Posted by DivorceLine in Missouri Divorce Procedures
Complete overview of Missouri divorce laws for people considering a Missouri divorce or filing a Missouri divorce with issues to be resolved about child custody, child support, visitation and alimony.
Missouri Divorce Residency Requirements
In order to file your Petition for Dissolution of Marriage in Missouri, you must make sure the Circuit Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Missouri residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
One party must be a resident of the state of Missouri, or is a member of the armed services who has been stationed in this state, for ninety days immediately preceding the commencement of the proceeding and thirty days must have elapsed since the filing of the petition before the dissolution of marriage will be granted.
An original proceeding shall be commenced in the county in which the petitioner resides or in the county in which the respondent resides.
(Missouri Statutes – Title 30 – Chapter 452 – Sections: 300 and 305)
Since dissolution of marriage (divorce) is governed by state law, it is required that you meet specific residency requirements in order to file for a dissolution of marriage (divorce) in the state of Missouri. It is most common that people file for a dissolution of marriage (divorce) in the county in which they live. If you are unsure of whether or not you meet the Missouri residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.
Missouri Grounds for Divorce
The Petition for Dissolution of Marriage is the initial document filed with the Missouri court. It is in the document that the filing spouse will request the court to terminate the marriage under certain specified grounds.
The marriage is irretrievably broken and there is no reasonable likelihood that the marriage can be preserved.
If the spouses file a petition or otherwise have stated under oath that the marriage is irretrievably broken, or one of the spouses has so stated and the other has not denied it, the court shall make a finding whether or not the marriage is irretrievably broken and shall enter an order of dissolution or dismissal accordingly.
(Missouri Statutes – Title 30 – Chapter 452 – Sections: 300)
Every dissolution of marriage (divorce) case that is filed in the state of Missouri must declare the grounds in which the dissolution of marriage (divorce) is to be granted. The grounds for dissolution of marriage (divorce) must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a dissolution of marriage (divorce), or agreeing to a dissolution of marriage (divorce), make sure that you completely understand the grounds and any potential legal repercussions.
Missouri Uncontested Divorce
This information is an overview of the uncontested Missouri divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Missouri.
To file for a divorce, one of the spouses must be a resident of Missouri for 90 days before filing for a dissolution of a marriage. The action should be filed in the county where the Petitioner resides. There is also a 30-day waiting period after the action has begun before a dissolution can be granted.
The only ground for dissolution in Missouri is No-Fault, which means there is an “[i]rretrievable breakdown of the marriage and no reasonable likelihood that the marriage can be preserved.”
Dissolutions are filed in the Circuit Court of the county.
The spouse filling the action is called the Petitioner; the spouse responding to the action is called the Respondent. When the spouses file jointly to end a marriage, they are called Co-Petitioners.
Legal separations are permitted when an irretrievable breakdown of the marriage happens as a result of 1) adultery, 2) abandonment, 3) separations caused by misconduct in the year before filing the petition, 4) spousal behavior that the other spouse cannot reasonably be expected to live with, 5) living separate and apart for two years. One of the spouses must be a resident of Missouri for 90 days before he or she can file for a legal separation.
Missouri permits simplified divorce. In this routine, the spouses file jointly. Some counties have approved preprinted forms for filing a joint petition for dissolution.
