Missouri Divorce Records

Missouri has a divorce rate of 2.7 divorces per 1,000 residents. Its rate is slightly higher than the national rate of 2.4 per 1,000 people. Nationally and in Missouri, the divorce rate has been on a decline, compared to previous years. Several factors contribute to the divorce rate decline in the state, including increased cohabitation, higher levels of education, and religious factors.

The Missouri Department of Health and Senior Services (DHSS) and the Circuit Clerk of Court in each county are responsible for creating and maintaining divorce records. Missouri divorce records, which are documents about a legal dissolution of marriage, comprise three main types:

• Divorce Decree: It is the official court order legally ending a marriage. It contains the court's final decision on property division, child custody, child and spousal support, and parental visitation.
• Divorce Certificate: An official record that serves as proof of the divorce. It is less detailed and typically required for legal, financial, or personal reasons.
• Judgment of Dissolution: The formal court decision confirming the dissolution of the marriage. It is a temporary record pending the official release of the divorce decree.

Missouri divorce records are open to the public. However, certain information on the record may be restricted from the public. Likewise, divorce records sealed by a court order are unavailable to the public.

What Are the Residency Requirements for Divorce In Missouri?

Title 40 Chapter 4 Part 1 of the Montana Code outlines the residency requirements for divorce. Under Missouri law, at least one party to the divorce may live in Missouri for at least 90 days before filing for divorce. The divorce petition may also be filed in the Circuit Court in the county where the petitioner resided for at least 90 days. Also, the state provides residency requirements for non-residents. Non-resident couples who have lived in the state for at least 90 days may file for divorce.

What Are the Grounds for Divorce in Missouri?

Missouri law allows for divorce under two grounds: No-fault and Fault-based grounds.

• No-Fault Divorce: In a no-fault grounds for divorce, one spouse does not have to prove that the other spouse was at fault for the breakdown of the marriage. Missouri is primarily a no-fault state. Generally, no-fault divorces are granted in the state based on irreconcilable differences. Irreconcilable differences imply that the couple no longer get along on aspects of their relationship. In no-fault divorces, the petitioner may state that the marriage is broken and cannot be repaired.
• Fault-Based Divorce: A fault-based divorce is granted where one spouse can prove that the other spouse engaged in certain behaviors that led to the marriage breakdown. While Missouri is largely a no-fault state, Section 452.320 of the Missouri Code provides for fault-based divorce under the following grounds:
  • Adultery
  • Intolerable behavior
  • Abandonment
  • Mutual separation for at least 12 months
  • Separation for at least 24 continuous months before filing the petition

How Much Does It Cost To File for Divorce in Missouri?

Generally, it costs around $140 to $200 to file a divorce petition at the courts in Missouri. The cost varies depending on the county or court. However, there are other costs involved in the divorce process, depending on the complexity of the case. These costs include:

• Attorney fees
• Child support payment
• Alimony
• Mediation or counseling classes
• Division of property and debts
• Custody and visitation evaluations
• Expert witness fees

The average cost of divorce per person in Missouri is over $10,000, with the fees running over $13,000 when kids are involved. Compared to its neighbors, Iowa and Arkansas, where the average cost to get a divorce per person is $9,184 and $8,165, Missouri has a slightly higher divorce cost.

How Long Is the Waiting Period for Divorce in Missouri?

Missouri has a waiting period of 30 days. Also called the cooling off period, the waiting period set by the state is designed to allow both parties time to reconsider or resolve any issues before the court dissolves the marriage. Usually, the waiting period commences from the date the divorce petition is filed. The waiting period is mandatory, and even if both parties agree on all terms of the divorce, it cannot be finalized until after 30 days have passed from the filing date.

In divorce, the waiting period differs from the separation period. The separation period is a period during which the spouses live separately from each other, usually to live apart for good. Missouri law does not mandate couples seeking divorce to live separately before filing for a divorce.

How To File for Divorce in Missouri

Filing for divorce involves several steps. These steps are generally the same whether the divorce is contested or uncontested.

• Meet the residency requirement.
• Fill out the applicable Petition of Marriage Dissolution form.
• File the petition with the Circuit Court in the county where either party to the divorce has lived for at least 90 days.
• Serve the divorce petition to the other spouse. The respondent must be served within 30 days of filing the divorce petition.
• The respondent may respond to the divorce petition by completing the Respondent Answer to Petition for Dissolution of Marriage form.
• Where the respondent agrees to the divorce terms, they may file a Separation Agreement.
• Where the parties disagree, the case becomes contested and requires a hearing in court.
• The judge issues the Final Judgment of Dissolution once all issues are resolved.

Individuals seeking further guidance on filing for divorce in Missouri may utilize various resources, including forms, instructions, and self-help guides, provided on the Missouri Court website.

Are Divorce Records Public in Missouri?

Divorce records are generally considered public records in Missouri per the Missouri Open Records Act. However, the access granted to the public depends on the type of divorce records and the information it contains. In Missouri, while general divorce information is open to the public, detailed information or sealed divorce records are restricted.

Divorce records containing sensitive information may be restricted in whole or in parts from the public. Per state law, financial information, child custody arrangements, medical and mental health information, and domestic abuse reports are excluded from the public. Likewise, sealed divorce records are unavailable to the public except with a court order.

Access to sealed or confidential divorce records is restricted to the individuals named on the divorce records, their attorneys, immediate family members, authorized government agencies, and third parties with a court order.

How To Get Certified Copies of a Divorce Decree in Missouri

Divorce decrees are court-issued documents that outline the terms that finalize a marriage. Certified copies of divorce decrees are required for legal purposes such as name change or enforcing custody orders. Access to certified copies of divorce decrees is generally restricted to individuals with verifiable interests.

Divorce certificates are not the same as divorce decrees. Divorce certificates contain limited information, such as the party's name and date of divorce, about the divorcee. It confirms the divorce occurred. Divorce certificates cost $15 per certificate.

Certified copies of divorce decrees are accessible at the Circuit Court Clerk's Office in the county where the divorce was finalized. Complete the required form and pay the fees. The fees vary per county but typically cost up to $25 to retrieve the record. It takes about four months to process divorce cases in Missouri.

Divorce Settlement: Is Missouri a 50/50 State?

Missouri is not a 50/50 state. Missouri follows the equitable distribution law when splitting marital assets following a divorce. Under equitable distribution, the assets, and sometimes debts, are divided fairly, not equally. It includes all property acquired during the marriage and excludes all properties spouses brought into the marriage or received as gifts.

Generally, asset division under equitable distribution depends on what the court deems as just and reasonable. The court considers the following factors when deciding on how to divide marital property:

• The financial contributions of each spouse
• The economic circumstances of each spouse
• The length of the marriage
• The conduct of each spouse, such as wasteful spending or marital misconduct

Community property differs from equitable distribution laws when dividing marital property. In community property, all assets acquired during the marriage are owned by both spouses and are divided equally, 50/50, when the marriage ends.

FAQs About Divorce Process In Missouri

Below are some common questions asked about the divorce process in Missouri and their answers.

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