By Neta, founder of SortMyDivorce · Published · Updated
90 days in Missouri before filing, then 30 days between the petition and the court entering judgment. Missouri does grant legal separation.
Missouri calls it a 'dissolution of marriage,' and two things shape almost every case here: property is divided equitably rather than automatically split down the middle, and the law builds in a mandatory 30-day pause before any decree can be final.
| Residency requirement | At least one spouse must have lived in Missouri (or been a servicemember stationed there) for 90 days immediately before filing. |
|---|---|
| Grounds | No-fault in form, but not if it is contested. The ground is that the marriage is irretrievably broken (Mo. Rev. Stat. §452.320). If your spouse denies that, §452.320.2 requires you to prove one of: adultery, behaviour you cannot reasonably be expected to live with, abandonment for six months, twelve months' separation by consent, or twenty-four months' separation. So fault can become necessary even though Missouri is usually described as a no-fault state. |
| Waiting period | At least 30 days must pass between filing the petition and the court entering judgment. |
| Legal separation | Missouri does grant legal separation. It settles the same questions a divorce settles — support, parenting and, depending on the case, property — but leaves the marriage in place, so neither spouse can remarry without a divorce. |
| If you were never married | Missouri does not create common-law marriage, and living together gives neither partner property or support rights. Claims rest on agreements between you. A common-law marriage validly formed in a state that does create them is generally still recognised. |
| Where you file | The Circuit Court (Family Court Division) in the county where either the petitioner or the respondent resides. |
| Filing fee | Payable when you file your opening divorce document. Set locally by the county, not as one statewide rate. Filing fees are set by the court and change without notice: check the current schedule on the court's own website before you file, and ask about a fee waiver if the cost is a barrier. |
| Starting forms | Petition for Dissolution of Marriage (Form CAFC001), plus a Statement of Property and Debt, Income and Expense Statement, Filing Information Sheet, and — if there are minor children — a Parenting Plan. A Litigant Awareness Program certificate from selfrepresent.mo.gov is also required before filing. |
| Simplified option | Yes — Missouri courts provide a free "agreed"/uncontested packet of forms for spouses who agree on all terms (property, debt, custody, support), letting them file without a lawyer. |
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Missouri is an equitable distribution state, not a community property state. Under Section 452.330 of the Missouri Revised Statutes, the court divides marital property in a way it considers fair — which is not the same as equal. Judges generally weigh each spouse's economic circumstances, contributions to acquiring the property (including as a homemaker), the value of separate property each person holds, conduct during the marriage, and custodial arrangements for any children. Separate property — generally what either spouse owned before marriage, or received individually as a gift or inheritance — is normally not divided, but it can lose that protection if it gets mixed with marital funds over the years, so tracing where money came from matters.
Missouri divorce is no-fault: one spouse simply needs to state under oath that the marriage is irretrievably broken. Cases are filed in the Circuit Court of the county where either spouse lives, and at least one spouse generally must have lived in Missouri for 90 days before filing. The other Missouri-specific rule to plan around: by statute, a court cannot enter a final judgment of dissolution until at least 30 days have passed since the petition was filed. That floor exists regardless of how quickly both sides agree — it sets the earliest possible finish line, not a typical one, since contested issues routinely extend a case well past it.
Because Missouri courts weigh contributions and circumstances so heavily in dividing property, a clear paper trail is worth more here than in states with a strict 50/50 default. Start collecting: recent tax returns, pay stubs, and any documentation of income from all sources; statements for every bank, retirement, and investment account; mortgage and property tax records for any real estate; vehicle titles and loan statements; and records of significant debts. If any property is arguably separate — owned before the marriage, inherited, or a personal gift — gather the original documentation and anything showing it stayed separate (or, honestly, that it got mixed in), since that history often becomes a point of discussion.
Save every letter exchanged with the other side's attorney from the start. Missouri cases with children also require a parenting plan, and child support calculations generally use the state's Form 14 worksheet, so pull together a clear picture of both parents' incomes and the actual time each parent spends with the children — that detail shapes the numbers directly.
Missouri courts decide custody and parenting time based on the best interests of the child, considering factors like each parent's willingness to support the child's relationship with the other parent, the child's needs, and each parent's ability to provide a stable environment. Missouri strongly favors having both parents involved unless there's a specific reason otherwise. Support amounts generally flow from the Form 14 guidelines, which weigh both parents' incomes and the parenting time schedule — a detailed, realistic proposed schedule tends to serve a case better than a vague one, since it directly feeds the support math.
Legal separation is available in Missouri. It is a court proceeding, and in most respects it runs like a divorce: the court can settle support, parenting arrangements and, depending on the case, the division of property, and the resulting order binds both spouses.