When one of the spouses files as an individual, the Petitioner must file the following forms:
a) A Petition for Dissolution of Marriage, Form PSC001, which states that the marriage is irretrievably broken and there is no reasonable likelihood it can be preserved; the date and location of the marriage; the date the spouses separated; where they live and work; whether there are minor children and where they reside, and the proposed custody arrangements;
b) A Statement of Income and Expense, PSC050, which lists the income and expenses of both spouses;
c) A Statement of Property and Debt and the Proposed Separation Agreement, Form PSC040, which profiles the assets and liabilities of the couple and the division and distribution the Petitioner seeks;
d) Missouri Department of Health Certificate of Dissolution of Marriage, Form PSC065, which records the divorce for record keeping purposes;
e) Family Court Filing Certificate, PSC067, which lists any other pending actions involving the parties of the dissolution, so that cases may be assigned without fear of a conflict of interest;
f) Judgment of Dissolution, PSC070, which is signed by the court and ends the marriage;
g) A Parenting Plan, PSC501, which spells out the terms and conditions of the custody and visitation of the minor children and their support;
h) An Answer to the Petition of Dissolution, Form PSC010, which is completed by the Respondent when he or she agrees with the complaint and filed by the Petitioner.
After the Petition has been filed with the Clerk of the Circuit Court, the Respondent must be given service of process.
The four most common ways of serving process are these:
1. Waiver of personal service, in which the Petitioner delivers a copy of the petition to the Respondent who signs and verifies a notarized form called an Entry of Appearance and Waiver of Service, which is returned to the Petitioner and filed;
2. Personal Service, in which the county sheriff or another court officer hand delivers the Petition to the Respondent;
3. Private or Special Process Server, which may be useful when the Respondent is being difficult or trying to avoid being served;
4. Service by Publication, in which the Petitioner, having failed to serve the Respondent by any of the three methods above, petitions the court for permission to publish a notice of the dissolution in a newspaper. The Respondent has 45 days from the date of last publication to file an Answer. If he or she does not file an Answer, the Petitioner may file for a default judgment.
Otherwise, after the Respondent has been properly served, he or she has 30 days to file an Answer. If he or she does not file an Answer, the Petitioner may go to court and ask for a default judgment.
Missouri Simplified Divorce Procedures
Missouri allows for a joint petition by both spouses to be filed. In such cases, each spouse should be titled as a “Co-Petitioner.” Settlement agreements are expressly authorized by statute in Missouri. In addition, some counties have approved pre-printed forms for filing for dissolution of marriage which are available upon request from the court clerk.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 320 and 325].
Each state has its own unique filing procedure. When filing for dissolution of marriage (divorce) in Missouri, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory dissolution of marriage (divorce) documents to the county court. You will discover that some documents may be provided by the Missouri Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Missouri Laws and the filing requirements.
Missouri Property Division Factors
In Missouri, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Circuit Court within the Decree of Dissolution of Marriage.
Missouri is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the Circuit Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Circuit Court to be fair.
The court shall considering all relevant factors including: (1) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children; (2) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; (3) The value of the nonmarital property set apart to each spouse; (4) The conduct of the parties during the marriage; and (5) Custodial arrangements for minor children.
Marital Property can be defined as all property acquired by either spouse subsequent to the marriage except:
1. Property acquired by gift, bequest, devise, or descent;
2. Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;
3. Property acquired by a spouse after a decree of legal separation;
4. Property excluded by valid written agreement of the parties; and
5. The increase in value of property acquired prior to the marriage, unless marital assets including labor, have contributed to such increases and then only to the extent of such contributions.
(Missouri Statutes – Title 30 – Chapter 452 – Sections: 330)
Since Missouri is an “Equitable Distribution” state, all marital property will be divided in an equitable fashion according to the court unless agreed to otherwise by the divorcing spouses. What does “equitable” mean? Equitable can be defined as “what is fair, not necessarily equal.” To automatically believe the marital property would be divided 50-50 would be a wrong assumption in any equitable distribution state.
Missouri Spousal Support/Maintenance/Alimony Factors
In Missouri the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Circuit Court will order support from one spouse to the other on a case-by-case basis as follows:
The court may order maintenance for a permanent or temporary period after considering all economic relevant factors including:
1. The financial resources of the party desiring support;
2. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
3. The earning capacity of each spouse;
4. The standard of living established while married;
5. The financial obligations and resources of each spouse;
6. The length of the marriage;
7. The age and health condition of the spouse seeking maintenance;
8. The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance;
9. The conduct of the parties during the marriage; and
10. Any other relevant factors.
The maintenance order shall state if it is modifiable or nonmodifiable. The court may order maintenance which includes a termination date. Unless the maintenance order which includes a termination date is nonmodifiable, the court may order the maintenance decreased, increased, terminated, extended, or otherwise modified based upon a substantial and continuing change of circumstances which occurred prior to the termination date of the original order.
