- Residency before filing
- 90 days[1]
Key facts: divorce in Missouri
| Waiting period | 30 days[1] details ↓ |
|---|---|
| Residency requirement | 90 days[1] details ↓ |
| No-fault divorce | Yes (irretrievably broken)[1] details ↓ |
| Property division | Equitable distribution[3] details ↓ |
| Court mediation for custody | Court may order[4] details ↓ |
| Court mediation fees | Paid by the parties (court sets shares)[4] details ↓ |
Statutes and court rules as checked October 26, 2026. Not legal advice.
What are the divorce laws in Missouri?
Not legal advice. These are plain-English summaries of Missouri’s statutes and court rules as of the date shown on each; they can change and courts apply them case by case. Read the linked source or ask a lawyer licensed in Missouri.
Waiting period
30 days
A Missouri court can enter a judgment of dissolution only after 30 days have passed since the petition was filed.[1]
RSMo § 452.305.1(1) · checked October 26, 2026
Show statute text
“The court finds that 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 immediately preceding the commencement of the proceeding and that thirty days have elapsed since the filing of the petition;”
Residency requirement
90 days
One spouse must have lived in Missouri, or been stationed there in the armed services, for the 90 days before the case starts.[1]
RSMo § 452.305.1(1) · checked October 26, 2026
Show statute text
“The court finds that 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 immediately preceding the commencement of the proceeding”
No-fault divorce
Yes, no-fault only
Missouri grants a dissolution when there is no reasonable likelihood the marriage can be preserved; if one spouse denies this, the petitioner must prove one of listed facts, which include adultery, intolerable behavior, abandonment, or living apart 12 months by consent or 24 months otherwise.[1][2]
RSMo §§ 452.305.1(2) and 452.320.2; RSMo § 452.320 · checked October 26, 2026
Show statute text
“The court finds that there remains no reasonable likelihood that the marriage can be preserved and that therefore the marriage is irretrievably broken;”
“(d) 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; (e) 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;”
Property division
Equitable distribution
The court gives each spouse their nonmarital property and divides marital property and debts in proportions it deems just, considering factors including economic circumstances, contributions, conduct during the marriage, and custody arrangements.[3]
Community property in Missouri: the statute quoted →
RSMo § 452.330.1 · checked October 26, 2026
Show statute text
“the court shall set apart to each spouse such spouse's nonmarital property and shall divide the marital property and marital debts in such proportions as the court deems just after considering all relevant factors including:”
Court mediation for custody
Court may order
In cases with custody or visitation issues, the court may order the parties into an alternative dispute resolution program under Supreme Court rule unless there is good cause, which includes a court finding of domestic violence or abuse; each circuit may choose whether to set up such a program.[4]
RSMo § 452.372.2 and .4 · checked October 26, 2026
Show statute text
“In cases involving custody or visitation issues, the court may, except for good cause shown or as provided in subsection 3 of this section, order the parties to the action to participate in an alternative dispute resolution program pursuant to supreme court rule to resolve any issues in dispute or may set a hearing on the matter.”
Court mediation fees
Paid by the parties (court sets shares)
Court-ordered ADR in custody cases may be paid for by the parties in proportions set by the court, at a cost that must be reasonable and customary for that circuit; no statewide dollar amount is set.[4]
RSMo § 452.372.3 · checked October 26, 2026
Show statute text
“Any alternative dispute resolution program ordered by the court pursuant to this section may be paid for by the parties in a proportion to be determined by the court, the cost of which shall be reasonable and customary for the circuit in which the program is ordered,”
Alimony
Court decides from listed factors
A Missouri court may order maintenance only if the spouse seeking it lacks enough property to meet reasonable needs and cannot support themselves through appropriate employment (or is caring for a child who needs them at home). The amount and length are what the court finds just after weighing statutory factors; no formula or cap is set.
Divorce rate
2.4 per 1,000 residents (2024)
Missouri’s courts granted 2.4 divorces per 1,000 residents in 2024, down from 4.5 in 2000; the U.S. rate was 2.3. In the Census Bureau’s 2024 survey, 6.8 of every 1,000 women 15 and older in Missouri divorced in the past year (±1.0; U.S. 6.9), a different measure.[6][7]
Divorce rates by state, with sources → · CDC/NCHS NVSS; Census ACS · checked October 27, 2026
Estimate your divorce cost in Missouri: mediation vs. court →
How child support is calculated in Missouri →
Mediators per 100,000: MediationList listings from official court and government rosters in Missouri (262) ÷ population (6,245,466, U.S. Census Bureau, Vintage 2024 county population estimates (July 1, 2024)) × 100,000, the same figure as mediator statistics.[5]
Questions about divorce in Missouri
How long does a divorce take in Missouri?
The law sets the minimum, not the total: A Missouri court can enter a judgment of dissolution only after 30 days have passed since the petition was filed. How long it takes after that depends on whether you agree and on the court's calendar. — RSMo § 452.305.1(1)[1]
How long do you have to live in Missouri to file for divorce?
One spouse must have lived in Missouri, or been stationed there in the armed services, for the 90 days before the case starts. — RSMo § 452.305.1(1)[1]
Is Missouri a no-fault divorce state?
Missouri grants a dissolution when there is no reasonable likelihood the marriage can be preserved; if one spouse denies this, the petitioner must prove one of listed facts, which include adultery, intolerable behavior, abandonment, or living apart 12 months by consent or 24 months otherwise. — RSMo §§ 452.305.1(2) and 452.320.2[1]
Is Missouri a community property state?
No. The court gives each spouse their nonmarital property and divides marital property and debts in proportions it deems just, considering factors including economic circumstances, contributions, conduct during the marriage, and custody arrangements. — RSMo § 452.330.1[3]
Is mediation required for custody in Missouri?
In cases with custody or visitation issues, the court may order the parties into an alternative dispute resolution program under Supreme Court rule unless there is good cause, which includes a court finding of domestic violence or abuse; each circuit may choose whether to set up such a program. — RSMo § 452.372.2 and .4[4]
How much does court mediation cost in Missouri?
Court-ordered ADR in custody cases may be paid for by the parties in proportions set by the court, at a cost that must be reasonable and customary for that circuit; no statewide dollar amount is set. — RSMo § 452.372.3[4]
More
Sources
Missouri’s statutes and court rules, read on the official site, plus federal statistics; each with the date we checked it.
- RSMo § 452.305.1(1) (Missouri Revisor of Statutes; version effective Aug. 28, 2026)↩
- RSMo § 452.320↩
- RSMo § 452.330.1 (Missouri Revisor of Statutes)↩
- RSMo § 452.372.2 and .4 (Missouri Revisor of Statutes)↩
- U.S. Census Bureau, Vintage 2024 county and state population estimates (July 1, 2024)↩
- CDC/NCHS, National Vital Statistics System: Divorce rates by State: 1990, 1995, and 2000-2024↩
- U.S. Census Bureau, American Community Survey 2024 1-year estimates, table https://data.census.gov/table/ACSDT1Y2024.B12503↩