What it does not do is end the marriage. People choose it for a range of reasons — health coverage, religious conviction, immigration status, or simply not being ready — and it leaves the door open to reconciling without starting over.
Two consequences follow. Neither spouse can remarry unless they later obtain a divorce, and modifying the order generally takes the court's approval rather than a private agreement between you. If you expect to divorce eventually, ask what converting the separation into a divorce involves here before you start.
Missouri does not create common-law marriage. There is no number of years of living together that turns into a marriage here, and none of the divorce machinery on this page applies to a couple who never married — no property division, no spousal support, no residency requirement to satisfy, because there is nothing to dissolve.
What unmarried partners have instead are ordinary civil claims: whatever you agreed between yourselves, in writing or by clear conduct, and claims over property you actually hold jointly. These are argued like any other contract or property dispute rather than as family-law entitlements, and they turn on what can be proved.
One qualification runs the other way and matters. A common-law marriage validly formed in a state that does create them — Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised elsewhere. A couple who met that state's test while living there, and later moved here, are married, and separating means divorcing. Children are unaffected either way: custody and child support are decided on the same basis whether or not the parents married.
1) Confirm you meet the 90-day residency requirement and identify the correct county Circuit Court before filing. 2) Build your financial picture now — income, debts, and property, flagging anything you believe is separate property along with its history. 3) If children are involved, start sketching a realistic parenting time schedule, since it will anchor both the parenting plan and the support calculation. 4) Remember the 30-day floor: it won't speed anything up, but knowing it's the legal minimum helps you set realistic expectations rather than assuming a quick resolution. 5) Keep every letter and its date — in an equitable distribution state, the record of who proposed what, and why, often matters as much as the final numbers.
One spouse must have lived in Missouri (or been stationed there in the military) for 90 days before filing. File in the Circuit Court of the county where you or your spouse lives.
Before you can file self-represented dissolution forms, Missouri requires you to watch a short video and read case information at selfrepresent.mo.gov, then print a Certificate of Completion to submit with your case.
If you and your spouse agree on dividing property/debt, custody, and support, use the free 'Petitioner's Dissolution of Marriage Forms' packet for agreed cases. If you disagree on major issues, you'll likely need to hire an attorney or prepare for a contested case.
This is the document that starts your case. It asks for both spouses' residence information, marriage date/location, separation date, and details about any minor children and property.
Along with the petition, prepare a Statement of Property and Debt, an Income and Expense Statement, a Filing Information Sheet, and — if you have minor children together — a Parenting Plan covering custody and child support.
Submit your forms to the Circuit Court clerk in the proper county and pay the filing fee, which varies by county and whether children are involved; ask the clerk for the current amount or about a fee waiver if you can't afford it.
Your spouse must be formally notified of the case, either by having them sign an Entry of Appearance/Waiver if the case is agreed, or through sheriff or process-server service if it's contested.
If you have minor children, most Missouri counties require both parents to complete a court-approved parenting/co-parenting education course before the case can be finalized.
Missouri law requires at least 30 days between filing and judgment. Once that period passes and paperwork (including a proposed Judgment of Dissolution) is in order, a judge can sign the final judgment, which may require a short hearing.
Not automatically. Missouri is an equitable distribution state, so courts divide marital property in a way they consider fair based on factors like each spouse's contributions and circumstances — that can be equal, but it isn't guaranteed.
By statute, a Missouri court cannot finalize a dissolution until at least 30 days after the petition is filed. That's a legal floor, not a typical timeline — contested cases commonly take longer. Confirm current timing with a local family law attorney.
Generally, at least one spouse must have lived in Missouri for 90 days before filing. Confirm your specific situation with a Missouri family law attorney or your county Circuit Court's self-help resources.
A legal separation in Missouri settles much of what a divorce settles — support, parenting and, depending on the case, property — and the order binds both spouses. The difference is that it does not end the marriage, so neither spouse can remarry without later obtaining a divorce. People use it for health coverage, religious reasons, immigration status, or because they are not ready to divorce. Changing the order generally requires the court's approval.
No. Missouri does not create common-law marriage, and living together for any length of time gives neither partner property division nor spousal support. Unmarried partners rely instead on agreements between themselves and on claims over jointly held property, argued as ordinary civil matters. One important exception: a common-law marriage validly formed in a state that does create them — such as Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised here, so that couple would need a divorce. Custody and child support apply regardless of marriage.
If you are in immediate danger, call 911. There is no statewide crisis line here that we could verify, so use the national one: contact the National Domestic Violence Hotline at 1-800-799-7233, or text START to 88788 if a call is not safe. For a mental health crisis, call or text 988.
Last reviewed August 2026. Researched and written by Neta, founder of SortMyDivorce. I am not a lawyer and this is not legal advice — laws, fees and forms change, so please confirm current details with the official sources above or a local family lawyer.
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