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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:
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Residency:
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At least one spouse must have been a resident of Missouri for at least 90 days before filing.
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Grounds for Divorce
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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.
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Full Agreement:
To proceed uncontested, both spouses must agree on all major issues, including:
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Division of property and debts
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Spousal maintenance (alimony), if any
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Child custody, visitation, and support (if you have children)
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Steps to File for an Uncontested Divorce:
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Complete the Required Forms
You will need to complete several forms, which may include:
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Petition for Dissolution of Marriage
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Statement of Property and Debt
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Statement of Income and Expenses
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Marital Settlement Agreement
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Parenting Plan (if you have children)
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Form 14 Child Support Calculation (if applicable)
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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
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File your completed forms with the Circuit Court in the county where either you or your spouse resides.
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Pay the filing fee, which typically ranges from $130 to $225, depending on the county.
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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:
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Sheriff’s service
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Private process server
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Certified mail with return receipt requested
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The cost of service typically ranges from $25 to $50, depending on the method chosen.
4. Attend a Court Hearing (If Required)
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Missouri law requires a 30-day waiting period from the date the petition is filed before a divorce can be finalized.
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After the waiting period, a brief court hearing may be scheduled to review the divorce agreement and ensure all requirements are met.
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If everything is in order, the judge will issue a Judgment of Dissolution of Marriage, finalizing the divorce.
Cost Considerations
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Filing Fee: Approximately $130 to $225, varying by county.
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Service Fee (If required):Around $25 to $50, depending on the method of service.
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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.
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Fee Waiver: Available for those who qualify based on income.
Important Considerations
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With Children:
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You must submit a Parenting Plan and a Form 14 Child Support Calculation.
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The court will ensure that all child-related agreements serve the best interests of the child.
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Property Division:
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Missouri follows equitable distribution, meaning property is divided fairly, but not necessarily equally.
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Legal Advice Recommended:
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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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