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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