Scott Law Firm provides legal services in dissolution of marriage (divorce) cases. In simple, uncontested cases, a fixed fee is charged. In more complex uncontested cases and contested cases, fees are based on the time required to perform the necessary legal work.

This page and its linked sub-pages give an overview of Missouri dissolution law. A general overview appears on this page, and the linked sub-pages cover the following topics:

General overview of dissolution in Missouri

Dissolution of marriage is governed in Missouri by Chapter 452 of the Revised Statutes and the case law interpreting those statutes.

Missouri is a "modified no-fault" divorce state. This means that although the presence of fault is not generally necessary to obtain a dissolution, fault may be considered by the court in deciding division of property, custody of children, and maintenance (alimony). Fault generally means some type of marital misconduct.

In order to file a petition for dissolution in Missouri, at least one of the spouses must have been a Missouri resident for at least 90 days.

The only ground for divorce a petitioner is required to assert in the petition is that the marriage is irretrievably broken and there is no likelihood the marriage can be preserved. However, if the respondent spouse denies the marriage is irretrievably broken, before obtaining a dissolution, the petitioner will be required to prove one of the following to the satisfaction of the judge:

Once a dissolution case is filed, the court can enter certain temporary orders pending a final decree upon the request of either party, including orders:

Such temporary orders usually are requested only in contested cases in which the spouses cannot agree on the issues. If the spouses ultimately are unable to agree on all issues, there will have to be a trial. After hearing the evidence at the trial, the judge will decide the issues. In Boone County, it typically takes at least six months for a contested dissolution case to be tried, but it can take longer in more complex cases.

Depending on the circumstances, the main issues that may need to be decided in a dissolution are property division, child custody, child support, a parenting plan and maintenance. These issues are discussed in more detail on the linked sub-pages.

If both spouses can agree on all necessary issues, their agreement must be incorporated into a written document generally known as a separation agreement. Approximately 90% of dissolution cases are resolved in this manner.  After a dissolution case has been filed, the court has the power to decree a dissolution after 30 days if everything is ready. However, the volume of paperwork required for even simple uncontested dissolutions and the scheduling of court hearings usually dictates that a decree cannot be obtained until six to eight weeks after filing at the earliest.

It is also possible for divorcing spouses to agree on a partial settlement in which they resolve some but not all issues, leaving the disputed issues to be decided by the court after a trial.

In every case in which a separation agreement is signed, the court must review the agreement to make sure it is fair to both spouses. It is rare for the court to reject a separation agreement, but it sometimes occurs.

In Boone County, a local court rule requires both divorcing spouses to attend a parent education program called "Focus on Kids" if they have one or more children under the age of 17. Each parent is charged $35 for the class. Unless an extension is granted by the court, the petitioner must attend the class within 30 days after filing the petition, and the respondent  must attend within 30 days after being served with the petition or voluntarily entering an appearance in the case. A similar class is now required throughout the state under a statutory revision effective August 28, 1998.

After a dissolution case has been completed, it may become necessary to return to court at a future time for modification of the decree. Grounds for modification and a brief description of the process appear on the linked "Modification" page.

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