Missouri Divorce online - Divorce forms - Divorce papers - No-fault divorce form - Do it yourself divorce - Uncontected divorce - Divorce law
Missouri Uncontested Divorce online   divorce forms and papers  
 HOME   FACTS   FAQ's   SERVICES   FIND LAWYER   NEWS   DISCUSSION BOARD   LOGIN 
empty space My Shopping Cart   empty space
        Uncontested Divorce  
        Power of Attorney  
        Credit Report  
        Incorporate & LLC  
        Will  
        Living Will  
        Living Trust  
        Prenuptial Agreement  
        Bill of Sale  
        Change Name  
        Criminal History  
   
  LegalHelper.NET, the owner of this site, is not affiliated and does not claim to be affiliate with either Legal Helpers, P.C. or the site legalhelpers.com  
 
 
Missouri Uncontested Divorce Online  
  Before you start completing your uncontested divorce forms with us, please read all the requirements for Missouri divorce. Make sure that your situation matches all the requirements. Missouri Uncontested Divorce online  
 

Requirements for Missouri Divorce

(Missouri Revised Statutes, Chapter 452 ) 		 
 

RESIDENCY REQUIREMENTS:

In order for the circuit court to accept your petition for divorce the court has to have jurisdiction over your case. Thus, the petitioner has to establish his/her residence in the state of Missouri.
 
The court will accept the case if at least one of the parties has been a resident of this state, or is a member of the armed services who has been stationed in this state, for ninety days (90) immediately preceding the commencement of the proceeding and that thirty days have elapsed since the filing of the petition. (Missouri Revised Statutes, Chapter 452, 305.1)

WHERE TO FILE :

A Petition for dissolution of marriage has to be filed to the Circuit Court of the county. The filing spouse is the petitioner. When the spouses file jointly to end a marriage, they are called Co-Petitioners.

GROUNDS FOR DIVORCE:

Marriage can be dissolved if the court finds that there remains no reasonable likelihood that the marriage can be preserved and that therefore the marriage is irretrievably broken.
 
If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after considering the aforesaid petition or statement, and after a hearing thereon shall make a finding whether or not the marriage is irretrievably broken and shall enter an order of dissolution or dismissal accordingly.
 
If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospect of reconciliation, and after hearing the evidence shall
  1. Make a finding whether or not the marriage is irretrievably broken, and in order for the court to find that the marriage is irretrievably broken, the petitioner shall satisfy the court of one or more of the following facts:
    1. That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
    2. That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
    3. That the respondent has abandoned the petitioner for a continuous period of at least six months preceding the presentation of the petition;
    4. That the parties to the marriage have lived separate and apart by mutual consent for a continuous period of twelve months immediately preceding the filing of the petition;
    5. That the parties to the marriage have lived separate and apart for a continuous period of at least twenty-four months preceding the filing of the petition, or
  2. Continue the matter for further hearing not less than thirty days or more than six months later, or as soon thereafter as the matter may be reached on the court's calendar, and may suggest to the parties that they seek counseling. (Missouri Revised Statutes, Chapter 452.320)

DISPOSITION OF PROPERTY; ASSIGNMENT OF DEBTS:

In a proceeding for dissolution of the marriage or legal separation, or in a proceeding for disposition of property following dissolution of the marriage…the court shall set apart to each spouse such spouse's non-marital property and shall divide the marital property and marital debts in such proportions as the court deems just after 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. (Missouri Revised Statutes, Chapter 452.330)

SPOUSAL SUPPORT:

In a proceeding for…dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order to either spouse, but only if it finds that the spouse seeking maintenance:
  1. Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and
  2. Is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
The maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors…
 
The maintenance order shall state if it is modifiable or non-modifiable. The court may order maintenance which includes a termination date. (Missouri Revised Statutes, Chapter 452.335)

CHILD SUPPORT:

In a proceeding for dissolution of marriage, legal separation or child support, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the support of the child, including an award retroactive to the date of filing the petition, without regard to marital misconduct, after considering all relevant factors including:
  1. The financial needs and resources of the child;
  2. The financial resources and needs of the parents;
  3. The standard of living the child would have enjoyed had the marriage not been dissolved;
  4. The physical and emotional condition of the child, and the child's educational needs;
  5. The child's physical and legal custody arrangements, including the amount of time the child spends with each parent and the reasonable expenses associated with the custody or visitation arrangements; and
  6. The reasonable work-related child care expenses of each parent.
The obligation of a parent to make child support payments shall terminate when the child:
  1. Dies;
  2. Marries;
  3. Enters active duty in the military;
  4. Becomes self-supporting, provided that the custodial parent has relinquished the child from parental control by express or implied consent;
  5. Reaches age eighteen, unless the provisions of subsection 4 or 5 of this section apply; or
  6. Reaches age twenty-one, unless the provisions of the child support order specifically extend the parental support order past the child's twenty-first birthday for reasons provided by subsection 4 of this section.
If the child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday. (Missouri Revised Statutes, Chapter 452.340)

NAME RESTORATION:

Either spouse may petition the court for a name change.
 
A legal notice of this name change must be published in the local newspaper in the county in which the spouse resides. (Missouri Revised Statutes, Chapter 527.270 and 527.290)
 
Missouri Uncontested Divorce online * Related Uncontested Divorce Facts
* Related Uncontested Divorce News 		 
 
 Related FAQ's
 
  Top page  
 
 WEB DIRECTORY   FACTS   OUR MISSION   LEGAL DISCLAIMER   CONTACT US   SITEMAP   RESOURCES   BLOG