody arrangements, child support, property division, and spousal maintenance.

City- and County-Level Filing Details

Divorces in Missouri are filed at the county level in Circuit Courts. Here are details for some of the largest counties:

• St. Louis County (Clayton):
  • Courthouse: St. Louis County Circuit Court. 105 S. Central Avenue, Clayton, MO 63105.
  • Services: St. Louis County Circuit Court provides online access to forms and case records. The court also orders mandatory parenting program for custody cases.
• Jackson County (Kansas City):
  • Courthouse: Jackson County Circuit Court. 415 E. 12th Street, Kansas City, MO 64106.
  • Services: Jackson County Circuit Court offers online remote access to divorce forms. The court usually recommends mediation in custody disputes.
• Greene County (Springfield):
  • Courthouse: Greene County Circuit Court. 1010 N. Boonville Avenue, Springfield, MO 65802.
  • Services: This court had self-help centers for walk-in requests. It also orders parenting education in cases with children.
• St. Charles County (St. Charles):
  • Courthouse: St. Charles County Circuit Court. 300 N. Second Street, St. Charles, MO 63301.
  • Services: St. Charles County Circuit Court provides remote access to divorce forms.
• Boone County (Columbia):
  • Courthouse: Boone County Circuit Court. 705 E. Walnut Street, Columbia, MO 65201.
  • Services: The court clerk provides filing guidance to interested persons for free. Parenting programs are also required for divorces involving minor children.

While divorce procedures are mostly the same across the state, each Circuit Court may have some small local differences.

How to Search for Divorce Records in Missouri

Divorce records are public information in Missouri. However, confidential information such as Social Security numbers, financial accounts, and minor children’s information are exempt from public disclosure. Records are maintained by the Circuit Court Clerk in the county where the divorce was granted.

Ways to access records include:

• At the courthouse: Certified copies of divorce decrees and case files are available from the clerk for a fee.
• Online: Missouri’s Case.net system provides statewide access to docket information, searchable by name or case number. Full divorce documents must be obtained from the courthouse.
• Vital Records: The Missouri Department of Health and Senior Services, Bureau of Vital Records issues divorce certificates (summary records, not full decrees) for divorces since July 1948.
• Third-party services: Private websites may provide searches, but only the Circuit Court or Vital Records can issue certified copies.

Divorce records typically contain the names of both spouses, the date and county where the divorce took place, the case number, and the judge’s final decisions regarding custody, division of property, and financial support. The Judgment of Dissolution of Marriage serves as the official evidence that the marriage has been legally terminated.

Key Points

• Divorce in Missouri is filed in the Circuit Court, Family Division, of the county where either spouse resides.
• One spouse must live in Missouri for 90 days before filing.
• Missouri is a no-fault divorce state, but fault may still affect custody, alimony, or property division.
• A 30-day waiting period applies after filing before a divorce can be finalized.
• Parents must complete a parenting education program, and mediation is often ordered in custody cases.
• Divorce records are public and available through county Circuit Court clerks, with statewide docket information searchable through Case.net and certificates available from the Bureau of Vital Records.