Missouri Residency Requirements Before Filing for a Divorce

If you are thinking about parting ways with your spouse, you may be wondering what the legal requirements are for divorce. Missouri allows for no-fault divorce — this means that you do not need to prove any marital misconduct in order to legally end your marriage. However, there are certain other requirements that must be met to file for divorce, including the Missouri residency requirements. Whether your case is contested or uncontested, it’s important to be aware of these criteria to help save time and money on your divorce.

What are the Missouri Residency Requirements for Divorce?

To obtain a dissolution of marriage in the State of Missouri, you must first satisfy specific residency criteria, regardless of the county in which you reside. The Missouri residency requirements for divorce are specified by statute under § 452.305(1) RSMo. The court can grant a judgment of dissolution if it finds that one of the following residency requirements are met:

• You have been a resident of Missouri for the 90 days immediately preceding the divorce filing; or
• Your spouse has been a resident of Missouri for the 90 days immediately preceding the divorce filing; or
• Either spouse is a member of the armed services and has been stationed in Missouri for the 90 days immediately preceding the commencement of the divorce.

The law also specifies that at least 30 days must have lapsed since the filing of the petition for dissolution in order for a judge to grant a divorce. Additionally, the court must find that there is no reasonable likelihood that the marriage can be preserved, and it is rendered irretrievably broken.

It is important to note however that there are different residency requirements, typically 6 months, for the court to have jurisdiction to enter any child custody orders, and other rules regarding personal jurisdiction may apply regarding the division of marital assets or the entry of money judgments, such as child support.

Are There Separation Requirements for Divorce?

There is no official separation requirement that must be met to divorce in Missouri, other than the 30-day waiting period imposed by statute from the time the petition was filed to the date of dissolution.

In some cases, a couple might opt for a legal separation instead of a divorce. This can give them more time to consider whether divorce is right for them. Couples might also consider separation for financial, health insurance, or religious reasons. If a couple wishes to separate rather than dissolve the marriage, the same residency requirements specified above for divorce apply.

How Do You Begin the Legal Process if You Meet the Residency Requirements for Divorce?

If you meet the residency requirements for divorce, the next step is filing the petition. You can file the petition for dissolution at the circuit court in the county where either you or your spouse lives. There is also a filing fee that must be paid at the time the petition is filed. Once the petition has been filed with the court, it must be served on your spouse.

The petition must include specific information, including each spouse’s residence and how long they lived there; the date and location of the marriage; the date of separation (even if it was not physical); and children’s information. The document must also specify whether arrangements were made for any issues that must be resolved and the relief sought. Other forms may also need to be filed along with the petition, such as a financial statement, a parenting plan, a certificate of dissolution, and a proposed judgment of dissolution.

What Other Requirements Must Be Met to Divorce in Missouri?

In addition to meeting the Missouri residency requirements for divorce, a court cannot enter a judgment of dissolution until certain issues are resolved. Significantly, matters regarding property division, child custody, child support, and spousal maintenance must be determined before the court can grant a divorce. These issues can be decided by settlement between the parties — or, if the spouses cannot reach a resolution, the court can decide the outcome.

Contact an Experienced Missouri Divorce Attorney

It’s essential to understand the Missouri residency requirements for divorce before you file for dissolution. A knowledgeable divorce attorney can advise you regarding the criteria that must be met and help you navigate the legal process in your case. Divorce and family law attorney Mark A. Wortman is committed to providing trusted representation to clients in the greater Kansas City, Missouri area for divorce matters and a broad scope of family law issues. To schedule a confidential consultation to learn how he can help with your case, please contact him today online or by calling (816) 523-6100.