(Missouri Statutes – Title 30 – Chapter 452 – Sections: 335 and 345)
Missouri Child Custody Factors
In Missouri, the court will act in the best interest of the children and shall consider all relevant factors including:
a) The wishes of the child’s parents as to custody and the proposed parenting plan submitted by both parties;
b) The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;
c) The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests;
d) Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;
e) The child’s adjustment to the child’s home, school, and community;
f) The mental and physical health of all individuals involved;
g) The intention of either parent to relocate the principal residence of the child; and
h) The wishes of a child as to the child’s custodian.
(Missouri Statutes – Title 30 – Chapter 452 – Sections: 375 and 400)
In Missouri, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.
Missouri Child Support Factors
Either or both parents may be ordered to provide child support. Marital misconduct is not to be considered as a factor. The following factors are considered:
a) the child’s custody arrangements;
b) the financial resources and needs of the child;
c) the standard of living the child would have enjoyed if the marriage had not been dissolved;
d) the physical and emotional conditions and educational needs of the child; and
e) the financial resources, needs, and obligations of both the noncustodial and the custodial parent.
A parent may be required to provide health insurance coverage for any children if such coverage is available at a reasonable cost from an employer, union, or other organization. There are official child support guidelines contained in the statute which are presumed to be correct unless shown to be unjust or inappropriate under the particular circumstances of the case. The court may order the payments to be made through the circuit clerk.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 340 and 345].
Missouri child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate Missouri child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate Missouri child support deviation factors that may be applicable to the situation.
Missouri Grandparent’s Rights
Grandparent Rights to Visitation: Visitation may be granted when the parents of the child have filed for dissolution of their marriage, when one parent of the child is deceased and the surviving parent denies reasonable visitation, or when a grandparent is unreasonably denied visitation with the child for a period of more than ninety days. The court must find that the visitation is in the child’s best interest. Chapter 452, Section 452.402 (A.M.S. §452.402).
When Adoption Occurs: The right of a grandparent to seek or maintain visitation may terminate upon the adoption of the child by someone other than a stepparent, another grandparent, or other blood relative.
Child Custody Statutes: Best interest of child considering: (1) wishes of the parties; (2) wishes of the child; (3) interaction and interrelationship between child and parties, siblings, and other significant persons; (4) child’s adjustment to home, school and community; (5) mental and physical health, and any abuse history, of all persons involved; (6) child’s needs for continuing relationship with both parties, and the ability and willingness of each to actively perform their duties as mother and father for the needs of the child; (7) any intention of either party to relocate outside the state; (8) which party is more likely to allow frequent and meaningful contact between the child and the other party; and (9) any other relevant factor. A.M.S. §452.375 et seq.
Parents May Choose: Yes
Missouri Military Divorce Laws
A Missouri military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.
Military Protection From Missouri Divorce Proceedings
There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.
Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Missouri court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.
Serving an Active Military Spouse
The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Missouri court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.
Residency and Filing Requirements
The typical military divorce filing requirements are as follows:
a) You or your spouse must reside in Missouri
b) You or your spouse must be stationed in Missouri
Grounds for Missouri Military Divorce
The grounds for a military divorce in Missouri are the same as a civilian divorce.
Dividing the Property
Along with the normal Missouri property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.
The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.
Child Support and Spousal Support
In Missouri, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Missouri child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.
Missouri Child Support Guidelines
The Missouri child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Missouri child support order.
