- September 18, 2024
- Kelvin Birk
- Divorce
When a marriage comes to an end, it is a difficult and stressful time for everyone involved. In addition to concerns about financial issues and child support and custody, you need to consider where you, your children, and your soon-to-be ex-spouse will live. Most people want the process to be over as quickly and expeditiously as possible.
However, before you can even file for divorce in Missouri, you must meet certain residency requirements and adhere to specific divorce laws and procedures. It can help to have an experienced Missouri divorce lawyer by your side from the start to ensure that you meet all requirements and that everything is done correctly to prevent problems that can hold up your divorce.
What is Missouri’s Residency Requirement for Divorce?
Under Missouri law, the court will not grant a final divorce order unless you meet certain residency and other requirements. The requirements for filing a divorce petition may vary based on whether you are seeking a no-fault or fault-based divorce
No-Fault Divorce: Virtually all divorces are now no-fault divorces where you and your spouse mutually agree to end your marriage without assigning blame to either party. Instead, you must only confirm that your marriage is broken and that there is no chance of reconciliation. To file for a no-fault divorce in Missouri, at least one of the spouses must be a resident of the state, or be a member of the armed services who has been stationed in this state, for 90 days prior to filing. You can file for divorce in the county where either you or your spouse resides.
Fault-Based Divorce: Fault-based divorces are for the rare situation where one party denies that the marriage is irretrievably broken. To file for a fault-based divorce in Missouri, the spouse who files, called the petitioner, must also be a resident of Missouri for at least 90 days or be a member of the armed forces stationed in the state. The petitioner must be able to demonstrate proof of the alleged misconduct for the divorce to be granted.
According to Missouri Revisor Statute 452.320, the grounds for divorce include:
- Adultery
- Intolerable behavior and abuse
- Separation of 24 months or 12 months if you and your spouse agree to the divorce
- Abandonment of at least six months.
If you cite any of these grounds for divorce, you must provide proof that your spouse engaged in the alleged behavior.
Waiting Period for Divorce
In addition to the residency requirement, there is also a mandatory 30-day waiting period in Missouri. The judge cannot issue your final divorce decree for at least 30 days after you file for divorce. The court also must find that there remains no reasonable likelihood that the marriage can be preserved and that the marriage is irretrievably broken. Before granting the divorce, the courts must consider issues that include the maintenance of either spouse, and the division of property, and if there are children involved, provisions for child custody and the support of each child.
Understanding the 90-Day Residency Period
While Missouri law requires a 90-day residency period for granting a divorce, you can start a dissolution/divorce proceeding even if you are not a Missouri resident. However, the courts will make sure you or your spouse have been a resident for the required 90 days or in the armed forces stationed in the state before the divorce can be granted. In addition, 30 days must have elapsed since the petition was filed with the court.
There is also a 90-day requirement for residency and 30-day requirement after filing if you want to get a legal separation.
What if I Don’t Meet the 90-Day Residency Requirement?
If you do not meet the 90-day residency requirement for divorce in Missouri, you have a few options:
Waiting – You may be anxious to conclude your divorce quickly, but if you or your spouse do not meet the residency requirement, you will still have to wait until one of you has been a resident of Missouri for at least 90 days before filing for divorce. The residency requirement stipulates that the petitioner (the spouse initiating the divorce) or the respondent spouse must have been a resident of Missouri for at least 90 consecutive days immediately prior to filing the divorce petition.
Have your spouse file – If your spouse meets the 90-day residency requirement and you do not, your spouse can file for the divorce, and it can then proceed.
File in another state – If neither you nor your spouse meets the 90-day residency requirement in Missouri, but you meet the requirements in another state, you can file for divorce in that state.
Be in the military – Missouri allows exceptions and waives the 90-day residency period if either you or your spouse is a member of the armed forces stationed in Missouri.
Get Help Expediting Divorce in Missouri
While meeting the 90-day residency requirements for filing divorce is essential, it is not the only factor to consider when seeking a divorce in Missouri. Divorce is complicated, especially when it is contested and couples do not agree on issues such as:
- Child support, parenting plans, and custody arrangements of minor children
- Spousal support
- Parenting plan
- Division of property and marital property vs. separate property.
Even if you do not yet meet the Missouri residency requirements, it is a good idea to seek the help of an experienced Missouri divorce lawyer if you are even thinking of divorce. Your lawyer will examine your individual situation, guide you through the legal process, ensure your rights and those of your children are protected, assist in gathering the necessary documentation, and make sure everything is done properly and in a timely manner.
The Birk Law Firm has years of experience representing clients in divorce and family law and will aggressively represent our client’s wishes while doing everything possible to ensure that the divorce process not cause further damage. Attorney Kelvin Birk is not only a lawyer, but also a Certified Public Accountant, and he will use this knowledge to look out for both your legal and financial interests.
Call us today for a free consultation to discuss your individual divorce situation and get started on the road to rebuilding your life and your future.
FREE CONSULT CALL NOW 573-332-8585
Attorney Kelvin Birk
Kelvin Birk is a lawyer as well as a certified public accountant, with more than 30 years of experience in accounting and tax and business consulting, and more than 20 years of experience in numerous legal matters. This combined expertise allows our law firm to provide a level of service above that of other firms. Whatever your legal situation, your attorney at Birk Law Firm can counsel you as to the tax implications. We have experience in providing myriad legal representation services to residents of southeast Missouri and other areas.. [ Attorney Bio ]
