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- Missouri Divorce Law -

Statutory Reference to Revised Statutes of Missouri:

Residence: §§ 452.300, 452.305

Divorce: §§ 452.305, 452.320

Property Division: § 452.330

Alimony: § 452.335

Custody: § 452.375

Visitation:§ 452.402

Child Support: Missouri Supreme Court Rule 88.01

 

Residence:

One of the spouses must be a resident of Missouri for 90 days before filing.  The dissolution petition must be filed in the county where the plaintiff resides.  There is a 30-day waiting period after filing before the dissolution will be granted.

 

Grounds:

Irretrievable breakdown of marriage [no-fault].  If no-fault is contested, the petitioner must show adultery, incompatibility, six months' abandonment, living apart by mutual consent for one year, or two years' living separate and apart.

 

Distribution of Property:

An equitable distribution state based on dual classification of property.  Missouri adopted the Uniform Marriage and Divorce Act. 

 

Alimony/Spousal Support:

The court may award rehabilitative, periodic, or lump-sum maintenance.  The maintenance shall be in such amounts and for such periods of time as the court deems just, after considering all the relevant factors.  Ten factors set out by statute.

 

Child Custody/Visitation:

The court shall determine custody based on the best interests of the child, considering ten specific factors.  Custody can be joint legal, joint physical, sole legal, sole physical, or any combination.  An award of joint custody is encouraged.  A parent not awarded custody shall be given reasonable visitation.

 

Child Support:

Child support guidelines are based on the Income Shares Formula, calculated on gross income.  Each parent must submit Civil Procedure Form 14. 

 


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