Missouri Child Support Guidelines
Income Share Model *: YES
Percent of Income Model *: NO
Worksheets Available: YES
Extraordinary Medical Expenses Add on: YES
Childcare Add on: YES
Secondary Education Support: YES
UIFSA: YES
* The Income Shares Model: Missouri child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact. This estimated amount is then divided proportionally to the parents according to each parent’s income. This is easily done by using the Missouri child support worksheet and the estimated incomes are typically substantiated by past pay stubs or w-2s.
For example: If the father has a higher income than the mother, he would then be responsible for the greater portion of the child support obligation. Conversely, if the father has a lower income than the mother, he would then be responsible for the smaller portion of the child support obligation.
As a reminder, the child support obligation can manifest itself differently between a custodial and a noncustodial parent.
For example: It is not common for a custodial parent to be paying support to a non-custodial parent.
Missouri Child Support Definitions
Definition of Gross Income.
“Gross income” includes, but is not limited to, salaries, wages, commissions, dividends, severance pay, pensions, interest, trust income, annuities, partnership distributions, social security benefits, retirement benefits, workers’ compensation benefits, unemployment compensation benefits, disability insurance benefits, veterans’ disability benefits, military allowances for subsistence and quarters, and maintenance actually received.
Overtime compensation, bonuses, earnings from secondary employment, recurring capital gains, prizes, retained earnings and significant employment-related benefits may be included, in whole or in part, in “gross income” in appropriate circumstances.
If a parent is unemployed or determined to be underemployed, “gross income” may be based on imputed income.
Excluded from “gross income” is temporary assistance for needy families payments, Medicaid benefits, supplemental security income (SS1) benefits, food stamps, general assistance benefits, other public assistance benefits having eligibility based on income, and child support received for children not the subject of this proceeding.
If a parent receives rents or royalties or is self-employed, in a sole proprietorship or business with joint ownership, “gross income” is gross receipts minus the ordinary and necessary expenses incurred to produce such receipts. Depreciation, investment tax credits and other noncash reductions of gross receipts may be excluded from such ordinary and necessary expenses.
Adjustment to gross income for maintenance being paid.
An adjustment is appropriate in a proceeding to establish a child support order or to modify the support payable under an existing order. However, the adjustment available to the moving parent in an action to increase or decrease the support payable under an existing order shall be the lesser of.
1. the adjustment to which that parent was entitled when the existing order was entered, or
2. the adjustment to which that parent is entitled as a result of an order entered after the existing order.
Adjustment to Gross income for other children in primary physical custody.
The amount of the adjustment is the amount in the schedule of basic child support obligations that represents that parent’s support obligation based only on the parents gross income and without any adjustment for other children for whom the parent is responsible.
The adjustment for a child for whom there is an existing court or administrative order shall be reduced by the amount that the parent is actually receiving in current support payments.
An adjustment is appropriate in a proceeding to establish a child support order or to modify the support payable under an existing order. The adjustment is available for the parents natural and adopted children but not the parent’s stepchildren.
Work-related child care costs of parent entitled to receive support.
The reasonable work-related child care costs of the parent entitled to receive support may be included only if the gross income earned by the parent during the time period in which the parent incurs the child care costs is included in the parent’s monthly gross income. If the parent’s child care costs exceed the income earned during the lime period in which the parent incurs the child care costs, neither the income earned nor the child care costs incurred shall be included.
If the amount of the actual work-related child care costs for each child is not available or cannot be verified, the amount of the reasonable work-related child care costs be included in the gross income of the parent receiving the maintenance and as an adjustment of the parent paying the maintenance.
Health insurance costs.
If the amount of the actual health insurance premium for the children who are the subject of this proceeding is not available or cannot be verified, the amount of the premium attributable to the children who are the subject of this proceeding shall be calculated by dividing the total monthly premium for the policy of health insurance by the total number of persons for whom the premium is paid or to be paid and then multiplying the resulting figure by the number of children insured under the policy who are the subject of this proceeding.
