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Missouri law

Family Laws in Missouri.

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

State law

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.

State law

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.

State law

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.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Missouri.

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