Missouri Divorce
Information and FAQ
Irretrievable breakdown of the marriage with no reasonable
likelihood that the marriage can be preserved is the only grounds
for divorce in the State of Missouri. AMS 30-452-305
Residency requirements At least one of the parties to the
dissolution action must have resided in the State of Missouri for at
least ninety days immediately prior to the filing of the Petition.
The action should be filed in the county where the petitioner
resides. AMS 30-452-300
Name of the court and title of the action/parties An action for
dissolution of marriage is filed in the Circuit Court. The name of
the action initiating the dissolution is called a Petition for
Dissolution of Marriage, while the action granting the dissolution
is referred to as the Decree of Dissolution of Marriage. The party
filing the action is called the Petitioner, while the other party to
the action is the Respondent. If the action for dissolution is filed
jointly, both parties are referred to as Co-Petitioners. AMS
30-452-300
Legal separation A party may file for legal separation in the
State of Missouri based upon irretrievable breakdown of the
marriage. At least one of the parties must have resided within the
State of Missouri for at least ninety days prior to filing the
petition. AMS 30-452-305 Alimony Alimony may be granted to either
spouse upon a finding that the spouse seeking alimony is unable to
support himself and lacks sufficient propertyto provide for his own
needs; or that the spouse seeking alimony is the custodian of a
child whose condition is such that it would be inappropriate for
that spouse to seek outside employment. Factors the court will
consider in awarding alimony include:
1. The time necessary for the the spouse seeking support to
acquire sufficient education or training, 2. The comparative earning
capacity of each spouse; 3. The standard of living established
during the marriage; 4. The obligations and assets of the marriage,
both separate and marital; 5. The duration of the marriage; 6. The
age, physical and mental condition of the spouse seeking support; 7.
The ability of the supporting spouse to meet both his needs and the
needs of the spouse seeking support; 8. The conduct of the parties
during the marriage; 9. And any other relevant factors.
Alimony may be awarded in a gross sum to be paid to the
recipient, or may be awarded on a year-to-year basis. The award of
alimony terminates upon the remarriage of the recipient spouse or
that spouse’s death. The order establishing alimony must also
state whether the award is modifiable or non-modifiable. If the
award is modifiable, the court may modify the award only upon a
showing that the circumstances have changed so substantially as to
make the terms unreasonable. AMS 30-452-335
Distribution of property Missouri is an equitable distribution
state. This means that the court will divide the marital property
between the parties as it deems equitable and just, after setting
aside to each spouse the separate property of each. Factors the
court considers in dividing the property between the parties
include: 1. The economic circumstances of the parties at the time of
the division of property; 2. The contribution of each spouse to the
marital estate; 3. The value of the non-marital property set apart
to each spouse; 4. The conduct of the parties during the marriage,
and; 5. Custodial arrangements for minor children. AMS 30-452-330
Child custody Missouri courts will decide the issue of custody
based upon the best interests of the child. A partial list of
factors the court will consider in determining the best interests of
the child include:
1. The wishes of the parents, the need of the child for a
frequent and meaningful relationship with both parents; 2. The
interaction and interrelationship of the child with both the parents
and any siblings, and; 3. The wishes of the child.
Each parent is required to submit to the court a proposed
parenting plan within thirty (30) days after service of process or
filing of the entry of appearance, setting forth arrangements
regarding such issues as custody, visitation and residential time
for each child that the party believes to be in the best interests
of the child.
Prior to awarding custody, the court shall first consider
awarding joint physical and legal custody to both parents. If the
court determines that joint physical and legal custody awarded to
both parents is not in the best interests of the child, the court
shall next consider joint physical custody with one party awarded
sole legal custody. If that arrangement is also determined not to be
in the best interests of the child, the court shall next consider
joint legal custody with one party granted sole physical custody. If
that arrangement is not in the best interests of the child, the
court would next consider sole custody to either parent or a
third-party custody arrangement. No preference will be given to
either parent in determining custody based upon the parent’s age,
sex or financial status, nor because of the age or sex of the child.
When custody of a child is at issue in a proceeding for
dissolution of marriage the court shall order the parties to the
action to attend educational classes concerning the effects of
custody and dissolution of marriage upon the children. The court may
also order the parents to attend an alternative dispute resolution
program to resolve any issues in dispute regarding issues of custody
or visitation.
Unless a parent has been denied custody or visitation rights,
both parents shall have equal access to records and information
pertaining to a minor child, including but not limited to, medical
dental and school records. Upon a finding that one parent has denied
the other or refused to exchange information regarding the child,
the court shall order the spouse who is refusing such information to
immediately comply and to pay the other parent’s costs associated
with obtaining the information.
The court may modify an order granting or denying visitation
rights whenever modification would serve the best interests of the
child, but the court shall not restrict the visitation rights of a
parent unless it finds that the visitation would endanger the
child’s physical health of impair his emotional development. In
order to assure compliance, the court may order parents to bring the
child to a neutral location for the exchange pursuant to the
visitation or custody plan or court order. In addition, the court
may include in the custody or visitation order a provision for the
sheriff or other law enforcement officer to assist in enforcing the
custody or visitation rights of either parent. AMS 30-452-(375-400)
Child support In a proceeding for dissolution of marriage or
legal separation, the court may order either or both parties to pay
a reasonable amount necessary for the support of a child of the
marriage. Some of the factors the court will consider in determining
the amount of child support include:
1. The financial needs and resources of the child; 2. The
financial resources and needs of the parents; 3. The standard of
living the child would have enjoyed had the marriage not terminated;
4. The child’s physical and legal custody arrangements.
The obligation to pay child support terminates upon the death of
the child, the marriage of the child, the child entering active duty
in the military, the child becoming self-sufficient, the child
reaches eighteen (18) years of age, or, if the child is enrolled in
a secondary school program of education, when the child reaches the
age of twenty-two (22) years of age.
The Missouri legislature has established child support guidelines
which establish the presumptive correct amount of child support.
Deviation from the guidelines require a specific finding by the
court that application of the guidelines would be unjust or
inappropriate and such findings must be included in the judgment. A
modification of a child support order may only be made upon a
showing to the court of a change in circumstances that would result
in a change of support from the existing amount by twenty percent
(20%) or more. From the date of filing of the petition for
dissolution of marriage or legal separation, no party may terminate
insurance coverage during the pendency of the action for any other
party or child of the marriage.
The court may grant visitation rights to the grandparents of the
child if such visitation would be in the best interests of the
child. AMS 30-452-(340-345)
Name change A spouse may petition the court requesting that upon
divorce the court restore the party to the use of a former or maiden
name. AMS 30-527-270
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