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Uncontested Divorce in Missouri

Requirements for an Uncontested Divorce in Missouri

To qualify for an uncontested divorce (called “dissolution of marriage”) in Missouri, the following must apply:
 

  1. Residency: 

    • At least one spouse must have been a resident of Missouri for at least 90 days before filing.
       

  2. Grounds for Divorce 

    • Missouri is a no-fault divorce state. The only ground required is that the marriage is irretrievably broken, meaning there is no reasonable likelihood that the marriage can be preserved.
       

  3. Full Agreement:

    To proceed uncontested, both spouses must agree on all major issues, including:

    • Division of property and debts

    • Spousal maintenance (alimony), if any

    • Child custody, visitation, and support (if you have children)

Steps to File for an Uncontested Divorce:

  1.  Complete the Required Forms

You will need to complete several forms, which may include:

  • Petition for Dissolution of Marriage

  • Statement of Property and Debt

  • Statement of Income and Expenses

  • Marital Settlement Agreement

  • Parenting Plan (if you have children)

  • Form 14 Child Support Calculation (if applicable)

  • Judgment of Dissolution of Marriage
     

These forms can be obtained from the Missouri Courts website or your local courthouse.
 

2. File the Forms with the Circuit Court

  • File your completed forms with the Circuit Court in the county where either you or your spouse resides.

  • Pay the filing fee, which typically ranges from $130 to $225, depending on the county.

  • If you cannot afford the filing fee, you may request a fee waiver by filing a Motion and Affidavit in Support of Request to Proceed as a Poor Person.


3. Serve the Other Spouse
After filing, you must serve your spouse with a copy of the divorce petition. This can be done by:

  • Sheriff’s service

  • Private process server

  • Certified mail with return receipt requested

  • The cost of service typically ranges from $25 to $50, depending on the method chosen.

     


4. Attend a Court Hearing (If Required)

  • Missouri law requires a 30-day waiting period from the date the petition is filed before a divorce can be finalized.

  • After the waiting period, a brief court hearing may be scheduled to review the divorce agreement and ensure all requirements are met.

  • If everything is in order, the judge will issue a Judgment of Dissolution of Marriage, finalizing the divorce.

Cost Considerations

  • Filing Fee: Approximately $130 to $225, varying by county.
     

  • Service Fee (If required):Around $25 to $50, depending on the method of service.
     

  • Attorney Flat Fee: While not required, hiring an attorney to review your settlement agreement can cost between $500 and $1,000, depending on the complexity of your case.
     

  • Fee Waiver: Available for those who qualify based on income.

Important Considerations

  • With Children:

    • You must submit a Parenting Plan and a Form 14 Child Support Calculation.

    • The court will ensure that all child-related agreements serve the best interests of the child.

  • Property Division:

    • Missouri follows equitable distribution, meaning property is divided fairly, but not necessarily equally.

  • Legal Advice Recommended:​

    • Even in uncontested cases, consider having an attorney review your settlement agreement, especially if real estate, retirement accounts, or children are involved.

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