The following information is intended to give you a general outline of the divorce process in Missouri.  You must speak to an attorney for advice pertaining to your particular situation.

In All Cases
One of the parties must be a resident of Missouri for at least ninety days immediately before filing a divorce petition.

Missouri is a modified, no-fault state.  This means that you are not required to set forth grounds for the divorce, but must allege that "the marriage is irretrievably broken."

There is a thirty-day waiting period following the filing of the petition before the divorce can be granted.

The Issues
There are three basic areas that must be addressed in all divorces and an additional two issues if there are children. 

• Maintenance (Spousal Support, Also Called Alimony)
• Division of Property and Debts
• Attorney's Fees
• Child Custody and Visitation
• Child Support

The Process
If the parties are able to agree on all of the above issues which, apply in their situation, the case is "non-contested".   In many instances the parties may submit a written agreement to the Court for approval. This can often be done by affidavit rather than a hearing in person.  If the parties cannot reach agreement on any issue, the case is "contested" as to that issue and must be resolved by the parties or the Judge, if they are unable to do so.

Along with the Petition for Dissolution of Marriage (divorce petition), the Petitioner (party who files) must submit a Statement of Property which sets forth the parties' separate and marital property and a Statement of Petitioner's Income and Expenses.  The Court provides forms for the financial statements.  Filing fees vary from county to county but as an example, the filing fee you must deposit in St. Louis County is $225.00.

The Parenting Plan
If the divorce involves minor children of the divorcing parties, you must also submit a Parenting Plan, which sets forth your proposed schedule of custody and visitation.  If your spouse disagrees, he or she will submit his or her own plan. The court has sample plans to be used as a guide. 

Child Custody (2 types)
Legal custody refers to the right to make important decisions about your child.  A couple with joint legal custody must agree on such matters as their child's education, religion and medical care. 

Physical custody refers to the actual home where the child resides.  In some instances, the parties share physical custody meaning that the child resides with both for approximately the same amount of time.  If the parties have joint physical custody, one parent's address must be listed for educational purposes. 

The Parenting Class
Most courts require that if there are minor children, the divorce cannot be finalized until both parents have separately completed a parenting class.

Child Support Calculations "Form 14"
Child support is based on yours and your spouse's gross monthly incomes.  In some instances, these must be estimated.  Day care expenses, health insurance for the children, and other extraordinary expenses for the children are often included in the child support amount.  Each party must pay their proportionate share.

Child support will be paid to the custodial parent through a wage withholding, which is a deduction from the payer's paycheck.

Maintenance
Whether or not a party is entitled to maintenance (spousal support) is in the discretion of the Judge if the parties cannot agree on this issue.  There are many factors to be considered by the Judge including: the age of the parties, the length of the marriage, the age of any children, work history, and any misconduct of the parties.  If he or she determines that an award of maintenance is appropriate, the Judge will then decide the amount and duration of the maintenance award.

Division of Property
The parties' separate property is set aside to them in a divorce.  Separate property refers to property: 

(1) Owned Prior to the Marriage
(2) Acquired by Gift
(3) Acquired by inheritance, so long as the separate property is not co-mingled with marital property.  This can sometimes be difficult to determine.

The court must divide all marital property and debts in the final divorce Judgment.

Attorney's Fees
The Judge will decide who is responsible for payment of the attorney's fees, if the parties cannot agree.  Some factors considered by the Judge in deciding whether to award attorneys fees are:  the relative income of the parties, the length of the marriage, and misconduct of the parties.

A final word: A divorce may be filed but cannot be finalized if the wife is pregnant.