Uninsured extraordinary medical costs.
If the amount of the actual extraordinary medical costs for each child is not available or cannot be verified, the amount of the extraordinary medical costs attributable to each child who is the subject of this proceeding shall be calculated by dividing the total monthly extraordinary medical costs by the total number of children for whom the extraordinary medical costs are paid or to be paid.
“Extraordinary medical costs” are reasonable and necessary medical and dental expenses, incurred for the children who are the subject of this proceeding, to the extent that the uninsured portion of such expenses, including any deductibles and co-payments, exceeds $ 100. 00 per year per child. “Extraordinary medical costs” are predictable and recurring, such as expenses for dental treatment, orthodontic treatment, asthma treatment and physical therapy. Medical and dental expenses incurred for single occurrence illness or injuries that are not covered or fully paid under any health insurance policy should be handled by separate order.
Other extraordinary child-rearing costs.
If the amount of the actual other extraordinary child-rearing costs for each child is not available or cannot be verified, the amount of the other extraordinary child-rearing costs attributable to each child who is the subject of this proceeding shall be calculated by dividing the total monthly other extraordinary child-rearing costs by the total number of children for whom the other extraordinary child-rearing costs are paid or to be paid.
Post-secondary educational expenses and private or parochial elementary, middle and high school expenses are not included in the schedule of basic child support obligations; therefore, these expenses may be included as an “other extraordinary child-rearing cost if the parents agree or the court orders that the parents, contribute to payment of these expenses.
“Other extraordinary child-rearing costs” may include, but are not limited to, the cost of tutoring sessions, special or private elementary and secondary schooling to meet the particular educational needs of a child, camps, lessons, travel or other activities intended to enhance the athletic, social or cultural development of a child.
An order may include the cost of tuition, room and board, books, fees and other reasonable and necessary expenses. In determining the amount of these expenses, scholarships, grants, stipends and other cost-reducing programs available to the child should be considered.
Missouri Dissolution of Marriage Definitions
This collection of definitions will help clarify some unique characteristics to the Missouri Dissolution of Marriage laws, process and paperwork which is filed with the court.
Filing Party Title:
Petitioner
The spouse who will initiate the Dissolution of Marriage by filing the required paperwork with the court.
Non-Filing Party Title:
Respondent
The spouse who does not initiate the Dissolution of Marriage with the court.
Court Name:
In the Circuit Court of __________ County, Missouri
The proper name of the court in which a Dissolution of Marriage is filed in the state of Missouri. Each jurisdictional court typically has a domestic relations or a family law department or division.
The state run office devoted to enforcing existing child support orders and collecting any past due child support.
Document Introduction:
In Re the Marriage of:
The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.
Initial Dissolution of Marriage Document:
Petition for Dissolution of Marriage
The title and name of the legal document that will initiate the Missouri Dissolution of Marriage process. The filing spouse is also required to provide the non-filing spouse a copy of this document.
Final Dissolution of Marriage Document:
Decree of Dissolution of Marriage
The title and name of the legal document that will finalize the Missouri Dissolution of Marriage process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.
Clerk’s Office Name:
Office of the Clerk of the County Circuit Court
The office of the clerk that will facilitate the Dissolution of Marriage process. This is the title you would address letters to or ask for when contacting the courthouse.
Legal Separation:
The grounds for legal separation in Missouri are an irretrievable breakdown of the marriage, which may include the following factors: (1) adultery; (2) abandonment; (3) separation caused by misconduct in the 12 months before filing the petition; (4) spousal behavior that the other spouse cannot reasonably be expected to live with; and (5) living separate and apart continuously for 24 months. One of the spouses must be a resident of Missouri for 90 days before filing for legal separation.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 305 and 320].
Property Distribution:
Equitable Distribution
The applicable Missouri law that will dictate how property and debt is to be divided upon Dissolution of Marriage.
