Skip to main content

Missouri Family Laws

Missouri is a purely no-fault divorce state — the sole ground is "irretrievable breakdown" of the marriage. The state requires only a 90-day residency and has a 30-day waiting period before a decree can be entered. Missouri uses equitable distribution for property division. In 2023, Missouri enacted a rebuttable presumption of equal parenting time in custody disputes, a significant shift toward shared custody.

Last verified: 2026-02-25

Statute of Limitations

No SOL for divorce filingsRSMo §§ 452.305-452.415

There is no statute of limitations for filing for divorce. Missouri is purely no-fault — the sole ground is that the marriage is irretrievably broken with no reasonable likelihood of preservation.

Filing Requirements

Residency RequirementRSMo § 452.305

One party must have been a Missouri resident for at least 90 days immediately before filing. Military members stationed in Missouri satisfy the requirement.

Filing Fee$100-$225 (varies by county)

Filing fees vary by county. Typically $100-$225 for uncontested divorces.

Key Missouri Statutes

No-Fault OnlyRSMo § 452.305

Missouri's sole ground for divorce is irretrievable breakdown of the marriage. Fault-based grounds are not recognized. One party must have been a Missouri resident for 90 days before filing. A 30-day waiting period applies before the decree can be entered.

Equitable DistributionRSMo § 452.330

Missouri divides marital property equitably (not necessarily 50/50). Courts consider economic circumstances, contributions to acquisition of property (including homemaking), value of separate property, conduct of parties, and custodial arrangements. Non-marital property (pre-marriage, inheritance, gifts) is generally excluded.

Presumption of Equal Parenting Time (2023)RSMo § 452.375

Missouri now presumes that equal (or approximately equal) parenting time is in the child's best interests. This is a rebuttable presumption. Courts consider: wishes of parents, child's relationship with each parent, adjustment to home/school/community, mental and physical health, history of abuse, and the willingness of each parent to facilitate contact with the other.

Spousal MaintenanceRSMo § 452.335

Three types: temporary (during proceedings), rehabilitative (short-term), and permanent (for those unable to become self-supporting). No statutory duration limits — courts determine what is "just." Factors include financial resources, time for education/training, comparative earning capacity, standard of living, duration of marriage, and age/health. Modifiable upon material change unless specified as non-modifiable.

Child Support (Form 14)RSMo § 452.340

Missouri uses an income shares model with a standardized Form 14 worksheet. Based on combined gross income, childcare costs, healthcare, and extraordinary expenses. Up to 50% credit for joint physical custody. Presumptively correct — rebuttal requires showing Form 14 amount is unjust or inappropriate.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Missouri Revised Statutes — Dissolution. For advice about your specific situation, consult a licensed attorney.

Other Missouri Laws

Personal Injury Laws·Criminal Defense Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Estate Planning Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws