Am I Eligible to File for Dissolution of Marriage in Missouri? (2026)

Missouri's residency requirement is shorter than most states. Check the key requirements below before filing.

Disclaimer: General legal information only. Consult a licensed Missouri attorney for your situation.

Section 1 — Residency

  • At least one spouse has been a Missouri resident for 90 days before filing → ✅ Eligible
  • Neither spouse meets the 90-day requirement → ❌ Wait

File in the Circuit Court in the county where you or your spouse lives.

Section 2 — Ground for Dissolution

Missouri recognizes one primary ground: irretrievable breakdown of the marriage (RSMo § 452.305).

Must be stated under oath in the Petition. If the other spouse agrees: the court accepts it immediately. If the other spouse denies it: the court may order counseling or require additional evidence. Ultimately, a spouse can establish irretrievable breakdown after living separate and apart for 24 months.

Section 3 — Marital vs. Non-Marital Property

Unlike Indiana, Missouri distinguishes between marital and non-marital property:

Marital property (subject to equitable division):

  • All property acquired by either spouse during the marriage
  • Income earned during the marriage
  • Appreciation of marital assets during the marriage

Non-marital property (generally excluded from division):

  • Property owned before the marriage
  • Gifts received by one spouse during the marriage
  • Inheritances received by one spouse during the marriage
  • Property excluded by a valid prenuptial agreement

Important: Property can become "marital" if it is commingled with marital assets or if the non-owning spouse contributed to its appreciation (transmutation). Identify your non-marital property clearly.

Section 4 — Form 14 Requirement (Children)

If minor children are involved, a completed Form 14 is mandatory. Before filing, confirm you have:

  • Both spouses' gross monthly income
  • Health insurance cost for the children
  • Work-related childcare costs
  • Proposed parenting time allocation (number of overnights per year)

Without a completed Form 14, the court cannot enter a child support order.

Section 5 — Maintenance (Spousal Support)

Missouri courts consider 8 statutory factors under RSMo § 452.335 for maintenance:

  1. Financial resources of the requesting spouse
  2. Time needed to get education or training for employment
  3. Standard of living established during the marriage
  4. Duration of the marriage
  5. Age and physical/emotional condition of the requesting spouse
  6. Ability of the other spouse to meet their own needs while paying maintenance
  7. Conduct of the parties during the marriage
  8. All other relevant factors

Include either a maintenance provision or an explicit written waiver in the Marital Settlement Agreement.

Section 6 — 30-Day Waiting Period

The dissolution cannot be finalized until 30 days after the Petition is filed. This is the minimum wait. Actual finalization depends on court scheduling.

Last reviewed: March 2026 | 90-day residency | Form 14 mandatory with children | RSMo § 452.305

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.