By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 10, 2023
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When one or both parties in a marriage decide it is no longer working out, they may file a petition with the court to dissolve the marriage. This is commonly called divorce. All states have their own laws and procedures for divorce proceedings, which may differ from one another in a few subtle ways (such as waiting periods and legal grounds for divorce).
This article provides a brief overview of divorce laws in the state of Missouri.
In Missouri, legal requirements for divorce include residency in the state for at least 90 days. Also, as a no-fault state (as all 50 states are), there is no need to prove fault in order to be granted a divorce. However, the court may consider (but is not limited to) any of the following when deciding whether the marriage should be dissolved:
Some details about Missouri's divorce laws are listed below. See FindLaw's Divorce section for more articles, sample forms, and state-specific information.
Code Section |
Chap. 452 of the Missouri Revised Statutes |
|---|---|
Residency Requirements |
Either party must be a resident for 90 days |
Waiting Period |
Final when entered, subject to appeal. The court's order of distribution of marital property is not subject to modification |
'No-Fault' Grounds for Divorce |
Irretrievable breakdown |
Defenses to a Divorce Filing |
- |
Other Grounds for Divorce |
It is not necessary to prove fault, only that the marriage is irretrievably broken. If the court decides that the marriage still has a chance at working, it will grant a legal separation If the defendant spouse denies the marriage is irretrievably broken, the plaintiff may choose to prove acts of adultery, abuse, or other factors that would help the court make a proper decision on the matter |
Note: State laws are always subject to change through the passage of new legislation, rulings in higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If you're getting divorced, you will undoubtedly have a lot on your plate, especially if there are child custody matters to resolve. Help ease your burden by contacting a divorce attorney in Missouri who will work hard to protect your interests and ensure the best outcome possible.
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